When you’re injured due to the negligence of someone else, it’s important to understand whether your case falls under civil or criminal law in Kansas. Although both types of cases deal with personal injury, there are notable differences in how they are handled by the legal system. This article will explore the key differences between civil and criminal personal injury cases in Kansas to help you understand what to expect.
Table of Contents
Civil Personal Injury Cases
Civil personal injury cases are filed by the injured party (plaintiff) against the party responsible for the injuries (defendant). The goal of a civil case is to obtain compensation for the damages (medical expenses, lost wages, pain and suffering, etc.) caused by the defendant’s negligence.
Burden of Proof
In a civil personal injury case, the plaintiff has the burden of proving that the defendant’s negligence caused their injuries. This means that the plaintiff must present evidence that shows it is more likely than not that the defendant’s actions caused their injuries. The standard of proof is lower in civil cases than in criminal cases.
Monetary Damages
If the plaintiff wins a civil personal injury case, they can be awarded monetary damages to cover their losses. This can include compensation for medical bills, lost wages, property damage, pain and suffering, and more. The amount of damages awarded is up to the discretion of the judge or jury.
Statute of Limitations
In Kansas, there is a two-year statute of limitations for filing a personal injury lawsuit. This means that the plaintiff has two years from the date of the injury to file a lawsuit against the defendant. If the plaintiff does not file within this timeframe, their case may be dismissed.
Criminal Personal Injury Cases
Criminal personal injury cases are filed by the government against the party responsible for the injuries. The goal of a criminal case is to punish the defendant for their actions and to deter others from committing similar offenses.
Burden of Proof
In a criminal personal injury case, the burden of proof lies with the prosecution. The prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime they are charged with. This is a higher standard of proof than in civil cases.
Criminal Charges
The defendant in a criminal personal injury case may face criminal charges such as assault, battery, or vehicular homicide. If convicted, they may face jail time, fines, probation, or other criminal penalties.
Victim Rights
The victim in a criminal personal injury case has rights that are protected by law. They have the right to be informed about the status of the case, the right to be present at court proceedings, and the right to make a statement at sentencing.
Statute of Limitations
In Kansas, there is no statute of limitations for certain criminal offenses such as murder or sexual assault. For other criminal offenses, the statute of limitations varies based on the severity of the crime.
Conclusion
Understanding the difference between civil and criminal personal injury cases in Kansas is important for anyone who has been injured due to someone else’s negligence. While civil cases are focused on obtaining compensation for damages, criminal cases are focused on punishing the defendant for their actions. If you’re unsure which type of case applies to your situation, it’s important to consult with an experienced personal injury attorney.