The Differences Between Civil and Criminal Litigation
If you’ve been involved in an accident, dispute, or legal issue in the United States, it’s important to know 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.
Both types of cases go through the court system, but they have different goals. Civil litigation aims to compensate victims for harm, while criminal litigation punishes people who break the law.
Understanding how these two systems work can help you know your rights, what might happen next, and whether you could receive compensation, face penalties, or both.
Statute of Limitations: Civil vs Criminal Cases in New York
Understanding the statute of limitations is critical when comparing civil and criminal litigation.
While both systems involve deadlines, the rules, exceptions, and consequences differ significantly depending on the type of case.
In civil cases, deadlines are strictly enforced and missing them can permanently bar you from recovering compensation. In criminal cases, however, certain timelines may be paused or extended depending on how the case unfolds.
| Aspect | Civil Cases | Criminal Cases |
|---|---|---|
| Purpose | To recover compensation for damages such as injuries, financial losses, or wrongful death. | To prosecute individuals accused of violating the law and impose penalties like fines or imprisonment. |
| Who Files the Case | An individual or entity (plaintiff). | The state or government prosecutor. |
| Statute of Limitations | Strict deadline to file a lawsuit. Missing it usually results in dismissal, regardless of case strength. | Time limit for the state to file charges, but may be paused (tolled) under certain conditions. |
| Flexibility of Timeline | Generally rigid with very limited exceptions. | More flexible due to tolling rules (e.g., pending charges or unavailable defendant). |
| Impact of Missing Deadline | Case is almost always dismissed, losing the right to compensation. | Charges may be barred, preventing prosecution. |
| When Both Apply | Victims may file for compensation even if a criminal case is ongoing. | Criminal proceedings may run separately but can influence civil claims. |
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.
Why These Deadlines Matter in Real Cases
The timelines for civil and criminal cases can have a big impact on your legal approach. In civil cases, it is important to act fast since evidence might get lost, witnesses can be harder to find, and strict deadlines mean you do not have much time to wait.
On the other hand, the state manages criminal cases, and their timelines can change depending on how the investigation or prosecution moves forward.
Still, victims should not depend only on the criminal process to protect their right to compensation.
For instance, if you are hurt in an accident caused by someone’s reckless or illegal actions, you might be able to file a civil lawsuit even while the criminal case is still happening.
If you wait too long, you could lose your chance to get compensation, even if the other person is found guilty in criminal court
Can the Same Case Be Both Civil and Criminal?
Yes, the same incident can result in both a civil lawsuit and a criminal case. This happens more often than many people think. The main difference is who starts the case and what they hope to accomplish.
In a criminal case, the government charges someone with breaking the law and seeks penalties like jail, probation, or fines. In a civil case, the injured person, called the plaintiff, sues to get money for things like medical bills, lost wages, and pain and suffering.
| Key Aspect | Criminal Case | Civil Case |
|---|---|---|
| Who Starts the Case | The government (state prosecutor). | The injured person (plaintiff). |
| Purpose | To punish wrongdoing through penalties like jail, probation, or fines. | To recover financial compensation for damages like medical bills, lost wages, and pain and suffering. |
| Can They Happen Together? | Yes. The state can file charges based on the incident. | Yes. The victim can file a lawsuit separately for compensation. |
| Examples | DUI, assault, or reckless conduct leading to criminal charges. | Personal injury or wrongful death claims from the same event. |
| Standard of Proof | Beyond a reasonable doubt (higher standard). | Preponderance of the evidence (lower standard). |
| Do Outcomes Affect Each Other? | A not guilty verdict does not prevent civil liability. | You can still win compensation even if criminal charges fail. |
| Timeline Considerations | Follows its own timeline based on criminal law. | Strict deadlines apply—waiting for a criminal case can risk losing your claim. |
How Both Cases Can Happen at the Same Time
One event, like a drunk driving crash, assault, or serious negligence, can lead to both types of cases:
- The state files criminal charges against the defendant
- The victim files a civil lawsuit for financial compensation
These cases are handled on their own, often in different courts, and each follows its own rules and timelines.
Do the Outcomes Affect Each Other?
Not always. Since the standard of proof is different, what happens in one case does not automatically decide what happens in the other.
A defendant can be found not guilty in criminal court (due to lack of proof beyond a reasonable doubt)
But still be found liable in civil court (where the burden of proof is lower)
That’s why many victims still file civil claims, even if criminal charges are dropped or fail.
Why This Matters for Victims
If you have been hurt because of someone else’s actions, remember that you do not have to depend on the criminal justice system to get compensation. Your civil case stands on its own and is focused on your financial and personal recovery.
However, timing is very important. Civil cases have strict deadlines, and waiting for a criminal case to end could put your claim in danger.
Talking to a lawyer early helps you protect your rights in both types of cases.
In Summary
Understanding the differences between civil and criminal litigation is essential if you’ve been involved in an accident or legal dispute.
Civil cases are meant to help victims get compensation for their losses. In contrast, criminal cases are started by the state to punish illegal actions.
Sometimes, one event can result in both a civil lawsuit and a criminal case. Each type of case has its own rules, deadlines, and standards for proving what happened.
In New York, there are strict time limits for filing civil claims. If you miss important deadlines, especially when dealing with government agencies, you may lose your chance to get compensation.
How strong your case is depends on the evidence you have, how quickly you respond, and whether you know how civil and criminal cases can affect each other.
Greenstein & Pittari, LLP provides experienced legal guidance to help you navigate these complexities and protect your rights.
We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Call 1-800-VICTIM2 today for a free consultation.
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.
7. Can the same case be both civil and criminal in New York?
Yes, the same incident can result in both a civil lawsuit and a criminal case in New York. The state prosecutes the criminal case to punish wrongdoing, while the injured victim files a civil claim to recover compensation for damages like medical bills, lost wages, and pain and suffering.
8. Can criminal proceedings affect the deadline for filing a civil lawsuit?
Yes, in some cases, criminal proceedings can affect civil deadlines. The statute of limitations may be “tolled” or paused while criminal charges are pending. This can extend the time victims have to file a civil lawsuit, but the rules are complex and depend on the specific case.