Do I have to wait for the drunk driver's criminal case before I make an injury claim?
- Texas Attorney
- Yale B.A. · University of Houston Law Center J.D.
- Habla español
- Updated October 7, 2026
No. The criminal DWI case and your injury claim are separate, and your claim shouldn't wait. A conviction or guilty plea can help prove fault, criminal restitution is limited, and the Texas Crime Victims' Compensation program may help with costs insurance doesn't cover. The two-year lawsuit deadline keeps running.
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Two cases, two purposes
After a drunk-driving crash, the State prosecutes the driver for DWI, intoxication assault or intoxication manslaughter. That case is about punishment: jail, probation, fines and license consequences. Your injury claim is about compensation for your medical bills, lost income, pain and future care. The prosecutor doesn't represent you, and the criminal case won't pay your bills.
Why your claim shouldn't wait
- Criminal cases take a long time, often longer than a year, with resets and plea negotiations.
- The two-year deadline keeps running for your lawsuit no matter what happens in the criminal case.
- Evidence fades: bar video, witnesses and vehicle data are best gathered early.
- Insurance limits are first come, first served when several people are hurt.
How the criminal case can help your claim
A guilty plea or conviction, the alcohol test results, body camera video and the police investigation can all help prove fault. Charges such as intoxication assault or intoxication manslaughter can also remove the cap on punitive damages. How punitive damages work. If the driver refuses to answer questions in your case to protect himself in the criminal case, that can work in your favor too.
Restitution is not compensation
A criminal judge can order restitution, but it usually covers only certain out-of-pocket losses, is paid slowly, and often isn't paid at all. It doesn't cover pain, future care or lost earning capacity.
The Texas Crime Victims' Compensation program
The Texas Attorney General's Crime Victims' Compensation program covers victims of DWI and intoxication crimes. It can help with medical bills, counseling, lost wages and funeral costs, generally up to $50,000, with more available for catastrophic injuries. Applications must be filed within three years of the crime, and the program pays only after other sources like insurance. We help you coordinate it with your claim.
Your rights as a crime victim
As a victim in the criminal case, you have rights under Texas law, including being informed about court dates and plea agreements and giving a victim impact statement. We can stay in touch with the prosecutor's office for you. If the case is in El Paso, it is prosecuted by the District Attorney's Office for El Paso County.
Be careful with the insurance company
The drunk driver's insurer may call quickly, sometimes before charges are even filed, and ask for a recorded statement or offer a fast check. Don't give a statement or sign anything before you understand your rights. From the first call, our office handles the insurers for you. Jimmy Suerken grew up in El Paso. He is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. We handle El Paso cases the way we handle them in Houston: by phone, email and video call, and in person when needed.
Drunk-driver crashes in El Paso: what to know
Other ways people ask this
The driver hasn't been charged yet. Can I start my claim?
Yes. Your claim doesn't depend on charges. The police report, test results and other evidence can be gathered now.
What if the driver is found not guilty?
You can still win your injury claim. The civil standard of proof is lower than the criminal one.
Will I have to testify in the criminal case?
Possibly, if the case goes to trial. Many cases end in a plea. We can help you understand what to expect.
Does crime victims' compensation reduce my injury claim?
It's a payer of last resort and may need to be reimbursed from a later recovery. We coordinate it so you don't lose out.
How long do I have to file my injury lawsuit?
Generally two years from the crash in Texas, regardless of the criminal case.
Authority: Texas Crime Victims' Compensation (Attorney General) · Tex. Penal Code ch. 49 · Tex. Civ. Prac. & Rem. Code ch. 41 · Tex. Civ. Prac. & Rem. Code § 16.003
Your next steps, and ours
Get medical care
And keep the police report or case number.
Call Jimmy
713-600-6233Free and confidential. You can talk with Jimmy directly, in English or Spanish.
Don't give a statement
Or accept a fast check.
We run your claim alongside the criminal case
And help with crime victims' compensation.
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