When a person gets hurt because of another person’s actions or failure to act, it can lead to various kinds of court cases. The injured person could file a personal injury lawsuit, and depending on the circumstances of the injury, the person who caused the injury could also face criminal prosecution. But how do civil lawsuits and criminal cases differ from one another, and how do they work differently in the Oregon legal system?
Who Files the Case?
One of the primary differences between civil and criminal court cases is who files the case. In a criminal case, the State of Oregon or the U.S. government files a case for alleged violations of Oregon or federal criminal law. It prosecutes it on behalf of the people of Oregon or the U.S. Conversely, for a civil case, a plaintiff – usually a private party, although the state or federal government sometimes files civil lawsuits – files suit against a defendant to resolve a legal dispute or recover compensation for losses allegedly caused by the defendant.
What’s at Stake?
Civil and criminal cases have significantly different outcomes. In a civil lawsuit, a plaintiff seeks monetary or equitable relief from the court, such as an award of compensation for losses caused by a defendant or a court order directing the defendant to do something or refrain from doing something.
However, a defendant in a criminal case faces the possibility of criminal penalties if convicted. Criminal penalties can include jail or prison time (especially for more serious offenses), fines, restitution obligations (under which a defendant compensates their victim for losses caused by the crime), probation, community service, and other collateral consequences such as driver’s license suspensions, loss of firearm rights, or sex offender registration obligations.
The Burden of Proof
Civil and criminal cases also have different burdens of proof. On the merits of a case, the government in a criminal prosecution must prove every element of a defendant’s charge beyond a reasonable doubt – the highest burden of proof in U.S. law. In a criminal case, if a juror has any reasonable doubt as to a defendant’s guilt, they must vote to acquit the defendant. Conversely, juries or judges in civil lawsuits typically resolve the merits of a case under the “preponderance of the evidence standard.” This standard requires a civil plaintiff to prove that their theory of the case is more likely than not correct.
When Do Civil and Criminal Cases Intersect?
Civil and criminal cases can sometimes arise from the same event or series of events. For example, suppose a drunk driver causes an accident that injures someone else. In that case, the driver will likely face prosecution for intoxicated driving and other criminal or motor vehicle offenses. However, the injured party can also file a civil lawsuit against the driver to recover compensation for medical expenses, lost wages, and other financial and personal losses. Criminal cases can also provide evidence for civil lawsuits. In the example of the drunk driving accident, the driver’s conviction can also provide evidence that allows the injured party to pursue a theory of “negligence per se” – negligence based on a violation of the law – to hold the driver liable.
Why the Distinction Matters
The distinction between civil and criminal cases matters for several reasons. Both types of legal proceedings involve different parties, use different court procedures, and have different outcomes, even if both proceedings arise from the same set of events.
Contact Our Firm Today for Experienced Legal Counsel and Advocacy
Many kinds of incidents can lead to both civil lawsuits and criminal prosecutions. Contact Wayne A. Lamb Law today for a free consultation with a civil litigation attorney to learn more about the differences between civil lawsuits and criminal cases and how each proceeding works in Oregon.