If someone’s actions cause harm, they may face consequences — but those consequences can come in different forms. In the legal world, we often distinguish between civil liability and criminal liability. For personal injury victims in Texas, understanding the difference is important when deciding how to pursue justice and compensation.
Here’s how civil and criminal liability differ, how they interact, and what they mean for injury claims.
Civil vs. Criminal Cases: The Core Difference
- Civil liability arises when one person or entity causes harm to another and can be sued for damages.
- Criminal liability arises when someone violates a law and is prosecuted by the government.
In a civil case, the goal is compensation for the injured party. In a criminal case, the goal is punishment for breaking the law — typically through fines, jail time, or probation.
These two systems serve different purposes but may involve the same incident.
How Civil Liability Works in Texas Injury Cases
In a Texas personal injury lawsuit, the injured person (the plaintiff) brings a claim against the individual, business, or entity (the defendant) that caused the harm. Common civil claims include:
- Car accidents
- Trucking and 18-wheeler collisions
- Medical malpractice
- Workplace injuries (involving third parties)
- Wrongful death
- Dangerous property conditions
- Assault or battery (as a civil claim for damages)
The burden of proof is “preponderance of the evidence” — meaning it’s more likely than not that the defendant is responsible.
The outcome is financial compensation for things like:
- Medical bills
- Lost income
- Pain and suffering
- Future care
- Property damage
How Criminal Liability Is Different
Criminal cases are prosecuted by the state — not by the victim. The District Attorney (DA) or another prosecutor brings charges when a person breaks a law that affects the public.
Criminal liability may result from:
- Driving while intoxicated (DWI)
- Assault or aggravated assault
- Manslaughter or homicide
- Hit-and-run
- Reckless endangerment
In a criminal case, the burden of proof is “beyond a reasonable doubt,” which is much higher than in civil court.
The penalties in a criminal case may include:
- Jail or prison
- Fines
- Restitution
- Probation
- Community supervision
Can Civil and Criminal Cases Happen at the Same Time?
Yes. An event can lead to both civil and criminal cases. For example:
- A drunk driver causes a crash that injures a motorcyclist. The state files criminal charges for DWI, while the injured rider files a civil lawsuit for damages.
- A business owner assaults a customer. The DA brings criminal charges, while the victim sues for medical bills and emotional distress.
The two cases are handled separately — and the outcome of one does not automatically control the other.
Why Civil Liability Matters for Injury Victims
Criminal prosecution holds people accountable to the state — but it does not pay your medical bills, replace lost wages, or compensate your family for a wrongful death. Only a civil claim or lawsuit can do that.
That’s why even when someone is charged criminally, it’s important to speak with a personal injury attorney about your civil rights. In many cases, both paths can move forward at the same time.
Spagnoletti Law Firm Represents Injury Victims in Texas
If you’ve been injured by someone else’s actions — whether or not criminal charges were filed — you may be entitled to compensation through a civil claim. Understanding the difference between criminal and civil liability is the first step toward protecting your rights.
Spagnoletti Law Firm helps individuals across Texas pursue injury and wrongful death claims in both straightforward and complex legal situations. We can guide you through the process and help you seek full and fair compensation.
📞 Call 713-804-9306 for a free consultation. No fees unless we win compensation on your behalf.