What Is The Difference Between A Criminal And Civil Case For A DWI Wreck?
What Is The Difference Between A Criminal And Civil Case For A DWI Wreck?
DWI refers to “driving while intoxicated” or “driving while impaired.” DWI and DUI are synonymous in certain areas, but in others, the term could indicate a more serious infraction or a higher degree of impairment. In Virginia, it is possible to file a criminal case and a civil action simultaneously. The two different types of situations have separate functions.
Criminal Case Versus Civil Case
Criminal charges are an important part of the judicial system, but they do nothing to compensate their victims or to make up for their losses.
This is where civil cases come in. Civil cases are brought by victims or the families of victims against people or companies whose negligence or behavior caused physical, financial or other damages, as opposed to criminal cases, which are brought by the government against victims suspected of crimes.
Victims of drunk driving accidents have the right to file personal injury lawsuits in civil court to pursue monetary damages for losses like medical costs, property damage, lost wages, and even the loss of earning capacity if the injuries sustained in the collision are anticipated to have long-term effects on earning potential. Additionally, victims may seek compensation for other losses that are more difficult to measure, such as lost quality of life, mental and emotional agony, physical pain and suffering, scarring or disfigurement.
Civil Case Versus Criminal Case When It Comes To A DWI Wreck
Generally, the purpose, those involved, burden of proof, and potential outcomes differ between a criminal case and a civil case.
- A criminal case aims to establish the accused’s guilt or innocence in relation to a crime. Punishment and preserving society are its primary concerns. A civil case is intended to settle disagreements between parties, typically requiring payment for injuries or damages. It seeks to offer the victim relief or compensation.
- Parties Involved. The state or government (prosecution) and the person being charged (defendant) are the parties involved in a criminal case. Meanwhile, the harmed party (plaintiff) and the one accused of causing the damages (defendant) are normally the parties in a civil action.
- Burden Of Proof. The prosecution must establish the defendant’s guilt with a high degree of confidence since the burden of proof in criminal cases is “beyond a reasonable doubt.” On the other hand, the plaintiff must establish that there is a greater probability that the defendant is to blame for the injuries or damages in a civil lawsuit, where the burden of proof is typically lower and is frequently referred to as the “preponderance of the evidence.”
- Potential Outcomes. Depending on the gravity of the offense and the applicable laws, the defendant may be subject to fines, probation, community service, license suspension or even imprisonment if proven guilty in a criminal prosecution. If the defendant proves responsible for the damages in a legal action, they may have to pay the affected party money. This compensation can be used to pay for lost wages, pain and suffering, medical bills, property damage or other related expenditures.
Need Help Filing A Claim For A DWI Case?
If you or a loved one has been severely injured, don’t delay – call (800) 529-0804 right now for a free consultation with an expert car accident lawyer. When dealing with a stressful situation, you need a knowledgeable personal injury team to guide you through the recovery process. Contact Tatum & Atkinson, PLLC right away! There is no obligation, and it will not cost you anything to learn about your legal possibilities for pursuing compensation.