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What's the Difference Between Civil Law vs Criminal Law?

Robert Stahle • January 9, 2018
Civil Law vs Criminal Law - Fitch & Stahle Law Firm

The law is divided into civil and criminal cases, and there are some fundamental differences in how these cases are decided. While both criminal and civil law seek to punish defendants, they go about it in very different ways, and the standards for finding a defendant guilty are not the same.

The Main Differences Between Civil & Criminal Cases:

Who Files?

In criminal law, the ‘state’ files the case and conducts a trial against a defendant through the prosecution. In civil law, victims must file the case, and the law does not consider a civil suit to be an offense against the state or against society.

Punishment

Criminal law establishes jail time and monetary fines as a possible punishment if a defendant is found guilty, whereas civil law only allows monetary damages for a person who is found liable.

Burden of Proof

Under criminal law, the prosecution must prove beyond a reasonable doubt that the defendant committed the criminal act. Under civil law, the prosecution needs only to prove that the defendant is guilty by a ‘preponderance of the evidence.’ This standard means that it is more likely than not that the defendant violated civil law.

Jury

Criminal law requires a defendant to be tried by a jury of his or her peers. Civil law, on the other hand, does not have this requirement, so some cases are tried in front of a jury, and some cases are tried in front of a judge.

Right to Legal Counsel

Criminal law provides a court-appointed attorney for defendants who cannot afford to hire a private lawyer. Under civil law, the claimant must pay for a lawyer and is not entitled to free legal counsel from the state.

Legal Protections

Defendants in a criminal law case receive protections such as a ban on illegal searches and seizures. These protections are not available in civil law cases.

Appeals

Civil law allows either the claimant or the defendant to appeal a verdict. Under criminal law, however, only the defendant can file an appeal.

Why These Differences Exist

The differences between civil law and criminal law are the result of how the state views crime.

Criminal law is considered to be in the public interest, and police and prosecutors are hired by the state to pursue cases against those who violate the criminal code.

Civil law, however, deals with disputes and conflicts between people or between people and organizations.

In rare instances, however, a defendant can be tried for the same crime under civil and criminal law.

The most famous example is that of OJ Simpson, who was found not guilty under criminal law of murdering his former wife and her friend, but was found liable under civil law of intentionally causing the death of both victims.

Find a Qualified Advocate

If you have been arrested for a crime and you need a lawyer who will mount an aggressive defense , or you need representation for a personal injury claim, contact the Fitch & Stahle Law Office at (402) 494-3012 for a free legal consultation.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.