CAN I FILE A LAWSUIT IF I AM A VICTIM OF A CRIME?

In many cases, you can file a civil lawsuit against the perpetrator of a crime committed against you. These lawsuits are often pursued against violent criminals whose wrongdoing results in calculable and incalculable forms of harm. For example, a sexual assault victim might sue their assailant and seek compensation for medical bills, emotional trauma, pain and suffering, and other losses. Statutes of limitations typically apply, however, and will vary by state. You may be unable to pursue civil legal action if you wait too long, so you should discuss your legal options with our victims’ rights lawyers as soon as you can to avoid missing a deadline.

Additional parties other than the crime’s perpetrator may be liable for damages in some cases. When criminal incidents occur at or near third-party entities, such as hotels, apartment complexes, or restaurants, these venues may be civilly liable for their failure to provide adequate security, follow proper protocols, or perform a duty owed to the victim that would have mitigated or prevented the criminal act. Furthermore, when certain crimes, such as sexual assault, occur in private homes, the homeowner and/or homeowner’s insurance may be liable for these acts. After reviewing your specific circumstances, we can advise who may be liable in your case.

If a violent crime results in death, the victim’s family may be able to file a wrongful death lawsuit against the perpetrator. The deadline for taking civil legal action in these cases is generally tied to the day the victim passed, not the day of the crime.

WHAT IS THE DIFFERENCE BETWEEN CIVIL DAMAGES AND VICTIM RESTITUTION?

The objective of a criminal trial is to establish whether the defendant is guilty and, if so, confer the appropriate punishment. Though they will likely be called to serve as a witness, the victim is otherwise not directly tied to criminal proceedings and does not get to make decisions about how the case is handled. For example, the prosecution will have the final say over whether to accept a plea bargain, even if the victim objects.

If the prosecution does obtain a guilty verdict, the victim will submit bills for their crime-related expenses. The prosecution then presents these amounts to the judge, who will decide how much restitution – or compensation – to award to the victim as part of the defendant’s sentencing.

In a civil case, the victim has control over how the matter proceeds and whether any offered settlement should be accepted. The objective here is to exclusively secure compensation to make the victim (or their family) whole.

Through civil legal action, a violent crime victim can recover damages for:

• Medical Bills
• Reduced Earning Capacity
• Loss of Enjoyment of Life
• Punitive Damages
• Lost Wages
• Loss of Consortium
• Pain & Suffering

You should not assume you will get restitution even if criminal charges are filed. A conviction is not guaranteed, and any restitution awarded will not cover pain and suffering or punitive damages. If you need comprehensive compensation to cover out-of-pocket expenses and other losses, you should discuss your options with our experienced victims’ rights lawyers.

WHAT IS THE BURDEN OF PROOF IN A CIVIL CRIME VICTIM CASE?

As mentioned previously, the burden of proof in a civil crime victim case is significantly lower than that of a criminal trial. You must provide clear and convincing evidence that demonstrates the defendant more likely than not committed the crime. You do not have to prove the defendant is guilty beyond a reasonable doubt, which can make winning civil cases easier than establishing guilt in a criminal court.