In Civil Court Criminal Defendant Can Also Be Liable For Victims’ Claim for Personal Injuries

Civil claims and financial assistance after a crime

An incident can give rise to a criminal prosecution and a separate civil claim. The government prosecutes criminal charges. A civil action focuses on legal responsibility and available relief, and the claimant must establish the elements of the claim.

A criminal case does not automatically establish a civil recovery. Different procedures, evidence rules and burdens of proof may apply. Before assuming compensation is available, review the claim, applicable deadlines, possible defendants and practical sources of payment.

Criminal restitution is also distinct from a civil damages award. A restitution order in a criminal case addresses losses under the applicable criminal-law provisions. Its scope and collection should be reviewed rather than treated as a substitute for every possible civil claim.

Georgia’s Crime Victims Compensation Program may assist eligible victims with specified expenses and losses. It has its own application rules and limits. Assistance is not automatic, and it is not a general award for every type of harm.

Attorney Ned Ogueri can discuss whether the issue calls for a civil claim review and help identify questions to raise with the relevant victim-assistance office. Coordinate any parallel processes so their deadlines and requirements are considered separately.