In a civil suit, the attorney represents the victim’s interests and the victim has greater control in case decision-making than in a criminal prosecution. While the prosecutor and judge have final control over the direction of a criminal case, the victim has final control in a civil case. This control can be empowering for many victims.
Although the civil case may be delayed until after the resolution of the criminal case, victims considering filing a civil lawsuit should consult an attorney as soon as possible after the crime to prevent missing strict filing deadlines. For more information about when to file a civil lawsuit, click on Filing Deadlines. Sometimes there are wit-
nesses or other evidence that can help prove the civil case that may not be necessary to prove the criminal case. Consultation with an attorney soon after the crime ensures that this evidence is gathered and preserved for future use in a civil lawsuit. Some civil attorneys have extensive previous experience as criminal prosecutors, which can be very helpful if there is also a criminal prosecution. For more information about finding an attorney, click on Initiating a Lawsuit.
If a victim hires an attorney, she should gather any documents that help support her claims, such as medical records, photographs, repair estimates, and insurance records. By law, all private conversations with the attorney are confidential. The victim must also be prepared to assist the attorney by answering interrogatories (a series of written questions) and requests for documents, and attending interviews with mental health and other experts which may be necessary to help prove that the crime was committed and the defendant is legally responsible for the resulting damages to the victim. Finally, although most civil lawsuits are resolved without a trial, victims must be prepared to testify at depositions (pre-trial testimony) and at trial. It is often the victim’s readiness to testify, and the credibility of that testimony, that leads to a settlement between the parties without having to go to trial. For further information about interrogatories, requests for documents, depositions and trial, click on Stages of a Lawsuit.
The information in this website does not constitute legal advice. Merely viewing the site is not intended to establish an attorney-client relationship. You should consult an attorney to fully understand your rights. For a preliminary case evaluation at no cost, please click here.
