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Victims of Crime
What is Victims of Crime?
A victim of a crime has several options to recover compensation for their losses under the law. In some cases, victims may: file a civil lawsuit against the perpetrator for money damages; seek compensation from the California Victim Compensation Board ("CalVCP") (for violent crime victims and their families); apply for domestic violence leave from work; and/or seek restitution from the California criminal court (if the perpetrator is convicted or pleads guilty).
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One approach does not have to be chosen over another for victims. All of the remedies are available to them. CalVCP payments are the most restrictive of the three. There are advantages and disadvantages to both civil lawsuits and restitution for victims. Here is a summary (and more details follow):
You can sue or obtain restitution for any crime. It is a faster remedy in theory, since it is ordered by the court when the defendant is sentenced. The condition is that the defendant must have been found guilty.
Civil Law Suits
There is no requirement for a conviction in a civil lawsuit. An accusation of a crime is not even necessary. In addition to the defendant, there may be other parties named in the lawsuit. A ride-sharing company failed to complete a legally required background check; a building owner failed to provide adequate lighting in its parking garage; a nightclub failed to provide security; a security company failed to properly train its guards; a hospital is held liable for a sexual assault committed by a physician; a university is held liable under title 9 for failing to prevent sexual assaults on campus.
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Victims of crime file civil lawsuits for a variety of reasons, including assault and battery suits, assault and battery suits, sexual assault suits, lawsuits when a coworker assaults them, nursing home suits, stalking suits, and domestic violence suits.
Criminal Trials v. Civil Trials
Trials for crimes have the following purposes: to determine guilt of the accused and, if the accused is convicted, to impose an appropriate punishment.
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Criminal trials do not involve the victim. The victim can have their wishes taken into account, but cannot control the prosecution. District attorneys decide whether to file charges or accept a plea deal. On the other hand, a civil lawsuit seeks to make the victim (or sometimes the victim's family) as whole as possible. Victims and/or their families are compensated for losses including medical bills, lost wages, lost earning capacity, pain and suffering, loss of consortium, and/or wrongful death.
Civil Damages V. Restitution
The process for obtaining restitution is very different from the process for obtaining damages in a civil case. A beneficiary submits a bill to the prosecution in a criminal case. Prosecutors present the figures to both the defense and court. It is ultimately up to the judge to determine the amount of victim restitution. On the other hand, in a civil case, the victim must present the case and prove liability and damages. In many cases, this can take time. A trial or an appeal can sometimes delay a final resolution for years.
Restitution to criminal victims, on the other hand, is typically ordered at the time of - or shortly after - a defendant's sentencing. A defendant has a constitutional right to a speedy trial. Restitution can, therefore, be obtained faster than damages in a California lawsuit, at least in theory.
Cost Seek Restitution Or File A Civil Lawsuit
The application for victim restitution in a criminal case is free of charge. Prosecutors are paid by the government to submit bills. An attorney is almost always required for a civil lawsuit, however. Lawyers often charge contingency fees for civil lawsuits. Attorneys usually charge 30 to 40% of the total amount they recover from a lawsuit.
Nevertheless, a civil suit may still result in a larger award than restitution. A civil court may award punitive damages as well as pain and suffering. Additionally, many attorneys (including us) don't get paid unless the victim wins at trial or settles out of court. To collect a civil judgment or criminal restitution order, a victim may need the assistance of a private lawyer. If a judgment is unpaid, plaintiffs are entitled to interest. In addition, the judgment may be amended.
A restitution amount may include collection costs. You can find out a defendant's assets and determine the best way to collect then from them with the help of your California injury lawyer.
Not Guilty Verdict
Even if a defendant is found not guilty of a crime, he or she can still be held liable in a civil lawsuit. The most notable example is O.J. Simpson, who was acquitted of murdering his wife Nicole Brown and her friend Ronald Goldman in 1994. Simpson was later sued for wrongful death by the families of the victims. An $8 million verdict was reached against Simpson. Punitive damages of $25 million were added by the judge. Despite being found "not guilty" at trial, Simpson was ordered to pay $33 million in damages. Moreover, even if Simpson had not been charged, the families could have pursued a lawsuit.
However, it is still a good idea for victims of crimes to report them to the police in most circumstances. There may be evidence uncovered in a police investigation that can be used as evidence in a civil trial.
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Moreover, a conviction for certain serious felony crimes can serve as a basis for a lawsuit if a prosecutor does achieve it.
The Standard Of Proof In A Civil Lawsuit
There is a significant difference between civil and criminal trials in terms of the burden of proof. In a criminal trial, the defendant must be proven guilty "beyond a reasonable doubt." But in a civil trial, liability is determined by a "preponderance of the evidence." This simply means that the jury believes it is more likely than not that the defendant did what the plaintiff claims.
A criminal trial requires all 12 jurors to agree on the defendant's guilt. A jury need only find the defendant liable nine times out of twelve for the victim to receive damages in a civil lawsuit.
A Victim Can Sue For
A lawsuit can be filed for almost any type of crime. A successful lawsuit based on a criminal act depends on two factors: whether the victim was injured and whether the defendant (or other liable party) has enough assets to compensate the victim.
However, certain crimes lend themselves particularly well to civil lawsuits. There are many classes of crimes that may be charged today, including (but not limited to) rape, robbery, sex trafficking, sexual assault, stalking, terrorism, vehicular manslaughter or homicide, as well as domestic or elder abuse, dui with injury, child abuse, and financial fraud.
Suing For Crime
A crime can only be sued by the victim. A lawsuit can, however, also be brought by a family member. The most likely family members to prevail are spouses, registered domestic partners, and children of the victim. A family member must have suffered emotional harm, loss of consortium (moral support, sex, companionship), financial loss, wrongful death, or a survival action by the victim's estate in order to bring a lawsuit.
Even if they don't have a legal basis for suing, families of violent crime survivors may be able to receive financial assistance through the CalVCP program.
Civil Liability For Crime
California holds anyone responsible for damages caused by negligence when they violate a duty of care. Thus, a crime victim's damages may be legally recoverable from someone other than the perpetrator. A potential employer, for example, may be legally required to conduct a background check. Sexual harassment complaints may also be on their radar. Under California law, if the employer fails to take appropriate action, the employer may be liable for negligent hiring, retention, or supervision of an employee.
Under California's premises liability laws, a hotel or restaurant may have violated a duty of care to keep property safe. The company may be liable if someone becomes a victim of a crime due to broken doors, cameras, or similar hazards.
Among the situations in which someone other than the perpetrator is accountable are (but are not limited to): A sexual assault occurs in a poorly lit parking lot; A concert bouncer physically assaults someone he thinks is trying to sneak in; A ride-sharing driver with a recent DUI conviction drives drunk and kills someone; A school district ignores complaints about a teacher who abuses a child.
General Statute Of Limitations For Personal Injury Lawsuits
In most California personal injury cases, the statute of limitations is two years. Assault, battery, and wrongful death claims are subject to this two-year timeframe. Criminal victims often have a shorter or longer period to sue.
Childhood Sexual Assault Or Abuse
According to California's "statute of limitations," victims of childhood sexual abuse can bring a suit against the perpetrators until they are 26 years old. California also has a "delayed discovery" rule that can give victims of childhood sexual abuse and assault more time to file a lawsuit. According to the delayed discovery rule, a victim can sue for childhood sexual abuse for up to three years after: discovering that a psychological injury or illness that started in adulthood was, in fact, caused by childhood sexual abuse, or discovering that such an injury or illness reasonably should have been caused by childhood sexual abuse.
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f there is a valid reason why the plaintiff could not have discovered the harm sooner, the mental health professional must examine the victim and provide the plaintiff with a certificate. As an example, in the case above, a psychologist might state that Janine's symptoms didn't appear until she moved into a dorm with many older teenage boys. After the victim's lawyer reviews the case, he or she will review, to the extent available, the victim's statement, the police report, and the findings of the mental health professional.
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Once the lawyer has deemed the case meritorious, he or she will sign a certificate.
It may take some time to get the certification since the mental health professional must examine the plaintiff and the lawyer must review his or her findings.
Victims over the age of 26 must, therefore, act immediately. As soon as they suspect California's "delayed discovery" rule may apply, they should contact an experienced California injury lawyer.
Domestic Violence
California's statute of limitations for civil domestic violence lawsuits is three years from the date of either: The last act of violence against the plaintiff by the defendant, or The date on which the plaintiff discovers - or reasonably should have discovered - that an injury or illness is the result of domestic violence.
False Imprisonment
As both a crime and a civil tort, false imprisonment is a crime in California. Depriving another person of liberty without moving them is when someone locks someone in a room and denies them the right to leave.
In cases of domestic violence, false imprisonment often (but not always) occurs. The statute of limitations is much shorter - one year from the time of the false imprisonment.
Theft
The statute of limitations for civil claims for theft in California is generally three years. The limitation period increases to six years, however, if the claim is against a museum, gallery, or auction house for the theft of fine art.
Convictions
If the DA files criminal charges and the defendant is convicted, victims of a felony crime may have a longer period in which to sue. When a victim (or their family) is convicted, they have one year to file a lawsuit, or – in cases of serious felonies (such as murder or rape) – ten years from when the defendant is released from parole.
Due to the uncertainty of whether or when a conviction will occur, victims of crime may wish to file a lawsuit within the 2-year statute of limitations. A victim whose case would otherwise be time-barred can use the felony rule in order to extend the deadline.
Whether you are still entitled to sue can be determined by an experienced California injury lawyer. Depending on the circumstances, you may choose to wait until a criminal trial has concluded or to proceed without a conviction.
Claims Against The Government
For claims of negligence against the government, there is a short statute of limitations and very specific administrative procedures that must be followed before a lawsuit can be filed.
The "presentation of a claim" (written notice) must usually be made within six months of the wrongful act - although in some cases victims can have up to one year.8
If victims wish to hold government agencies accountable for crimes, they should contact a lawyer right away to avoid their claims becoming time-barred.
The Civil Court Process
Most crime victims who wish to file a civil lawsuit must first find a personal injury lawyer who is willing to handle the case. Personal injury lawyers with backgrounds in criminal defense or prosecution can be a great asset, but they are not required. Lawyers usually begin by taking statements from victims and reviewing police records and criminal court proceedings (if any).
Once charges are filed, the case will usually proceed as follows: 1. A complaint is filed with the court. 2. Discovery is conducted by the parties through: Requesting documents from the other side; Interrogatories (in which the other side must answer questions); and Deposing the perpetrator and other witnesses. 3. Pre-trial motions are filed by the attorneys (such as motions to compel discovery). 4. The jury is selected. 5. Trial. 6. Damages phase (if conducted separately). 7. The court issues a judgment. 8. The plaintiff tries to collect the debt if the defendant has been found liable.
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No Payment For Judgment
A plaintiff might need to go back to court to get assistance if the defendant fails to pay the judgment. Courts can help plaintiffs collect on judgments in several ways, including (but not limited to) garnishing salaries; placing liens on bank accounts; forcing the sale of real estate; or imposing sanctions (such as suspension of a license), which may incentivize a defendant to pay.
There is a ten-year legal deadline for California judgments, and they can be renewed every ten years thereafter. Prior to the end of each 10-year period, they must be renewed.
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