Despite advances in camera and security technology, violent crimes such as assault and murder continue to rise in certain locations in the US, including South Florida. Being a victim of a violent crime can result in long-term personal injuries, post-traumatic stress disorder (PTSD), loss of income and a severe downgrade in living standards due to financial hardship and disability. Money often can only ever provide partial compensation to crime victims for their hardships. Nevertheless victims of violent crimes, or their surviving family members in the case of murder, often have the right to seek financial compensation for their losses through civil legal action. How to sue as the victim of a dangerous crime depends on where the crime was committed and who was responsible for the crime. First of all, though, it is important to understand the difference between criminal and civil litigation and how each type of legal action affects the victim.

The Difference Between Civil and Criminal Legal Action

Criminal legal action is initiated by the state or governmental entities, such as the state of Florida, a county, or the federal government, against an individual suspected of committing a crime. The goal of criminal legal action is to uphold the public order and punish the perpetrator for breaking the law. Successful criminal prosecution results in the convicted criminal facing penalties, which may include incarceration, fines paid to the government, or probation.

Conversely, civil legal action for a crime involves the victim or the victim’s family acting as plaintiffs, seeking financial compensation for the losses and hardships endured due to the criminal act. Unlike criminal cases, the primary aim of civil action is not punishment but rather restitution. The plaintiffs seek to make themselves whole financially, which can include but not be limited to medical expenses, property damage, emotional distress, and loss of income.

“Unlike criminal cases, the primary aim of civil action is not punishment but rather restitution.”

While criminal cases are brought forth by the government on behalf of the public, civil cases are initiated by private individuals or entities seeking justice and redress for specific harms suffered. Importantly, a single incident can lead to both criminal and civil proceedings, with the criminal case addressing the violation of public laws and the civil case seeking to remedy the harm caused to the individual or their property.

The burden of proof for civil cases and criminal cases have one similarity and one major difference. The similarity is that the burden of proof falls on the party making the accusations. This is the government prosecutor in the case of criminal legal action and the plaintiff in the case of civil legal action. The burden of proof difference between criminal cases and civil cases is that prosecutors must prove their case “beyond a reasonable doubt” whereas the plaintiff and their lawyer must present a “preponderance of evidence” to prove their case. In other words, the evidence presented by the plaintiff must be overwhelming, but a reasonable doubt can exist and the plaintiff still win the case.

Finding a Lawyer

When faced with the aftermath of a traumatic event such as an attack, assault, drunk driving accident, or other crimes resulting in injury, plaintiffs often seek legal representation to understand the complexities of personal injury claims. Personal injury lawyers who represent plaintiffs in such cases typically operate on a “contingency fee” basis. Contingency fees refer to professional fees and costs that are only payable by the plaintiff if the case is won. If the case is lost in court, the plaintiff doesn’t pay a cent. This is convenient for most victims as those who have recently suffered from an accident or an attack may be financially vulnerable.

It’s imperative for plaintiffs to choose a personal injury lawyer with experience and a license to practice in the state where the case is likely to be heard. Experience plays a crucial role in understanding the nuances of personal injury law and managing the intricacies of the legal process effectively. Additionally, law firms with more resources are better equipped to support themselves throughout the often lengthy duration of personal injury cases, which can extend for many months or even years.

Plaintiffs should thoroughly research potential lawyers, considering factors such as their track record of success, reputation within the legal community, and client testimonials. Consultations with prospective attorneys provide an opportunity for plaintiffs to assess the lawyer’s expertise, communication style, and level of personal commitment to the case. By selecting a seasoned personal injury lawyer with ample resources and a solid reputation, plaintiffs can increase their chances of securing favorable outcomes and obtaining the compensation they deserve for their injuries and suffering.

Determining the Defendant in a Personal Injury Case

Experienced personal injury attorneys play a crucial role in determining the defendant in personal injury cases that involve a criminal element. Unlike criminal cases where the defendant is the individual accused of committing the crime, civil trials in personal injury cases often involve defendants who may not be the criminal suspect. Instead, the defendant is typically a person or organization whose negligence, malfeasance, or other failing contributed to an environment that made the crime possible.

For example, consider a scenario where an individual is assaulted in a poorly lit parking lot of a residential complex. Despite previous incidents and concerns raised by residents, the homeowners association (HOA) fails to provide adequate lighting, security personnel, secure gates, or surveillance equipment. In this case, the HOA’s negligence in maintaining a safe environment may have directly contributed to the assault. As a result, the injured individual may have grounds to sue the HOA for their personal injuries, seeking compensation for medical expenses, pain and suffering, and other damages.

Experienced personal injury attorneys can help injury victims determine who or what is at fault in cases involving criminal elements. They conduct thorough investigations into the circumstances surrounding the incident, gathering evidence, interviewing witnesses, and consulting with experts to establish liability. By analyzing factors such as property ownership, maintenance responsibilities, and duty of care, skilled attorneys can identify potential defendants and build strong cases on behalf of their clients. Ultimately, their goal is to hold negligent parties accountable and secure just compensation for the injuries and losses suffered by their clients.

South Florida Law

Personal injury cases often involve defendants with deep pockets and experienced legal representation. It’s proven that having an experienced personal injury lawyer yourself greatly increases the likelihood of a larger payout by helping you to avoid the pitfalls set by the opposing side.

South Florida Law is a Florida law firm with a strong personal injury practice. If you or a loved one has suffered from an attack or accident, experienced personal injury attorneys from South Florida Law first identify if you have a case for compensation. If you do, the firm can agree to bring you on for a contingency fee, which means you don’t pay a dime unless we win your case.

Injured in an attack or accident? Contact South Florida Law today for a free consultation at (954) 900-8885 or through our contact form.