Even if you understand the meaning behind legal language like “objection” and “overruled,” it can be difficult to tell civil lawsuits and criminal cases apart. Fortunately, telling the difference between the two is fairly simple once you know the basics.

The attorneys at Goicoechea, DiGrazia, Coyle & Stanton in Elko, NV, are here to discuss the basic differences between civil lawsuits and criminal cases.

Civil Lawsuits

If two people are sitting in a courtroom arguing over the same thing, it’s most likely a civil lawsuit. In these types of cases, you have two parties: the plaintiff (the person who filed the complaint in court) and the defendant (the person who is defending themselves in court). You can file a civil lawsuit anytime someone has wronged you.

Here are some reasons why someone might file a civil lawsuit:

• Two cars collide at an intersection and both drivers claim they had a green light.  
• Two construction companies sign a contract to build a house together. The building is destroyed in a fire before it is finished and neither company wants to pay for the loss.   

In a civil lawsuit, the court serves as an impartial fact finder. Both parties agree to abide by the court’s decision and the court can require either the plaintiff or the defendant to pay damages if they are at fault. A guilty defendant cannot be sentenced to jail from a civil lawsuit.

Criminal Cases

If one person is sitting across from a government employee, you are likely looking at a criminal case. In these types of cases, a government entity (typically, a prosecutor) brings a criminal charge against a defendant.

Two reasons why a prosecutor might file a criminal case are:

• A woman is murdered, and evidence suggests that the defendant killed her.
• An undercover detective catches a man selling drugs.

In criminal cases, the victims of a crime do not file a complaint in court (although they may be called to testify during the trial). Instead, the government files the case because the defendant has broken the law. Punishments for criminal cases can include fines, prison time, probation, and possibly the death sentence.

For help filing a civil lawsuit, contact the civil litigation attorneys at Goicoechea, DiGrazia, Coyle & Stanton (775) 738-8091 or visit their website to schedule a consultation.