Many shooting survivors assume that once the criminal case wraps up, their legal options are finished. That assumption costs people real money and real justice. The truth is that a criminal prosecution and a civil lawsuit are two completely separate legal processes, and one does not depend on the other.
Two Different Systems, Two Different Goals
The criminal case is handled by the state. A prosecutor decides whether to charge the shooter, and the burden of proof is high. The state must prove guilt “beyond a reasonable doubt.” If the defendant is acquitted, or if charges are never filed, many victims believe that’s the end of it. It isn’t. A civil lawsuit is filed by the victim, not the government. The goal isn’t punishment in the form of prison time. It’s compensation for what the victim lost: medical bills, therapy costs, lost income, and pain and suffering. The burden of proof in a civil case is also significantly lower. The standard is “preponderance of the evidence,” which essentially means more likely than not. That distinction matters a great deal. O.J. Simpson was acquitted in criminal court and then held liable in civil court. The same legal separation applies in shooting cases across Georgia every day.
Who Can Be Named In A Civil Lawsuit
This is where many survivors are surprised. The shooter is an obvious target in a civil suit, but they are often judgment-proof, meaning there’s nothing to collect even if you win. The more meaningful defendants in many cases are third parties who had some level of responsibility for what happened. That can include:
- Property owners who failed to maintain adequate security
- Security companies that were negligent in their duties
- Individuals or businesses that allowed a dangerous person access to a firearm
- Landlords or venue operators with a documented history of prior criminal incidents on their property
An Atlanta church shooting lawyer handles exactly this kind of claim, where the liability extends well beyond the person who pulled the trigger.
What Happens To The Civil Case If The Criminal Case Is Still Ongoing
A civil lawsuit can be filed before, during, or after a criminal case. There are strategic reasons to wait in some situations. A criminal conviction can be powerful supporting evidence in a civil proceeding. However, waiting too long creates its own risk. Georgia has a statute of limitations that limits how long victims have to file. In most personal injury cases in Georgia, that window is two years from the date of the injury. Missing that deadline typically means losing the right to sue entirely, regardless of how strong the case is. Survivors should speak with an attorney as soon as possible, even if they want to monitor the criminal proceedings first.
Evidence From The Criminal Case Can Strengthen Your Civil Claim
One advantage shooting survivors often overlook is that the criminal investigation generates significant evidence. Police reports, witness statements, surveillance footage, and forensic analysis are all gathered as part of the criminal process, and much of that material can be used in a civil case. Deitch + Rogers exclusively represents crime victims in civil suits, which means the firm is deeply familiar with how to pull that evidence into a damages claim effectively.
What Survivors Can Recover
Civil compensation in a shooting case can cover a wide range of losses, including:
- Emergency and ongoing medical treatment
- Mental health therapy and long-term psychological care
- Lost wages and reduced earning capacity
- Pain, suffering, and diminished quality of life
- Wrongful death damages for surviving family members
The Path Forward
Survivors of shootings at churches and other properties in Georgia often don’t realize how many legal options remain available to them after a criminal case concludes or falls apart. Working with an experienced Atlanta church shooting lawyer gives victims a clear picture of who can be held accountable and what compensation they may be entitled to under Georgia law. If you or someone you love was injured in a shooting, reaching out to a civil litigation attorney is a meaningful step toward understanding your rights and options.
