Assault is a criminal offense that can lead to serious and lifelong physical and emotional injuries to the victim. The criminal justice system is designed to prosecute offenders and punish them accordingly. However, many victims of assault want more than just criminal justice. They also want to recover damages from the offender who caused their injuries.
But what happens when the offender is found “not guilty” in criminal court? Can you still sue them in civil court? If your attacker was found not guilty in their criminal case and you want to pursue a civil claim against them, consult with our assault lawyer at Cameron Law. Our lawyer can explain the options available to you to ensure that you are fairly compensated for the pain and harm you have endured.
The Burden of Proof in Civil Cases
In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This means that the evidence presented in court must be so strong that there is no reasonable doubt in the minds of the jurors. However, in civil cases, the burden of proof is much lower. The plaintiff must prove their arguments by a preponderance of the evidence, according to the Legal Information Institute. This means that they must show that it is more likely than not that the defendant committed the offense. In other words, the plaintiff must prove that there is a greater than 50% chance that the defendant committed the offense.
Can You Sue Your Offender for Assault if They Were Found ‘Not Guilty’?
Yes, you can sue your offender for assault in civil court even if they were found “not guilty” in criminal court. This is because the burden of proof in civil cases is much lower than in criminal cases. As a result, there is a greater chance that the plaintiff can prove their case and recover damages from the offender. In addition, the rules of evidence are much more relaxed in civil cases, which means that the plaintiff may be able to present evidence that was not admissible in criminal court.
Damages You Can Recover When Suing the Offender in a Civil Claim:
If you decide to sue your offender for assault in civil court, you may be able to recover a variety of damages, including:
- Medical expenses – if you incurred medical expenses as a result of the assault, you can recover the cost of those expenses.
- Lost wages – if you were unable to work as a result of the assault, you can recover the wages you lost.
- Pain and suffering – if you experienced physical or emotional pain and suffering as a result of the assault, you can recover damages for these losses.
- Punitive damages – in some cases, the court may award punitive damages to punish the offender for their conduct.
Speak with a lawyer to determine what types of damages are available in your case and get an estimation of how much your case is worth.
