A car accident is typically a civil case. That means if you’re hurt in a crash, you have the right to file a car accident claim and seek compensation from the at-fault party and possibly your own insurance coverage. Civil car accident cases help injured individuals recover financial damages.
In some situations, a car accident can also be a criminal case. This happens when the at-fault driver broke a criminal law, like driving under the influence. In those cases, they may face both civil and criminal consequences.
If you were involved in a car accident, an Orlando car accident lawyer at DWK Law is here to help you pursue a civil case for the justice and compensation you deserve.
What is a civil case?
A civil case is a legal dispute between individuals or parties where one party seeks compensation for harm caused by another’s actions.
When it comes to car accidents, most are considered civil cases. If another driver’s negligence caused your injuries or property damage, you can file a personal injury lawsuit or insurance claim against them. These civil claims focus on making the injured person whole through financial recovery, not punishing the driver criminally.
Even if the at-fault driver didn’t break the law, you may still have a valid civil case if their careless or reckless behavior caused the crash.
When is a car accident a criminal case?
A car accident becomes a criminal case when the at-fault driver violates a criminal law. Some common examples include:
- Driving under the influence of drugs or alcohol
- Reckless or aggressive driving
- Hit-and-run accidents
- Driving without a valid license or insurance
In these situations, the state may bring criminal charges against the driver. If convicted, they could face penalties like jail time or license suspension.
But even when a driver faces criminal charges, you can still file a separate civil case to recover your losses. These are two distinct legal processes with their own standards of proof and objectives. One holds the driver accountable to the state; the other helps you recover financially.
What is the difference between criminal and civil cases?
The main difference between criminal and civil cases is who brings the case and what the outcome determines:
- Criminal cases are brought by the government (usually a district attorney) to punish a person for breaking the law.
- Civil cases are brought by individuals seeking compensation for harm they’ve suffered.
In a criminal case, the accused has to be proven guilty beyond a reasonable doubt, a very high legal standard. In a civil case, your attorney only needs to prove liability by a preponderance of the evidence, meaning it’s more likely than not that the other person caused your injuries. That’s why someone can be found not guilty in criminal court but still liable in civil court. The evidentiary standards are different.
Can you file a civil case against someone facing criminal charges?
Yes. If someone who caused your accident is also facing criminal charges, you can still file a civil claim for compensation. These cases are handled in separate courts with different judges, rules, and outcomes.
There are times when car accident cases can be tried in both civil and criminal court. For example, drunk driving accidents could prompt both civil and criminal cases. Statistics from the Florida Crash Dashboard report 225 fatalities and 205 injuries from impaired driving accidents. These drivers could face both criminal and civil accountability.
And even if the driver is acquitted in criminal court, you may still win your civil case. That’s because the burden of proof in civil court is lower and focuses on financial responsibility, not criminal guilt.
What justice can you get through a civil case?
You can get financial justice through a civil car accident lawsuit. Your attorney will calculate your economic and non-economic damages carefully and demand compensation to cover your:
- Medical bills
- Property damages
- Lost wages
- Pain and suffering
- Any other related loss or expense
Although compensation cannot erase your experience or injuries, it can secure your future, provide continued access to care, and offer opportunities to improve your recovery and quality of life, thereby easing the sense of injustice.
We can help you find a way forward
The car accident attorneys at DWK are ready to help you fight for justice. When a negligent driver causes you harm, they need to pay you back for your losses. Our law firm is client-centered and solutions-focused, and we get results. Call (407) 244-3000 or send a message to arrange your free consultation. Our accident lawyers care, and we always act in your best interests.
