Civil liability is liability associated with a civil wrongdoing, or tort. The distinction is made for the purpose of distinguishing between civil and criminal. Civil liability arises often in personal injury cases. When one person has injury to the other, the injured can sue in pursuit of damages. As long as they have an actual loss, in addition to being able to fulfill the burden of proof, they can recover damages up to the courts discretion. As opposed to a criminal liability, which would involve criminal punishment, civil liability requires a defendant to pay damages to the plaintiff. A common example of civil liability would be in a car accident, where the person at fault would be liable; criminal liability can be seen in the theft of property.