{"id":414665,"date":"2026-11-04T11:52:05","date_gmt":"2026-11-04T16:52:05","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=414665"},"modified":"2026-11-04T11:44:13","modified_gmt":"2026-11-04T16:44:13","slug":"can-victims-sue-if-criminal-charges-are-dropped","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-victims-sue-if-criminal-charges-are-dropped.html","title":{"rendered":"Can Victims Sue if Criminal Charges Are Dropped?"},"content":{"rendered":"\n
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Can Victims Sue if Criminal Charges Are Dropped?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A crime victim can file a civil lawsuit<\/span> against the person who harmed them even if criminal charges<\/span> were dropped. This is possible because a civil case<\/span> has a different burden of proof<\/span>. Personal injury cases<\/span> only require you to prove it was “more likely than not” that the person was responsible, a lower standard than the “beyond a reasonable doubt<\/span>” needed for a criminal conviction<\/span>. The goal of this lawsuit is to recover financial compensation<\/span> for your medical bills<\/span>, lost income, and other damages from the at-fault party<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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It can feel like being the victim of another offense when a prosecutor drops criminal charges<\/span> against someone who harmed you. While you can\u2019t force the state to reopen the criminal case<\/span>, you\u2019re not powerless. Victims have important rights and options outside of the criminal prosecution<\/span>, including the ability to file a civil lawsuit<\/span> for financial damages and seek aid from state victim compensation<\/span> programs.<\/p>\n

When the criminal justice system doesn’t proceed, you have two main avenues to seek justice and support for the harm you suffered. Let\u2019s examine each one.<\/p>\n

Option 1: File a Civil Lawsuit<\/span><\/h2>\n

In a criminal case<\/span>, the state files charges on behalf of the public. Its purpose is to protect\u00a0public safety. To get a conviction, the prosecutor must prove their case beyond a reasonable doubt<\/span><\/a>.<\/p>\n

A civil action<\/a> is different. One person files it against another, such as “John Doe, plaintiff<\/span> vs. Fred Smith, defendant.” Its purpose is to redress a personal wrong, usually with monetary damages.<\/p>\n

In a civil lawsuit<\/span>, you bear the\u00a0burden of proving your claim. The standard of proof<\/span>\u00a0is lower<\/a> than what the prosecution must prove in a criminal case<\/span>. You only need to show it is more likely than not that the defendant caused your harm. This \u201cpreponderance of the evidence<\/span>\u201d standard means you can file a civil lawsuit<\/span> for any monetary harm done to you, including emotional trauma and pain and suffering<\/span>, and potentially win even if the criminal case<\/span> failed. A personal injury attorney<\/span><\/a> who specializes in these cases can give you advice on how to proceed.<\/p>\n

Example: A Drunk Driving<\/span> Accident<\/h3>\n

Let\u2019s look at an example. Imagine a drunk driver runs a red light and crashes into your car, leaving you with serious injuries and a totaled vehicle.<\/p>\n

The police arrive, see the other driver is intoxicated, and arrest them for driving under the influence<\/span><\/a> (DUI<\/span>). The prosecutor files criminal charges<\/span>. However, during pretrial motions, the defense attorney proves that the breathalyzer machine used at the scene was not calibrated correctly<\/a>. A judge rules that the breathalyzer evidence is inadmissible.<\/p>\n

Without that key piece of evidence, the prosecutor believes they can no longer prove the case beyond a reasonable doubt<\/span> and must dismiss the DUI<\/span> charge<\/span>. The drunk driver walks away with no criminal conviction<\/span>.<\/p>\n

You\u2019re now left with significant medical bills<\/span>, have lost income from being unable to work, and need to replace your car. In this situation, you can file a civil lawsuit<\/span> against the driver for negligence<\/span><\/a>.<\/p>\n

In your civil case<\/span>, your attorney doesn’t need to prove the case beyond a reasonable doubt<\/span>. They only need to show by a preponderance of the evidence<\/span> that the other driver’s actions caused your injuries. This includes evidence that might not have been central to the criminal case<\/span>, such as:<\/p>\n