Victims’ Double Suit: Both a Crime and a Tort

There are two legal avenues a victim can pursue against the perpetrator of a crime. One we all know about, having seen it depicted on television from “Perry Mason” to “L.A. Law”: the criminal justice system.

We all know basically how the criminal system works. The prosecutor, representing all the people of California, tries to prove “beyond a reasonable doubt” that the defendant committed the crime. If convicted, the criminal may be sentenced to a prison term. In some cases, a criminal judge might also order restitution--the criminal is instructed to compensate the victim for his loss.

Victims of crime can also collect compensation from a government-funded victim’s fund. But there is another way a person can seek recourse or compensation for his or her injury, and that is by using the civil courts. You can sue someone on a civil basis for a crime committed against you and seek to recover damages for your pain and suffering, as well as punitive damages.

This would be considered a “tort” claim, a body of law that includes non-contractual, non-criminal legal theories. What is somewhat confusing is that a particular act, such as an assault or battery, can be both a crime and a civil tort.

The burden of proof, a phrase lawyers use to describe how much you have to prove to win, is different in a civil suit. You don’t have to win “beyond a reasonable doubt.” You just have to win by a “preponderance of the evidence.” In plain English, you have to show that what you allege to have happened is more likely than not to have happened.

Technically, then, a person could be found not guilty of a crime, say assault, but then that same person could lose a civil suit filed by the victim, assuming that there was enough evidence to satisfy a jury that the assault was more likely than not to have taken place as alleged.

It may also be easier to win a civil suit because constitutional defenses that would apply in a criminal court might not be applicable in a civil trial.

Of course, it won’t do you much good to win a civil lawsuit against someone that lawyers call “judgment proof”--someone who doesn’t have enough money or assets to pay the judgment.

Lawyers will generally take personal injury civil suits on a contingency basis, so you would not have to pay legal fees for pursuing the suit unless you win.

Victims of crime may also collect compensation up to $46,000 from a government fund to pay for medical fees, psychotherapy or lost wages. The Victims of Crime Act Fund does not provide money to compensate for property loss, such as a stolen car. For more information about how to apply, contact the Victims of Crime Resource Center, which provides information and referral services. The toll-free telephone number is 1-800-Victims. Applications can also be picked up at the district attorney’s office.

Tel-Law Inc., a free telephone information service sponsored by the San Bernardino-Riverside County Bar Assn., has a tape that describes “civil lawsuits against criminals.” Call (714) 369-3563 or (714) 824-2300 and punch in tape No. 259 to listen to the informative recorded message. The tape is based on an article by Scott Harper of the Victims Crime Resource Center. There is no charge for the service, but you must pay for any toll charges.