What is the difference between a tort and a crime?
In tort law, it is you, the individual, who have been wronged; you seek damages for your own injuries by filing a lawsuit in your own name in civil court.
In criminal law, by contrast, the community as a whole seeks justice. Crimes like murder, arson, rape and burglary, to name a few, cannot be tolerated by society, and one who community such acts must be dealt with appropriately. A criminal complain is filed in the name of the people (or the state), not the victim’s name. While tort law compensates the victim by awarding a sum of money designed to make him or her “whole,” criminal law punishes the criminal, usually by imprisonment or fine, or both.
The fact that some crimes are also torts in one reason for much of the confusion between a tort and a crime. Battery, for instance, is both a crime and a tort. If someone hits you , you can sue the person in a civil court for the tort of battery to recover your damages. The state also can prosecute that person for the crime of battery. Many crimes do not have a specific tort counterpart, but you can still sue the person in civil court for your injuries. For example, there is no tort called “rape”. But a rape victim can sue her assailant in civil court for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress.
If you or a loved one has been injured due to negligence of someone else it is important to contact an experienced Sacramento injury lawyer at Travis G. Black & Associates, Inc. Call toll free (888) 744-3575.
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