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Tort and crime are among the most confusing legal jargon terms. Many people use them interchangeably when that shouldn’t be the case. The two terms are different, and they have different consequences.
Schmidt & Clark lawyers have successfully prosecuted both crime and tort cases for close to three decades. Our lawyers will explain everything about these two terms, including their meaning and differences.
Summary of the Key Findings
- A tort occurs 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 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.
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 |
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 a tort and a crime, such as assault, which can lead to criminal charges and a civil lawsuit for damages.
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 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