A guide for families / Chapter 6
06
The criminal case and yours
When the driver is charged with a crime, there are two separate cases.
| Criminal case | Family’s civil claim | |
|---|---|---|
| Brought by | The prosecutor (the State) | The family, through their lawyer |
| Purpose | Punishment | Compensation |
| Proof required | Beyond a reasonable doubt | Preponderance of the evidence |
Victims' rights
Families of victims have rights in the criminal process, including being notified and being heard at certain stages.
Drunk or impaired drivers
When a driver was impaired, the civil claim may also seek damages meant to punish, and in some limited cases a business that served alcohol may share responsibility.
The civil claim doesn’t have to wait for the criminal case to end, but the two often affect each other. We coordinate with the prosecutor’s office when it helps.
When you’re ready to talk, we’ll listen.
Free, confidential conversation with Talal Perez Ghosheh. No pressure.