If a drunk driver causes a serious crash, two very different legal proceedings may follow. The state may charge the driver criminally. The injured victim may file a civil lawsuit for damages. Each case has its own court, its own rules, and its own outcome. Understanding the distinction matters for victims trying to navigate the aftermath of an injury.
The Detailed Answer
Who Brings the Case
In a Delaware criminal case, the State of Delaware (through the Attorney General or local prosecutors) brings the charges. The victim is not a party but is often a witness. In a civil case, a private plaintiff brings the lawsuit, typically through retained counsel.
Burden of Proof
Criminal cases require proof beyond a reasonable doubt — the highest standard in American law. Civil cases generally require proof by a preponderance of the evidence, meaning more likely than not. This is why a defendant may be acquitted criminally yet still found liable civilly.
Outcomes and Remedies
Criminal convictions may result in incarceration, probation, fines paid to the state, restitution to victims, and other penalties. Civil cases result in money damages or other equitable relief. A civil judgment does not put anyone in jail.
Restitution vs. Civil Damages
Criminal restitution is limited and usually covers out-of-pocket losses like medical bills and property damage. It typically does not include pain and suffering or future damages. Civil damages may include the full range of compensable harm — economic and non-economic.
How Criminal Cases Affect Civil Cases
A criminal conviction may be admissible as evidence in a related civil case. A guilty plea to driving under the influence, for example, may strengthen a related auto accident claim. However, civil claims may proceed even without a criminal prosecution.
Different Courts
Delaware criminal cases are handled by the Court of Common Pleas, Superior Court, or Justice of the Peace Court depending on the offense. Personal injury civil cases are typically filed in Superior Court when damages exceed jurisdictional limits, or in the Court of Common Pleas for smaller cases.
What This Means for Your Case
If you were injured by someone whose conduct may also be criminal, you generally do not need to wait for the criminal case to conclude before pursuing your civil claim. The two-year statute of limitations under 10 Del. C. § 8119 keeps running regardless of criminal proceedings. Coordinating with prosecutors, however, can be helpful — and a victim has rights under the Delaware Victims’ Bill of Rights.
Related Questions
Q: Can I sue if the defendant was found not guilty?
Yes. The lower civil burden of proof means a not-guilty verdict does not prevent a civil claim.
Q: Will the at-fault driver go to jail if I sue?
No. Civil cases do not result in incarceration. Criminal charges and outcomes are separate.
Q: What if the criminal case results in restitution?
Restitution may offset some economic damages in your civil case but does not eliminate the civil claim, which may include broader categories of damages.
When to Talk to a Delaware Personal Injury Lawyer
If your injury arose from conduct that may also be criminal, do not wait for the criminal process to end before exploring your civil options. Schuster Jachetti LLP has experience handling Delaware personal injury cases, including those running parallel to criminal proceedings. Visit our attorney page or call (302) 984-1000.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.