When a person becomes the victim of a crime, the criminal justice system often takes center stage. The prosecution of the perpetrator, sentencing, and possible imprisonment are the usual legal consequences. However, many crime victims may not realize is that they also have another, legitimate and important legal avenue to seek justice and compensation through a civil lawsuit.

What is a Civil Lawsuit for Crime Victims?
A civil lawsuit is a legal action taken by a crime victim against the perpetrator or other
responsible parties. Unlike criminal cases, which are prosecuted by the state to punish
wrongdoing, civil cases allow victims to hold institutions accountable for the negligence in
hiring and supervising the perpetrator, as well as other negligent acts, and seek monetary
damages for the harm they have suffered. These lawsuits are separate from the criminal
proceedings and operate under different standards of proof.

Key Differences Between Criminal and Civil Cases
 Burden of Proof: In a criminal case, the prosecution must prove guilt "beyond a
reasonable doubt," which is a high standard. In a civil case, the burden is lower and is a preponderance of the evidence; meaning it is more likely than not that the
defendant was negligent.
 Purpose: Criminal cases focus on punishing the offender and protecting the public,
while civil cases aim to compensate the victim for damages suffered.
 Control Over the Case: In a criminal case, the government decides whether to
prosecute, and the victim has limited control over the proceedings. In a civil case, the
victim initiates the lawsuit and has greater control over the legal strategy and
settlement negotiations.

Who Can Be Held Liable in a Civil Lawsuit?
Crime victims can file civil lawsuits against a variety of parties, including:
1. The Perpetrator – Even if the offender is not convicted in criminal court, they can still
be held financially liable in a civil lawsuit.
2. Third Parties – Other individuals or entities may be partially responsible for the crime.
For example:
o A property owner who failed to provide adequate security in a high-crime area.
o An employer who negligently hired or retained a dangerous employee.
o A business that overserved alcohol to an intoxicated individual who later
committed an assault or drunk driving incident.

Types of Damages Available
Victims who successfully bring a civil lawsuit may be awarded various types of damages,
including:
 Medical expenses: Compensation for past and future bills including hospital bills,
therapy, and ongoing treatment.

 Lost wages: Reimbursement for income lost due to injuries or trauma.
 Pain and suffering: Compensation for emotional distress, trauma, and diminished
quality of life.

Famous Examples of Civil Lawsuits by Crime Victims
Some high-profile cases have demonstrated the power of civil lawsuits for crime victims:
 The O.J. Simpson Case: Although O.J. Simpson was acquitted of murder charges in
criminal court, the families of Nicole Brown Simpson and Ron Goldman sued him in
civil court for wrongful death and won a $33.5 million judgment.
 Jeffrey Epstein’s Victims: Many survivors of Epstein’s abuse pursued civil lawsuits
against his estate, obtaining compensation for the harm they suffered.
Challenges and Considerations
While civil lawsuits offer a path to justice, they come with challenges:
 Collecting Damages: Even if a victim wins the lawsuit, the defendant may not have
the assets to pay the judgment.
 Legal Costs: Pursuing civil litigation can be expensive, but many attorneys, like the
attorneys at O’Brien Law, take these cases on a contingency basis, meaning they only
get paid if the victim wins.
 Emotional Toll: Reliving the trauma in court can be difficult, but for many victims, the
pursuit of justice is worth the challenge.

Conclusion
Crime victims should know that the criminal justice system is not their only option for justice. Civil lawsuits provide an avenue to hold perpetrators and negligent parties accountable while securing financial compensation for the harm endured. If you or someone you know is a crime victim, consulting with an attorney experienced in victim rights can be a crucial step toward seeking justice and closure.