Webb, Lindsey & Wade, LLC
Criminal Law V. Civil Law: Do I Have A Lawsuit?

by Jason B. Thompson

The only way to truly get an answer to this question is to consult an attorney and give your attorney the specific facts.  However, many people do not realize that they have a right to recovery because they are not familiar with the legal process.

In many cases, there is a confusion because one may be involved with a criminal case and not realize that there is also a civil remedy.  The most common example is an auto accident.  In a typical auto accident, one of the parties is issued a citation and is to appear in front of a judge.  This is a criminal case in which that driver has been charged with violating a law.  The other driver may be called as a witness in the criminal case. 

The other driver may not realize that he also has a civil remedy against that driver that caused the accident.  Even though the criminal case is handle by a prosecutor's office, the other driver has the right to meet with a lawyer to discuss a potential suit against the driver that caused the accident.

This scenario also applies to many other areas of criminal law.  Assault, battery, and false imprisonment charges are a few that come to mind.  The victim can pursue a lawsuit for any damages sustained during the crime. 

In criminal law, the victim can sometimes ask for restitution.  This allows for the victim to recover from the defendant some monetary damages for his injuries. 

If you are a victim of a crime and want to know if you have a civil lawsuit, contact an attorney to discuss your legal rights.

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