Indiana residents seeking to understand personal injury claims often find themselves asking an important question: Why is a personal injury claim considered a civil case and not a criminal one? The distinction between civil vs. criminal cases can feel confusing, especially for those unfamiliar with the legal world.
This post breaks down the essential differences between civil and criminal cases, explains why personal injury claims are handled under civil law, and provides valuable insight into Indiana’s legal framework for personal injury cases. By the end, you’ll have clarity on why your Indiana personal injury claim is a civil matter and what to expect during the process.

What Are Civil and Criminal Cases?
At a high level, there are two primary types of legal cases in the United States: civil and criminal.
▷ Criminal Cases involve actions that are considered offenses against the state or society as a whole, such as battery charges or arson charges. The government prosecutes the accused, and penalties typically include fines, probation, or jail time.
▷ Civil Cases, on the other hand, address disputes between individuals or entities. These cases typically involve compensation or specific remedies rather than punishment. Common civil cases include contract disputes, divorce, and personal injury claims.
For personal injury victims in Indiana, this distinction is key. Your injury claim is not about someone being punished by the state but about seeking compensation for the harm you’ve suffered.
Why Personal Injury Claims Are Civil Cases
Personal injury claims fall under a branch of civil law known as tort law. A tort is a wrongful act or an infringement of someone’s rights that leads to harm or injury.
The purpose of tort law is to provide remedies to individuals who have been wronged, usually by awarding monetary damages. This is why personal injury cases are handled in civil courts rather than criminal courts.
To illustrate, consider this example:
- If someone intentionally sets a fire that causes harm, the state may file arson charges against them in a criminal case. These are known as intentional torts.
- Separately, the injured party can file a personal injury claim under civil law to recover compensation for medical expenses, lost wages, and other damages.
These two cases may involve the same event but serve entirely different purposes.
Burden of Proof in Civil vs. Criminal Cases
One major distinction between civil and criminal cases is the burden of proof.
▷ Criminal Cases require proof “beyond a reasonable doubt,” meaning the evidence must be so convincing that there is no reasonable way to question the guilt of the accused. This is a high standard because the stakes (e.g., jail time) are high.
▷ Civil Cases, including personal injury claims, require a lower burden of proof. Known as “preponderance of the evidence,” this means the plaintiff must show that it is more likely than not (over 50%) that the defendant’s actions caused the harm.
Under Indiana Rule of Evidence 101, this lower standard ensures that victims can pursue compensation even when the evidence doesn’t meet the stricter requirements of a criminal case.
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Examples of Personal Injury Scenarios
To further clarify why personal injury claims are civil cases, here are a few examples of scenarios that would fall under civil law in Indiana:
- Car Accidents: A distracted driver causes a collision, leaving you with medical bills and vehicle damage. You could file a personal injury claim to recover those costs.
- Slip and Fall: You slip on a wet floor in a store with no warning sign, resulting in a broken wrist. This could lead to a premises liability claim under personal injury law.
- Defective Products: A faulty appliance causes a fire in your home, leading to property damage. You could file a product liability case to recover compensation.
These cases aim to compensate victims for their losses, not to punish the at-fault party with criminal charges.
Compensation in Civil Cases
A key focus of Indiana personal injury claims is securing compensation, also known as damages. There are several types of damages available in civil cases, including the following:
1. Economic Damages
These cover quantifiable financial losses, such as:
- Medical bills and rehabilitation costs
- Lost wages or future earning capacity
- Property damage
2. Non-Economic Damages
These cover less tangible harms, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
3. Punitive Damages
Though rare in Indiana, punitive damages may be awarded when the defendant’s actions are especially reckless or intentional. However, these are more common in high-profile cases with clear evidence of gross misconduct.
Under Indiana’s Comparative Fault Act (IC 34-23-1-1), the amount of compensation you receive in a personal injury case can also depend on your level of fault in the incident. For example, if you were found 20% at fault for an accident, your damages would be reduced by 20%.
Additionally, Indiana’s statute of limitations for personal injury cases (IC 34-11-2-4) requires that claims be filed within two years of the injury, so it’s essential to act quickly.
Common Misconceptions About Personal Injury Claims
Misunderstandings about civil vs. criminal cases can complicate the process for personal injury victims. Here are some common misconceptions to clear up:
▷ Belief: Criminal charges will automatically be filed if someone is injured.
▷ Reality: Criminal cases depend on law enforcement and prosecution decisions, whereas personal injury claims are initiated by the victim.
▷ Belief: A criminal trial determines the outcome of a personal injury claim.
▷ Reality: These are separate legal processes that do not directly influence one another.
▷ Belief: Jail time is a possible outcome in a personal injury case.
▷ Reality: Civil cases focus on financial compensation, not criminal penalties like imprisonment.
Understanding these differences is crucial for anyone navigating personal injury law in Indiana.
What to Do Next
Now that you understand why personal injury claims are considered civil cases and how they function under Indiana law, the next step is to take action to protect your rights. This involves gathering evidence, understanding the legal process, and consulting with an experienced attorney who can guide you through every step of your claim. Acting promptly is crucial to ensure you meet deadlines and build a strong case for fair compensation.
If you’ve been injured due to someone else’s negligence, contact Craven, Hoover & Blazek, P.C. today for a consultation. Our experienced personal injury attorneys can guide you through the process, ensuring that your claim is filed within the statute of limitations and maxing out the compensation you deserve.
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