When violence strikes in West Virginia, victims often think the criminal trial is their only path to justice. But there’s more: You can fight back through criminal and civil courts simultaneously. This two-way approach helps victims get both justice and money for their losses.
What’s the difference between criminal and civil cases?
The state handles criminal cases to punish the person who committed the crime. They might go to jail or pay fines. But criminal courts don’t always help victims pay their bills or compensate them for lost wages. That’s where civil courts step in. Civil cases let victims ask for money to cover medical costs, missed work time and mental health care.
Steps to take in both courts
Before you start either case, here’s what you need to do:
- Get copies of all police and medical records.
- Take photos of injuries and damage.
- Keep all bills and receipts.
- Write down what happened while it’s fresh in your mind.
These items help build strong cases in both courts. They show proof of your losses and help track the full impact of the crime.
How to win in both courts
Criminal courts need solid proof that the person did the crime. Civil courts need less proof, making it easier to win. You can win your civil case even if the criminal case fails. Plus, you don’t have to wait for the criminal case to end before starting your civil case.
Time matters in West Virginia. You have two years to start your civil case. Don’t wait too long. While state lawyers work on putting the criminal behind bars, your civil lawyer fights to get you money for your losses.
If you’re dealing with the effects of a violent crime, think about both paths to justice. A local lawyer who knows West Virginia law can guide you through both civil and criminal courts. This approach gives you the best shot at full justice and fair payment for your losses.
