(816) 531-4415
Call

Can You Recover Compensation Without a Criminal Conviction?

Wendt Law Firm P.C. > Blog > Sexual Assault > Can You Recover Compensation Without a Criminal Conviction?
Can You Recover Compensation Without a Criminal Conviction?

Can You Recover Compensation Without a Criminal Conviction?

Yes. You can recover compensation through a civil claim even when there is no criminal conviction, an acquittal, or no charges filed. A civil case stands on its own and relies on a lower standard of proof than a criminal prosecution, which is why the two often reach different results.

Why Doesn’t a Criminal Outcome Decide Your Case?

Criminal and civil cases answer different questions. A prosecutor works to punish a crime on behalf of the state, while your civil claim pursues money for the harm done to you personally. Because survivors of sexual abuse control their own civil case, a prosecutor’s choice not to file criminal charges does not close that door. A sexual assault attorney can help you determine your path to financial compensation.

How Does the Burden of Proof Differ?

The difference in the burden of proof explains why a person can avoid criminal conviction yet still be held financially liable in civil court. Criminal cases require proof beyond a reasonable doubt, while civil claims in both Missouri and Kansas generally require only a preponderance of the evidence. Because that standard is lower, survivors may still have legal options in circumstances such as:

  • No charges were ever filed against the offender
  • A prosecutor’s decision not to take the case
  • A criminal trial ending in acquittal
  • A case still pending without a verdict

Each scenario preserves your civil rights. Proof that fell short in criminal court can still satisfy a civil jury if it clearly points to what happened. A lawyer evaluates the available evidence under that lower burden and builds a civil claim designed to establish accountability even when a criminal case does not result in a conviction.

Do You Have to Wait for the Criminal Case?

No, you usually do not. A civil claim can move forward while a criminal matter is open, paused, or closed, and its deadline runs separately from any prosecution. Waiting for a verdict that may never arrive can let your own window slip away.

What Compensation Can a Civil Claim Recover?

A civil case focuses on putting a monetary value on your losses, something a criminal sentence rarely addresses for the survivor. Damages in these cases can cover several kinds of harm:

  • Past and future medical costs
  • Lost income and earning ability
  • Physical pain and emotional distress
  • Disability or disfigurement
  • Loss of consortium (compensation for a spouse’s loss of companionship and support)
  • Punitive damages in especially severe cases

What If the Victim Did Not Survive?

When abuse or assault leads to death, the family still has recourse. Under Missouri Revised Statutes § 537.080, the spouse, children, or parents of the deceased may sue for damages. A wrongful death claim then proceeds on its own track, whether or not anyone faces a criminal charge.

Find Out What Your Civil Claim Could Recover

Civil deadlines keep running no matter what happens in any criminal case, and waiting can quietly cost you the chance to recover at all. With over 18 years of experience and a proven track record of recovering more than $150,000,000 for injured clients, Wendt Law Firm offers free consultations to survivors and families across Kansas City. Call (816) 531-4415 or reach out online today to learn what your claim is worth.

Attorney Samuel M. Wendt

Samuel M. Wendt

Founding Member • Wendt Law Firm, P.C.

Attorney Sam Wendt is the founding member of Wendt Law Firm P.C. and has dedicated his practice to representing injured people and their families. Mr. Wendt has successfully represented countless people involved in automobile and commercial vehicle accidents, victims of medical malpractice, sexual abuse survivors, and wrongful death claims.

Recent Posts
Categories
Archives
Contact Us

" * " Indicates Required Fields

Disclaimer: The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
By providing your mobile number and opting in to receive SMS messages from Wendt Law Firm, P.C., you agree to receive conversational messages.

Message frequency: Message frequency may vary. On average, 1-2 messages per month.
Rates: Message and data rates may apply.
Opt-out:Reply STOP to unsubscribe at any time.
Help: Reply HELP for help.

For more information, please review our privacy policy.
Disclaimer(Required)

Main Office

4520 Main Street, Suite 1000
Kansas City, MO 64111

×
Call Now Button