Tort Versus Criminal Cases

Tort Versus Criminal Cases

Accident Attorney Colorado - Tort Versus Criminal Cases

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In the U.S. System of justice there are two main bodies of laws that govern the conduct of the American citizens; these are the civil law and the criminal law.

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Accident Attorney Colorado

In civil law, the urgency falls on the private entity, whether a person or a business. Civil law mainly deals with the cases when one party fails to respect the terms of a legal contract and the cases when a tort is committed by an entity to other party. The term tort is an old French word, literary meaning "wrong". So, a tort case happens when person commits a wrongdoing that affects the physical, emotional, or financial integrity of other party. Basically, all civil suits which aim to accumulate a financial or other form of payment for the victim of a wrongdoing is a tort case.

On the other hand, the criminal law aims to protect the community as a whole rather than the individual. Crimes influence not only private victims, but also the very structure of our society; therefore criminal law is enforced by the State through its legal representatives. When a burglary happens, the victim doesn't need to file a lawsuit as it happens in criminal law, the state will do it on the victim's behalf.

Sometimes the boundary in the middle of the civil and criminal law is blurred. Here is an example: In Denver, Colorado, a drunk driver smashes his car into other car and causes an injury to the driver. After investigation, criminal charges are brought against the perpetrator that ultimately concludes with the sentencing of the defendant to two years of imprisonment. But, the victim of the urgency can enlist the services of a Denver injury law firm in order to accumulate payment from the perpetrator, to cover for the curative expenditures and for the emotional distress. The injury law firm in Denver will act according to the state and federal laws and file a suit against the author of the tort, in a civil court. Therefore, the drunk driver will be tried twice for the same misconduct, once in the criminal System and once in the civil system.

Torts often rely on less evidence to be approved by the jury in order for the plaintiff to win the suit. This happens because in civil law, the judgment is made based on the preponderance of evidence principle. This means that the Denver law firm representing the plaintiff only needs to yield in court more evidence that the tort occurred than the attorney of the defendant produces. The tort System contrasts in this matter with criminal justice, where, to assert a defendant as guilty, the jury needs to have proof beyond reasonable doubt that the defendant is guilty of the charge.

In our example it is inherent that, for varied reasons, the criminal charges are dropped against the drunk driver. Nevertheless, this wouldn't preclude the victim of the urgency to ask the law firm in Denver to bring the case in front of a civil court. In the civil System less proof is essential for a sentence to be obtained against the defendant, there are numerous cases when plaintiffs win a tort case, despite the perpetrator being found not guilty in a criminal court.

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