The Differences Between Civil and Criminal Litigation
The U.S. legal system is split into two types of litigation: civil and criminal. “Litigation” refers to the process for handling disputes through the court system.
Who Files Civil and Criminal Cases?
The first difference between civil and criminal cases involves who can file the case in court. In a civil case, a wronged party — called a “plaintiff” — files a suit accusing misconduct by a defendant. As part of the suit, the plaintiff asks the court to order the defendant to pay the plaintiff for their damages. The plaintiff may also ask the court to order the defendant to do or not do something.
Personal injury, breach of contract, and workers’ comp are common civil cases.
In a criminal case, the state (a lawyer called a prosecutor or district attorney) files the court case. The state says the defendant broke a law — such as the laws against theft or murder — and asks the court to sentence them to jail, probation, a fine, or some other punishment.
Standard of Proof in Civil and Criminal Cases
The “standard of proof” is different for civil and criminal cases. This is what a plaintiff in a civil case and the state in a criminal case must prove to a judge or jury.
In a civil case, plaintiffs simply need to convince a judge or jury by “a preponderance of evidence” that their case is stronger. This means that the judge or jury have decided that it is more likely than not that what the plaintiff says is true.
In a criminal case, the state has a much higher standard of proof. To gain a conviction in a criminal case, the state must convince a judge or jury that the defendant is guilty of a crime “beyond a reasonable doubt.”
Other Differences Between Civil and Criminal Cases
Because a criminal conviction can carry harsher punishments than civil cases, criminal defendants are offered some unique rights. Criminal defendants can seek a lawyer through a public defender’s office if they cannot afford one. Criminal defendants almost always have the option of a trial by jury. Some civil cases must be decided by a judge.
Frequently Asked Questions
1. If someone hurt me in an accident, can I sue them even if they are also facing criminal charges?
Yes, and this is one of the most common situations personal injury victims face in New York. A criminal case and a civil lawsuit are completely separate proceedings.
The state pursues the criminal case; you pursue the civil lawsuit to recover compensation for your medical bills, lost wages, and pain and suffering.
2. The person who injured me was never arrested. Can I still file a civil lawsuit?
Absolutely. You do not need a criminal arrest or conviction to file a civil lawsuit in New York.
Civil cases are about compensating victims for their losses, not punishing someone for breaking the law. If someone’s negligence caused your injury, you have the right to pursue a civil claim regardless of whether any criminal charges were ever filed.
3. What can I actually recover money for in a New York civil lawsuit?
In a New York civil lawsuit, you can recover compensation for medical expenses, future medical care, lost wages, loss of earning capacity, property damage, and pain and suffering.
In cases involving especially reckless or malicious conduct, punitive damages may also be available.
4. How long do I have to file a civil lawsuit in New York after an accident?
In most personal injury cases in New York, you have three years from the date of the injury to file a civil lawsuit.
However, there are important exceptions, cases against government entities, for example, require a Notice of Claim within just 90 days. Missing these deadlines can permanently bar you from compensation, so it’s critical to consult an attorney as soon as possible.
5. I can’t afford a lawyer for my civil case — what are my options?
Most personal injury attorneys in New York, including Greenstein & Pittari, LLP, work on a contingency fee basis, meaning you pay nothing upfront and no attorney fees unless your case results in a recovery.
Unlike criminal cases, there is no public defender system for civil matters, but the contingency fee model ensures that anyone with a valid civil claim can access experienced legal representation regardless of their financial situation.
6. What is the difference between being found “not guilty” and being found “not liable”?
These terms come from two different systems. “Not guilty” is a verdict in a criminal case, meaning the state failed to prove the defendant committed a crime beyond a reasonable doubt.
“Not liable” is a civil verdict, meaning the plaintiff did not prove their case by a preponderance of the evidence. A person can be found not guilty in criminal court and still be found liable in civil court for the same conduct; the standards of proof are completely different.