What are the difference between a criminal and civil case in a boating accident?

In California, when a boating accident occurs, two types of legal cases may be brought against the responsible parties - criminal and civil. Criminal cases are brought by the state against the responsible parties and are designed to impose punishment if someone is found guilty. They often involve more serious offenses than civil cases. To prove guilt in criminal cases, prosecutors must demonstrate that the responsible party acted with “intent” or in a willful and reckless manner while operating the boat. If convicted, the responsible party may face jail time or other fines and penalties. Civil cases are brought by the injured party or parties, not by the state. The purpose of civil cases is to hold the responsible party or parties “liable” or financially responsible for the harm sustained. The injured party must prove that the responsible party was negligent, or didn’t exercise a reasonable degree of care while operating the boat. The outcome of a civil case is usually a financial award to the injured party. In essence, criminal cases involve severe penalties for behavior deemed to be malicious or intentional, whereas civil cases focus on restitution for injuries resulting from negligence. Both types of cases may be brought against the responsible parties for a boat accident, depending on the circumstances.

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