Published by Tort and crime are among the most confusing legal terms. Many people use them interchangeably, but they have fundamentally different meanings and consequences.
At Schmidt & Clark, LLP, we've handled both civil tort claims and criminal defense matters for nearly three decades. I've seen firsthand how a single incident—like an assault—can trigger both a criminal prosecution and a civil suit simultaneously.
Understanding the distinction between these two legal concepts is essential whether you're a victim seeking compensation or someone facing potential charges. Below, I'll break down exactly how torts and crimes differ in definition, procedure, and outcome.
Summary of the Key Findings
- A tort refers to actions when law-abiding citizens suffer injury or harm because of another person’s actions.
- Crime is an illegal, harmful, threatening, and intentional act in the legal world. Criminal activity includes committed assault, murder, robbery, and more.
- There are several key differences between torts and crimes.
What is a Tort?
A tort is a wrongful act, such as a breach of someone's civil rights. It happens when a person's negligence causes damage to another person or their property.
A tort is legally recognized as wrongdoing for which the law provides a remedy, typically financial compensation.
“A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a loss or detriment in fact that an individual suffers.” Cornell Legal Information Institute
Different Types of Torts
| Type of Tort | Definition | Example |
|---|---|---|
| Intentional Torts | Wrongful acts committed on purpose | Assault, defamation, fraud |
| Negligence Torts | Failure to act with reasonable care | Car accidents, medical malpractice |
| Strict Liability | Liability without fault or intent | Defective product causing injury |
Intentional torts occur when wrongful conduct is done deliberately. These cases can resemble criminal behavior but are handled as civil offenses when a plaintiff sues for damages.
Common tort examples:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
In tort law, cases take place in civil court between the plaintiff (injured party) and the defendant (accused). If the defendant is found liable, they must pay damages to the plaintiff.
What are the Elements of a Tort?
To succeed in a tort claim, the plaintiff must prove four essential elements. These elements establish that the defendant is legally responsible for the harm caused.
Duty of Care: The defendant owed a legal obligation to act reasonably toward the plaintiff. For example, drivers have a duty to operate their vehicles safely around pedestrians and other motorists.
Breach of Duty: The defendant failed to meet the required standard of care. This could mean acting carelessly, recklessly, or intentionally causing harm.
Causation: The defendant's breach directly caused the plaintiff's injury. Courts examine both actual cause (the injury would not have occurred "but for" the defendant's actions) and proximate cause (the harm was a foreseeable result).
Damages: The plaintiff suffered actual harm—physical injury, property damage, financial loss, or emotional distress—that can be compensated through monetary awards.
What is a Crime?
A crime is a harmful or threatening act that is legally prohibited and punishable by the state or federal government. Unlike torts, which involve harm to an individual, crimes impact society as a whole. Punishment typically includes fines, imprisonment, or both.
Criminal Prosecution Process
- The police are informed about the crime.
- The police investigate, inspect the crime scene, and speak to witnesses.
- The suspect is identified and arrested.
- The suspect is prosecuted in court.
Common Examples of Crimes
- Assault
- Murder
- Robbery
- Fraud
- Extortion
In a criminal case, the government prosecutes the accused (defendant), and if found guilty, the defendant faces punishment determined by the court.
What Are the Elements of a Crime?
Criminal liability requires the prosecution to prove two fundamental elements beyond a reasonable doubt:
Actus Reus (Guilty Act): The defendant committed a voluntary physical act or unlawful omission. This is the external component of the crime—what the defendant actually did.
Mens Rea (Guilty Mind): The defendant had a culpable mental state when committing the act. Depending on the crime, this could be intent, knowledge, recklessness, or criminal negligence.
Some crimes, known as strict liability offenses, do not require proof of mens rea. Examples include statutory rape and certain traffic violations, where the act alone establishes guilt regardless of the defendant's intent.
Six Key Differences Between Torts and Crimes
| Aspect | Tort Law | Criminal Law |
| Definition | Civil wrong causing harm to an individual | Violation of laws against society |
| Legal Action | Brought by the injured party (plaintiff) | Brought by the government (prosecution) |
| Consequence | Defendant pays damages to the victim | Defendant faces fines, imprisonment, or both |
| Burden of Proof | Preponderance of evidence (51%) | Beyond a reasonable doubt (90%+) |
| Example | Doctor commits malpractice | Doctor assaults a patient |
| Purpose | Provides compensatory damages to the victim | Punishes the offender and maintains order |
Remedies and Damages in Tort Cases
When a plaintiff wins a tort case, the court awards damages to compensate for their losses. There are several types of damages available:
Compensatory Damages: These restore the plaintiff to their pre-injury condition. They include:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium (for spouses)
Punitive Damages: Also called exemplary damages, these punish defendants for particularly egregious or malicious conduct and deter similar behavior. Punitive damages are awarded in addition to compensatory damages, but are relatively rare.
Nominal Damages: A small monetary award (often $1) when the plaintiff's rights were violated but no actual harm occurred.
Can One Act Be Both a Tort and a Crime?
Yes—many actions can result in both civil tort liability and criminal prosecution. This is because torts and crimes serve different purposes: tort law compensates victims, while criminal law punishes offenders and protects society.
Example: Assault and Battery If someone punches another person, they may face:
- Criminal proceedings brought by the state, potentially resulting in fines or jail time
- A civil lawsuit brought by the victim seeking compensatory damages for medical bills, lost wages, and pain and suffering
The O.J. Simpson case is a famous example. Simpson was acquitted of murder in criminal court (where the standard was "beyond a reasonable doubt") but found liable for wrongful death in civil court (where the standard was "preponderance of the evidence").
Key Differences in Dual Proceedings:
| Aspect | Criminal Case | Civil Tort Case |
|---|---|---|
| Who brings the case | Government/prosecution | Injured party (plaintiff) |
| Outcome if defendant loses | Fines, probation, imprisonment | Monetary damages to plaintiff |
| Standard of proof | Beyond a reasonable doubt | Preponderance of evidence |
| Verdict terminology | Guilty or not guilty | Liable or not liable |
Decision Tree: Is It a Tort or a Crime?
- Did the act harm a specific person? → Yes → It’s a tort.
- Did the act break a state or federal law? → Yes → It’s a crime.
- Could it result in both a lawsuit and criminal charges? → Yes → It’s both.
Related Articles:
- Types of Tort Claims
- Corporal Injury Definition & Examples
- What is the Difference Between Robbery and Burglary?
FAQs
1. How Does the Burden of Proof Differ Between Tort and Criminal Cases?
In tort cases, the burden of proof is "preponderance of the evidence," while in criminal cases, it's "beyond a reasonable doubt," making criminal cases harder to prove.
2. What Types of Damages Can Be Awarded in a Tort Case Versus a Criminal Case?
Tort cases may award compensatory and punitive damages for harm or losses, while criminal cases focus on penalties like fines or imprisonment, aiming to punish and deter crime.
3. Can a Single Act Be Both a Tort and a Crime?
Yes, a single act can be both things at once, such as assault, which can lead to criminal charges and a civil lawsuit for damages.
4. What Is a Tortfeasor?
A tortfeasor is the legal term for a person or entity who commits a tort. The tortfeasor is the party held liable for causing harm to another through intentional conduct, negligence, or strict liability. In a personal injury lawsuit, the tortfeasor is typically the defendant.
5. What Is the Statute of Limitations for Tort Claims?
The statute of limitations for tort claims varies by state and type of tort. Most personal injury claims must be filed within 2-3 years from the date of injury. Medical malpractice (higher standard events) and defamation claims often have shorter deadlines. Missing the statute of limitations typically bars recovery, so consulting an attorney promptly is critical.
Get Help From Experienced Lawyers
Being a victim of harmful and damaging behavior is not only traumatizing but can leave serious consequences. In general, a tort is less serious than a crime, and it can get you damages for the injuries sustained.
However, if a defendant is found guilty in a criminal trial, a victim doesn't get damages. The defendant goes to prison, as the main goal is to protect society. No matter what kind of injuries you sustained, Schmidt & Clark, LLP lawyers are here to help. Our lawyers are experienced in dealing with personal injury law cases.
Contact us as soon as today to get professional help for your case.
References:
1.) https://www.law.cornell.edu/wex/crime