Filing a Criminal or Civil Lawsuit

In order to make the decision if your lawsuit will be filed in a criminal or civil court, your attorney should clearly understand the circumstances of your case. At Teal Montgomery & Henderson, we know that understanding the difference between criminal and civil cases is the first thing you have to know.

Civil Court

Civil cases deal with conflicts between institutions or people, usually beginning when a person or organization finds that their dispute cannot be solved without court intervention. The plaintiff in a civil case must establish the liability of the defendant. The defendant in this case cannot go to jail but may be forced to pay monetary damages.

Criminal Claims

Criminal cases involve a government bringing charges against a person who allegedly committed a crime. In a criminal case, the prosecutor has to establish the defendant’s guilt. If the defendant is found guilty, the sentence can be a fine, jail time or both.

In some cases where there are both criminal and civil aspects to an incident, there will be two distinct cases. One example that shows where there can be a civil suit and criminal suit is an auto accident where the Sacramento driver failed to stop or was under the influence of alcohol (committing a criminal action) and the victim chooses to file a lawsuit for their personal injuries (civil court). A defendant then can be proven guilty or not guilty in the criminal case, and they can also be determined to be liable or not liable for compensation to the plaintiff.

The ideal person to determine whether you should pursue a criminal or civil case for your personal injury lawsuit is an experienced attorney who is proficient in accident law. Your personal injury lawyer can listen to the facts of the case and make the determination where to file your accident lawsuit.

Upon initial consultation, Teal Montgomery & Henderson will predict an outcome to your case. For an initial appointment call us toll free at 866-878-5267, or complete our contact web form.