Accidents happen, and unfortunately, personal injuries are just one of the potential consequences. Dealing with the aftermath of an injury can be stressful, complicated, and overwhelming, but knowing the difference between criminal and civil cases can be a crucial factor in getting the compensation you deserve. This article will provide a detailed explanation of the differences between criminal and civil cases in Hawaii personal injury law.
Table of Contents
Criminal Cases
Criminal cases in Hawaii personal injury law arise when a person is injured due to the criminal actions of another person. Criminal cases are typically brought by the state of Hawaii, and the prosecutor tries to prove that a crime has been committed beyond a reasonable doubt.
Key Players
The key players in criminal cases include the state of Hawaii, the prosecutor, the defendant, and the victim. The prosecutor’s primary goal is to convict the defendant of a crime, which can result in fines, probation, incarceration, or any combination of those penalties.
Compensation
In criminal cases, the victim does not receive compensation directly from the defendant. Instead, any fines that the defendant is ordered to pay may be used to compensate the victim, or the victim may file a civil lawsuit seeking damages.
Burden of Proof
The burden of proof in criminal cases is high. The prosecutor must prove that the defendant is guilty beyond a reasonable doubt, which means that there is no other logical explanation based on the evidence presented.
Civil Cases
Civil cases in Hawaii personal injury law are typically filed by the victim of an injury as a result of someone’s negligence. In civil cases, the injured person (plaintiff) sues the person or company they believe is responsible for the injury (defendant).
Key Players
The key players in civil cases include the plaintiff, the defendant, and their respective legal teams. The plaintiff’s attorney must prove that the defendant’s actions (or inaction) were the cause of their client’s injuries and that the defendant was legally responsible.
Compensation
In civil cases, the plaintiff can receive compensation from the defendant, including money for medical expenses, lost wages, pain, and suffering, and other damages. Additionally, if the defendant’s actions were intentional or malicious, the plaintiff may be awarded punitive damages, designed to punish the defendant for their behavior.
Burden of Proof
The burden of proof in civil cases is lower than in criminal cases. The plaintiff’s attorney must prove that it is more likely than not that the defendant caused the plaintiff’s injuries. This standard is often referred to as a "preponderance of the evidence."
The Statute of Limitations
Both criminal and civil cases have time limits for when they can be filed, known as the statute of limitations. In Hawaii, personal injury cases must be filed within two years from the date of the injury or the date that the injury is discovered. If the lawsuit is not filed within the statute of limitations, it can be dismissed.
Conclusion
Navigating the legal system can be a daunting task, especially if you are dealing with a personal injury. Understanding the difference between criminal and civil cases in Hawaii personal injury law can be a critical factor in getting the compensation you deserve. If you believe that you have a personal injury case, it is essential to speak with an experienced attorney to help you evaluate your options and next steps.