A. Yes, the claimant’s financial recovery rights are not generally affected by pending criminal charges. However, it’s often beneficial to wait until the criminal case resolves. Some judges even stay (pause) civil litigation while charges are pending because criminal courts have higher evidentiary standards. Prosecutors might also gather all necessary evidence—including certified BAC tests, vehicle photographs, and medical records—which injury lawyers might request.
Personal injury attorneys can essentially transfer criminal DWI findings to your civil case, which allows courts to assume the driver operated the vehicle while intoxicated. This often accelerates the liability aspect of the litigation, leaving the parties to negotiate the case’s settlement value. It might also reduce court costs and investigative fees.