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USING CIVIL LITIGATION AFTER BEING VICTIM OF A CRIME

By Daniel Finney

In crimes involving victims, many of those victims rely on the criminal law system to seek justice. Victims view the prosecutor as their advocate, which in a sense the prosecutor is, but the prosecutor actually represents the interests of the community. The prosecution does not solely advocate on behalf of the victim. While the criminal justice system can give victims some sense of closure through sentences and restitution, many times it cannot fully compensate the victims of crimes for their pain. However, plaintiff’s attorneys can help crime victims use the civil system to become fully compensated for what they have been through.

Far too often victims of crimes do not realize they can seek refuge in the civil law system. Many crimes, especially violent crimes, have corresponding torts. Assaults resulting in serious bodily injury (such as shootings, stabbings, horrific abuses, etc.) are also covered by civil battery laws. Robberies can correspond with civil assault and battery laws. The emotional damage done by crimes can also give rise to tort law claims. While the criminal justice system can offer victims restitution for out-of-pocket expenses for medical bills, that restitution is hardly enough to make a victim whole again after such a traumatic experience.

Victims of crime tend to go through tremendous amounts of emotional and physical suffering. They can lose their sense of security, suffer from depression, sleeplessness, and other emotional pains that are typical amongst victims of crimes. Some victims of crime struggle to completely reintegrate into society after their horrific experiences and can become withdrawn. Many victims seek out mental health professionals to help with the feelings they experience. This can cause a heavy financial burden for those who have been wronged.

However, utilizing the civil law system in conjunction with the criminal law system can help victims become whole again. Civil tort law provides remedies that the criminal justice system is unable to provide. By using tort laws, victims can have their interests, and solely their interests, represented by plaintiff’s attorneys. By working with plaintiff’s attorneys, victims can seek out complete justice against those who have committed crimes against them.

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