August 10, 2022

Kentucky Civil vs Criminal Cases: What’s the Difference and Which Do I Want to Pursue?

Wondering what the difference is in Kentucky civil vs criminal cases? Concerned about which you should pursue? We can help. Have you or a loved one experienced a personal injury accident? Contact a personal injury lawyer before anything else to protect your rights. The primary difference between civil and criminal cases is the desired outcome -criminal cases pursue jail time and civil cases pursue monetary recompense. However, there are a few important differences between the two. At GSAS we are dedicated personal injury attorneys that focus on personal injury accidents. We can help ensure you take the right steps following your accident to avoid being taken advantage of.

Kentucky Civil and Criminal Cases Are on the Rise

More and more, people are going to trial or filing a lawsuit for civil and criminal cases. In 2021, the number of criminal cases filed in the state of Kentucky increased by 5.6%, and the number of civil cases increased by 11%. But what exactly is the difference between Kentucky civil vs criminal cases? And, if you’ve been injured in an accident, which case is right for you? Not to fear, we’ve broken it all down so you can work with your personal injury lawyer to receive the settlement you deserve.

Kentucky Civil vs Criminal Cases: Primary Differences

The United States Courts identifies civil cases as, “a legal dispute between two or more parties”. In general, a civil case will seek a monetary settlement to compensate the individual whose rights and property have been violated and have, as a result, experienced monetary damage. One example of civil cases is personal injury cases, such as being hit by a car or bike or being bitten by a dog. On the flip side, criminal cases have the potential to affect society on the whole by having a larger impact on the population. Murder, assault, and burglary are all examples of different criminal cases.

Other Key Differences in Kentucky Civil vs Criminal Cases: The Trial

Another difference between civil and criminal cases is lay in the courts that the cases are processed. Civil cases take place between plaintiffs or an organization. Additionally, guilt in civil cases is determined by “preponderance of evidence” or burden of proof. Essentially, in a civil case, you have to prove your proportion of fault or lack thereof. This makes it all the more important to ensure that you have a competent personal injury lawyer on your side. Your accident attorney will understand the complexities of Kentucky pure comparative fault to help you navigate the system so you can receive the settlement you deserve. Criminal cases are prosecuted by state officials and require the defendant to be “guilty between all reasonable doubt”. A criminal case can often intersect with a civil case when the victim chooses to sue the defendant for personal damages that occurred as a result of the crime. For example, although OJ Simpson was not found guilty for the murder of Nicole Brown Simpson and Ronald Goldman, he was found liable for their deaths after being sued by their families two years later for $40 million dollars.

Should I File a Criminal Case or a Civil Case?

When considering whether to file a criminal or civil case you should first ask yourself what your desired outcome is. If you believe the defendant should go to jail for the function of society to be preserved you have a criminal case. If you are seeking a settlement so that you can restore items that may have been damaged, pay medical bills, or receive wages that you lost as a result of another party’s actions, it’s a civil case. When in doubt, call our office for a free consultation where we will determine your case and best course of action. During that conversation, we’ll review the facts of your case, get to know you and your family, and determine how we can best help you get what you are owed. Every case is different, just as every family is different. We will tailor a service that best matches your needs, your goals, and your unique circumstances.

Your Lawsuit

Fortunately, many civil cases do not need to go to trial with insurance companies. Those that aren’t, go to court. Not only are the partners at Spivak and Sakelleriou skilled and experienced negotiators, but we are also trial lawyers with decades of experience between us. You can feel confident with us either in the conference room or the courthouse. Our approach is simple, we take the time to listen to every client’s unique needs. We believe that individual attention and deep empathy help empower us to get the best results for everyone that walks through our doors.

Receive Your Insurance Settlement with an Accident Attorney

Civil cases deal with insurance companies. Insurance companies and adjusters are masters at negotiation. It pays for them to pay out as little as possible and they spend a lot of time and money ensuring that they are positioned to do just that. Our accident attorneys are capable and qualified to go head to head with insurance companies to faithfully represent you while keeping your best interests at heart.

A Personal Injury Lawyer or Accident Attorney from GSAS is Here to Help

Experiencing a personal injury accident as a result of someone’s negligence can be a scary and confusing time. At Spivak & Sakellariou, we are here for you. Our expert attorneys have navigated civil court cases and have a demonstrated history of success. Still have questions? Give us a call or check out our FAQ today.

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