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If you have been injured by a defendant who has also been charged with a criminal violation of law, then Florida law may still entitle you to recover damages as compensation for your injuries, even if the defendant wins their criminal case. 

The much-covered O.J. Simpson murder case is a particularly famous example of this phenomenon.  In that case, the defendant — O.J. Simpson — was found “not guilty” of the murder of his ex-wife, Nicole Brown, and Ronald Goldman.  The Goldman and Brown families then sued O.J. Simpson in civil court to recover damages for wrongful death and battery.  O.J. was found civilly liable for $33.5 million in damages as a result, despite being found “not guilty” of murder in his criminal case. 

Many potential plaintiffs mistakenly believe that — when the defendant wins their criminal case on matters that are substantially-related to the civil case — there is no point in pursuing civil litigation against the defendant.  Depending on the circumstances of the case and the strength of the evidence against the defendant, however, the civil case may, in fact, be winnable. 

How does this mechanism work?  Criminal litigation and civil litigation have different burdens of proof.  Let’s take a look.

Criminal Burden of Proof 

In Florida, as in other states, the burden of proof imposed on the prosecution in criminal litigation is “beyond a reasonable doubt.”  It is the highest possible standard that can be applied to a case.  The reasonable doubt standard requires that the prosecution show that it is certain that the defendant is liable for the charge at-issue — there must be no doubt (after careful consideration of the evidence, or lack thereof) that proof of criminal liability has been established.  If there is any plausible reason to think otherwise, then the defendant cannot be held criminally liable. 

The reasonable doubt standard is often portrayed as 99 percent certainty that the defendant is criminally liable.  Given that the reasonable doubt standard is so strict, it can be extremely challenging for the prosecution to hold the defendant criminally liable.

Civil Burden of Proof 

The burden of proof standard in Florida civil litigation is known as the “greater weight of the evidence” standard.  Unlike the reasonable doubt standard, the “greater weight of the evidence standard” requires only that the plaintiff introduce evidence that is more persuasive and convincing of the defendant’s liability — in other words, that the plaintiff’s claims are more likely to be true than false.  This can be represented by a greater than 50 percent likelihood (whereas the reasonable doubt standard is represented by a 99 percent likelihood).  For example, if you are litigating a civil claim against the defendant for negligently causing you injuries, you will have to show that it is more likely than not that the defendant breached their duty of care and proximately caused your injuries. 

The stricter burden of proof in criminal litigation makes it easier for a defendant to win their criminal case than a civil case (where the evidence is substantially similar).  As such, it is likely worth litigating your civil claims so long as you can satisfy the lower burden of proof.

Have you been injured due to the negligent, reckless, or intentional acts of another?  You may be entitled to recover damages pursuant to Florida law, even if the defendant has successfully avoided criminal liability.  Contact Randall Spivey today to connect with an experienced Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A. We will provide a free and confidential consultation to discuss your legal rights.