The easiest way of classifying the types of law is to break it down into criminal law and civil law. California criminal law involves a prosecution of a person after he or she has been placed under arrest for violating a state or federal criminal statute. The government then brings a criminal case against that person. An attorney who is known as the prosecutor represents the government in the case against the accused who is known as the defendant.
The Prosecution’s Burden of Proof in Criminal Cases
That defendant is presumed innocent unless the government proves him or her guilty of the crime charged beyond a reasonable doubt in a trial. In the course of a prosecution, negotiations often occur between the prosecutor and the defendant’s attorney whereupon a plea agreement admitting to the crime might be entered. The defendant is then sentenced pursuant to the terms and conditions of the plea agreement.
Civil Law
A civil case might involve a wide variety of remedies for people who need to enforce private rights that aren’t criminal in nature against another person or legal entity. There is no prosecutor. The person who is bringing the civil case is known as the plaintiff or petitioner, and the person who the civil case is brought against is again the defendant. Some examples of civil cases might involve contracts, divorce, real estate litigation or even complaints against local, state or the federal government. In civil cases, each party to the action is typically represented by their own private attorney.
The Plaintiff’s Burden of Proof in Civil Cases
The burden of proof of beyond a reasonable doubt doesn’t exist in civil cases. The plaintiff need only prove the defendant guilty by a preponderance of the evidence. What that means is that the plaintiff’s version of events is more likely true than not true. As civil plaintiffs are seeking a remedy, nobody goes to jail in civil cases unless they’re held in contempt of court. That’s because the objective of nearly all civil cases is to compensate the plaintiff for any injuries and damages were suffered and return that plaintiff back to the position that he or she was originally in before the act or failure to act that was the basis for the lawsuit ever occurred.
Personal Injury Law
The law of personal injury contemplates situations where the plaintiff has been injured or even died as a result of the negligent, reckless or intentional act of another person or legal entity. A personal injury lawsuit is a civil action, but it might spin off of a criminal act that the defendant is being prosecuted for in another courtroom with another judge and jury. For example, a drunk driver disobeys a red light at an intersection and hits and seriously injuries a bicyclist who had a green light. A criminal court will handle the DUI case while a civil court will handle the personal injury case. In the criminal court, the burden of proof will be beyond a reasonable doubt, while in the civil case, the burden of proof will be a preponderance of the evidence. A prosecutor will handle the criminal case, and a private attorney will handle the personal injury case. In the civil case, damages for the bicyclist’s injuries are sought. Those damages might consist of the following:
- Past and future medical bills.
- Lost earnings or diminished earning capacity.
- Any permanent disfigurement or disability.
- Pain and suffering.
- Other substantial damages in the event of a wrongful death.
Examples of Personal Injury Cases.
Civil personal injury lawsuits can’t replace an arm, a leg or a life. Unfortunately, money is the only thing that might compensate an injured person for his or her personal injury damages. Motor vehicle accidents, slip-and-falls, trip-and-falls, construction accidents and medical malpractice consist of the most common personal injury cases that are filed in the civil courts. Like criminal cases, a settlement agreement is often entered into that disposes of the case.
If you or a family member have been injured in an accident that was the fault of another person or legal entity, you don’t necessarily want your divorce lawyer or real estate lawyer handling your case, especially if the damages are significant. Here at Maison Law, we focus our practice exclusively on the law of personal injury throughout California. You can contact us for a free consultation and case review after being injured in an accident. If we’re retained to represent you, our goal will be to pursue the maximum compensation for your damages that you deserve. Contact Maison Law right away after being injured in any accident anywhere in California.
