Civil Lawsuit vs. Criminal Case
Why crime victims can sue property owners - even if the criminal is never caught
The Key Insight
Many crime victims don't realize they have two separate legal paths: the criminal case (prosecuting the attacker) and a civil lawsuit (suing the property owner). These are completely independent - you can pursue both, and one doesn't affect the other.
Two Different Legal Processes
When you're the victim of a crime, there are two completely separate legal processes that can happen:
Criminal Case
The state prosecutor brings charges against the person who committed the crime. The goal is punishment - jail time, prison, probation.
Civil Lawsuit
You file a lawsuit against the property owner who failed to provide adequate security. The goal is compensation for your injuries and losses.
This distinction is crucial: you're not suing the criminal (who often has no money). You're suing the property owner whose negligent security allowed the crime to happen. They typically have insurance that can compensate you.
Key Differences at a Glance
| Aspect | Criminal Case | Civil Lawsuit |
|---|---|---|
| Who brings it? | State prosecutor | You (the victim) |
| Against whom? | The criminal (attacker) | The property owner |
| What's the goal? | Punishment (jail, prison) | Compensation for you |
| Standard of proof? | Beyond reasonable doubt (very high) | Preponderance of evidence (more likely than not) |
| Your role? | Witness (limited control) | Plaintiff (you make decisions) |
| Who decides? | Prosecutor decides charges, plea deals | You decide whether to settle or go to trial |
| Typical timeline? | 6 months - 2 years | 1 - 3 years |
| Cost to you? | Free (state pays) | Attorney works on contingency (no upfront cost) |
What Happens in a Criminal Case
In a criminal case, the state prosecutes the person who committed the crime. Here's what you need to know:
The Prosecutor Represents the State, Not You
The prosecutor's job is to pursue justice on behalf of society. While they consider your wishes, they make the final decisions about charges, plea deals, and trial strategy. You don't have a lawyer in the criminal case - you're a witness.
The Standard of Proof is Very High
To convict someone criminally, the prosecutor must prove guilt "beyond a reasonable doubt." This is intentionally a very high bar. Many guilty people go free because of this standard - and that's okay for criminal law, but it means victims often don't see justice through the criminal system alone.
Your Rights as a Crime Victim
Missouri law gives crime victims certain rights in the criminal process: the right to be notified of hearings, the right to be present at proceedings, the right to make a victim impact statement at sentencing, and the right to request restitution from the criminal.
Restitution is Often Uncollectable
Even if the judge orders the criminal to pay you restitution, actually collecting that money is often impossible. Criminals typically have no assets, no insurance, and may be incarcerated. This is a major reason why civil lawsuits against property owners are so important.
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What Happens in a Civil Lawsuit
A civil lawsuit is your opportunity to seek real compensation. Here's how it works:
You're in Control
Unlike the criminal case, you're the plaintiff. You hire your own attorney. You decide whether to accept a settlement or go to trial. The case is about getting compensation for YOUR injuries and losses.
You're Suing the Property Owner, Not the Criminal
This is the key insight. You're not trying to get money from the criminal (who probably has none). You're suing the gas station, apartment complex, hotel, or other property owner who failed to provide adequate security. They have insurance to pay claims.
The Standard of Proof is Lower
"Preponderance of the evidence" means you only need to show it's more likely than not (over 50%) that the property owner was negligent. This is much easier to prove than "beyond reasonable doubt."
Full Compensation is Available
Unlike criminal restitution or victim compensation programs, a civil lawsuit can recover ALL your damages: full medical expenses (past and future), lost wages, pain and suffering, emotional distress, and more.
No Upfront Cost
Premises liability attorneys work on contingency - they only get paid if you win. There are no upfront fees. The attorney's fee (typically 33-40%) comes out of your settlement or verdict, not your pocket.
Why Civil Lawsuits Matter for Crime Victims
Real Compensation
Criminal restitution and victim compensation programs have strict limits and are often uncollectable. Civil lawsuits against insured property owners can provide substantial, actually-collectible compensation.
Accountability
Civil lawsuits hold negligent property owners accountable. When they have to pay for their security failures, they're more likely to improve security and prevent future crimes.
Justice You Control
In the criminal case, you're a witness with limited input. In your civil case, you're the plaintiff. You make the decisions. This sense of control can be empowering for victims.
Independent of Criminal Outcome
Even if the criminal is never caught, never charged, or is acquitted, you can still pursue your civil case against the property owner. The cases are completely separate.
Can You Pursue Both? Yes.
You can absolutely pursue both the criminal case AND a civil lawsuit at the same time. They run on separate tracks and don't interfere with each other.
- You don't have to wait for the criminal case to finish
- The criminal case outcome doesn't determine your civil case
- Evidence from the criminal case can help your civil case
- You can also apply for victim compensation separately
What If the Criminal Isn't Caught?
This is one of the most important points: you can sue the property owner even if the criminal is never identified.
Your civil lawsuit is about the property owner's negligence, not the criminal's identity. You're proving that the property owner failed to provide adequate security and that this failure allowed the crime to happen. Who actually committed the crime is secondary.
This is especially important for victims of crimes where the attacker fled the scene, wore a mask, or was otherwise unidentified. Many successful negligent security lawsuits involve unknown attackers.
Comparing Your Compensation Options
| Source | What It Covers | Limitations |
|---|---|---|
| Criminal Restitution | Economic losses only (medical bills, lost wages) | Rarely collected; criminal usually has no money |
| Victim Compensation Program | Medical, counseling, lost wages, funeral costs | Strict caps; no pain and suffering; must meet eligibility requirements |
| Civil Lawsuit | Full damages: medical, lost wages, pain and suffering, emotional distress, future expenses | Requires proving property owner negligence; takes 1-3 years |
You can pursue all three. They're not mutually exclusive. However, there may be coordination between them (e.g., victim compensation may have subrogation rights against your civil settlement).
Frequently Asked Questions
Q1 Do I have to wait for the criminal case to finish before filing a civil lawsuit?
No. You can file your civil lawsuit while the criminal case is still pending. The two cases are completely independent. In fact, filing early helps preserve evidence. Some victims choose to wait because a criminal conviction can strengthen their civil case, but it's not required.
Q2 What if the person who hurt me goes to prison?
The criminal going to prison doesn't affect your civil lawsuit. Remember, your civil case is against the property owner, not the criminal. The criminal's incarceration actually demonstrates that a serious crime occurred, which can help your premises liability case.
Q3 Can I sue the criminal AND the property owner?
Technically yes, but practically the property owner is the better target. Criminals rarely have assets or insurance to pay a judgment. Property owners typically have liability insurance that can compensate you. Your attorney will advise on the best strategy.
Q4 What if I already received victim compensation from the state?
You can still pursue a civil lawsuit. Missouri's Crime Victims Compensation Program and civil lawsuits are separate. However, if you win your civil case, the compensation program may seek reimbursement from your settlement. Your attorney will coordinate this.
Q5 Will the criminal case evidence help my civil case?
Often, yes. Police reports, witness statements, and other evidence gathered during the criminal investigation can be valuable in your civil case. A criminal conviction (if there is one) can also be used as evidence that the crime occurred.
Q6 What if the prosecutor drops the charges or the criminal is acquitted?
It doesn't matter for your civil case. The criminal case has a much higher standard of proof (beyond reasonable doubt) than your civil case (more likely than not). Many civil cases succeed even when criminal cases fail. The O.J. Simpson case is a famous example.
Q7 Do I need the same evidence for both cases?
There's overlap, but your civil case focuses on different issues. The criminal case focuses on proving the attacker's guilt. Your civil case focuses on proving the property owner was negligent. You'll need evidence of prior crimes at the property, security failures, and your damages.
Q8 Can the property owner get in trouble criminally?
Generally, no. Property owners face civil liability (paying money damages), not criminal charges, for negligent security. Criminal charges require intentional wrongdoing. Negligence - failing to provide adequate security - is a civil matter.
Your Role in Each Type of Case
In the Criminal Case
- 1. Provide a statement to police
- 2. Cooperate with the prosecutor's investigation
- 3. Testify at trial (if the case goes to trial)
- 4. Provide a victim impact statement at sentencing
- 5. Request restitution (though collection is uncertain)
In Your Civil Lawsuit
- 1. Hire your own attorney (free consultation, contingency fee)
- 2. Provide medical records and documentation
- 3. Give a deposition (testimony under oath)
- 4. Decide whether to accept settlement offers
- 5. Testify at trial (if the case goes to trial)
Get Your Free Case Evaluation
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