Criminal Cases vs. Personal Injury Lawsuits in Oklahoma: What’s the Difference?
If you were seriously injured because of another person’s negligence, carelessness, or intentional actions, you may be eligible to seek compensation through a personal injury claim or lawsuit.A personal injury case is a civil action between two parties. If the person who hurt you broke the law, a prosecutor may choose to file criminal charges against them. But these are two separate legal proceedings, and you don’t need a criminal prosecution to pursue a civil lawsuit.
Ray Maples, Rilee Harrison, and Christian Zeaman are experienced personal injury lawyers in OKC. At Maples Harrison Zeaman PLLC, we want to help you understand how criminal and civil trials work, how they can overlap, and what you need to know to protect your rights if you’ve been injured.
Civil vs Criminal Cases Under Oklahoma Law
At a basic level, the difference between civil vs criminal cases comes down to who brings the case and why.
Criminal Cases
A criminal case is brought by the State of Oklahoma. The prosecutor represents the public, not the person who was injured. The goal is to determine whether the accused committed a crime and impose punishment if they are found guilty, such as jail time, probation, fines, or license suspension.
Personal Injury Lawsuits
A personal injury lawsuit is a civil case brought by the injured individual, who is referred to as the plaintiff. Its purpose is not to punish someone with jail, but rather seek financial compensation for the harm that was caused.
This compensation may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Property damage
- Wrongful death damages in fatal cases
The Burden of Proof Is Higher for Criminal Cases
One of the most important differences between the two systems is the burden of proof, which is much higher in criminal cases.
Criminal Court: Beyond a Reasonable Doubt
In a criminal case, the prosecutor must prove guilt beyond a reasonable doubt. This is the highest legal standard in our justice system. If there is reasonable doubt, the jury must acquit.
Civil Court: Preponderance of the Evidence
In a personal injury case, the burden is lower. You must prove your case by a preponderance of the evidence. That means it’s more likely than not that the defendant caused your injuries.
You Don’t Need a Criminal Conviction to File a Personal Injury Claim
One of the most common questions we hear is: Do you need a criminal conviction for a personal injury claim success? The answer is no. You don’t need a guilty verdict, criminal charges filed, an arrest, or even an ongoing criminal case in order to move forward with a personal injury claim.
How a Criminal Case Affects a Civil Lawsuit
Even if no charges are filed, a criminal case can provide important evidence for a civil lawsuit. For example, police reports generated during a criminal investigation can become key evidence in a personal injury lawsuit. They may include:
- Officer observations
- Field sobriety results
- Witness statements
- Citations that were issued at the scene of the incident
If a person who caused your injuries was arrested for suspicion of DUI, the blood alcohol test results (BAC) can be used as evidence, even if the arrest did not result in conviction.
What If the Person Who Hurt You Is Convicted of Criminal Charges?
If the person who caused your injuries was convicted of a crime related to the incident, that outcome can significantly strengthen your civil case. While a conviction does not automatically guarantee compensation, it can provide powerful support for your injury claim.
It Supports Proof of Fault
In a civil case, you must prove that the defendant caused your injuries. If that person has already been convicted of a related crime such as DUI, assault, or vehicular manslaughter, that conviction can serve as strong evidence that they acted wrongfully.
It May Limit the Defendant’s Ability to Deny Responsibility
In some situations, a criminal conviction can prevent the defendant from arguing in civil court that they did not commit the act. This legal concept is sometimes referred to as issue preclusion or collateral estoppel. While it does not automatically win your case, it can narrow the issues that must be proven.
It Can Strengthen Settlement Negotiations
Insurance companies pay attention to criminal convictions. If the defendant has been found guilty, insurers may recognize that a civil jury is more likely to find them responsible as well. That can increase pressure to offer a fair settlement rather than risk trial.
It May Support a Case for Punitive Damages
In cases involving especially reckless or intentional conduct, such as drunk driving or violent assault, a criminal conviction may help support a claim for punitive damages. These damages are designed to punish particularly egregious behavior.
When Should I Contact a Personal Injury Lawyer?
Even if there is an ongoing criminal investigation, you’ll want to contact a personal injury attorney as soon as possible. That way, your lawyer can get the process started by:
- Preserving evidence
- Filing insurance claims
- Questioning witnesses
- Initiating a civil lawsuit
- Collecting dash cam, surveillance, and police body cam video
What Damages Can You Recover in a Civil Case?
Unlike criminal court, which focuses on punishment, civil court allows recovery for personal injury damages. These may include:
- Emergency medical care
- Surgeries and hospital stays
- Ongoing treatment and rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Wrongful death damages for surviving families
Speak With a Trusted OKC Personal Injury Attorney Today
The attorneys at Maples Harrison Zeaman PLLC have been helping people get justice in OKC since 2002, and we are ready to help you understand your legal options.
Call (405) 705-5050 to schedule your free consultation.
Frequently Asked Questions
What is the main purpose of a civil trial versus a criminal trial?
A criminal trial is designed to determine whether a person committed a crime and should face penalties such as jail time, probation, or fines. The goal is to enforce laws and protect society.
A civil trial, on the other hand, focuses on resolving disputes between individuals, businesses, or entities. Instead of punishment, the goal is usually to award compensation (money damages) or order specific actions to address harm that was caused.
Who brings the case in a civil trial versus a criminal trial?
In a criminal trial, the government brings the case. A prosecutor represents the state or federal government and files charges against the accused person.
In a civil trial, a private party, such as an individual, business, or organization, files a lawsuit against another party. The person filing the lawsuit is called the plaintiff, and the person being sued is the defendant.