Criminal court is mainly used to establish guilt and administer appropriate punishments to those who have been accused of a crime. However, even if you have the best criminal lawyer in Toronto, justice is not always served at the end of criminal proceedings. Oftentimes, parties can continue to take legal action against the defendant after the decision of the criminal trial has been made. This is often done in civil court, as this is the appropriate location for those who are looking to fight for claims and settle disputes. Civil cases allow individuals to seek additional remedies, accountability, and closure. These cases are often settled by monetary elements such as money, and property. When taking on civil proceedings after a criminal trial, it is important to be equipped with an experienced civil lawyer in Toronto. They will have more knowledge on how to settle disputes in comparison to a criminal lawyer. Continue reading to learn more about how and why people take their cases to civil court after criminal charges have been filed.
Conundrum With Criminal Proceedings
One of the major reasons why people pursue civil litigation after going through criminal court in Canada is to fight for additional remedies, beyond the punishment that the criminal courts set out. Criminal proceedings focus on retribution in the form of fines, imprisonment, community service and/or some type of rehabilitation. However, the one issue with this is that it does not address the emotional or financial damages that the victim has suffered. Criminal law focuses more on the societal implications of the crime. If a crime that somebody commits makes them a threat to society, then they are most likely going to face a more severe punishment, often in the form of a longer sentence. Although this is beneficial to the community, this fails to address the unique experience and suffering of the victim. Victims in criminal trials often suffer from a great deal of emotional damage, not to mention physical damage, sometimes due to physical manifestations of their emotional state. Going to civil court allows the victim as an individual to seek justice, in whatever form they see to be fit.
Fighting for Compensation
In a civil hearing, victims can fight for monetary compensation for losses they have incurred due to the actions of the defendants. This can encompass a variety of things, from emotional damage, cost of lawyers, medical expenses, lost salaries, and/or damage to physical property. In criminal proceedings, the punishments that are dished out are often limited to what is outlined in the criminal code. Most of the standard punishments include jail time and or some form of community service. While this does result in retribution, it does not serve the plaintiff any form of compensation. Civil settlements can be tailored to reflect the full extent of harm that the victim suffered.
If cases involve personal injury due to the negligent actions or intentional harm of the defendant, victims can utilize a civil trial to recover any damages in the form of money. This would not be able to be settled in criminal court, as the focus there would be on proving whether the defendant is guilty of criminal negligence or not. Going to civil court after criminal court provides a comprehensive approach to ensuring that victims are appropriately compensated. Overall, when criminal punishment is not adequate for the victim, civil proceedings are the next best step to take.
A Holistic Approach to Justice
In conclusion, pursuing civil cases after criminal proceedings is a common move for victims who seek justice and accountability. It provides a much more holistic approach to justice, as the defendant is fairly punished in the eyes of society and in the eyes of the victim who actually suffered at the hands of the defendant. Victims have unique experiences with the defendant and may have their own means of seeking justice. Going to civil court after criminal court can help the victim seek punitive damages such as compensation for emotional damage, lost wages, attorneys, time-off work, medical bills, therapy, and much more. Overall it is important for the voices of victims to be heard, and civil court proceedings are the perfect place for such. This is why it is crucial for any and all victims to have not only the best criminal lawyer in Toronto but an amazing civil lawyer in Toronto as well. This way all of your legal bases are covered.
