After a drunk driver hits you, the questions pile up fast. One of the most common is simple: how long will this take? The honest answer depends on which case you mean. A crash caused by an impaired driver usually leads to two separate cases. Understanding how a DUI injury case moves alongside the criminal charges can help you protect your rights and avoid costly mistakes.
Why Are There Two Separate Cases After a DUI Crash?
The State of Georgia brings the criminal case against the drunk driver. Its goal is punishment through fines, jail time, probation, or license suspension. As the victim, you can attend and speak, but you are not a party to that case.
Your civil case works differently. You bring it, and its goal is compensation for your injuries. That money can cover medical bills, lost income, pain and suffering, and other losses. Importantly, the two cases follow different rules, different deadlines, and different timelines.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 246-2656How Long Does the Criminal DUI Case Take?
No one can predict the exact length of a criminal case. Generally, a guilty plea ends the case much sooner than a trial. On the other hand, serious injury or death charges often take longer because of felony procedures, expert testing, and crowded court calendars.
Victims often assume they must wait for the criminal case to finish first. In reality, Georgia does not require that. Your civil claim can move forward on its own schedule.
What Affects the Length of a DUI Injury Case?
Several factors shape how long your civil claim takes:
- Your medical recovery: Lawyers usually wait until doctors understand your long-term prognosis before settling.
- Insurance limits: A small policy may resolve quickly, while a larger claim draws more resistance.
- Other liable parties: A bar that over-served the driver or an employer may also share responsibility.
- Punitive damages: Insurers fight hard when a jury could award extra damages to punish the driver.
- The criminal case: The driver may refuse to answer questions while charges remain open.
Most civil claims settle without a trial. Still, rushing to settle before you know the full cost of your injuries can leave you with far less than you need.
Can the Criminal Case Delay Your Civil Claim?
Sometimes it can. A driver facing charges may invoke the right to remain silent in a civil deposition. However, Georgia courts allow a civil jury to draw a negative inference from that silence. Additionally, a judge does not have to pause the civil case just because criminal charges remain open.
The criminal case can also help you. Georgia pauses the civil filing deadline while a related criminal prosecution remains pending, for up to six years. Notably, Georgia courts have applied this pause even to defendants who were never charged, such as a bar or an employer.
Why Punitive Damages Change the Timeline
Punitive damages exist only in civil cases, not criminal ones. In Georgia, they normally carry a $250,000 cap. When the defendant drove while substantially impaired, though, Georgia law removes that cap against the driver.
Proving punitive damages takes clear and convincing evidence. Fortunately, a criminal conviction is not required. Because the stakes rise so sharply, these claims often take longer and require more preparation.
What About Restitution in the Criminal Case?
A criminal judge may order the driver to pay restitution for certain losses. That money does not replace a civil claim, however. Georgia restitution excludes pain and suffering and punitive damages. Moreover, any restitution you receive simply reduces your civil recovery rather than ending it.
Why Hire a Lawyer for Your DUI Injury Case?
A DUI crash creates overlapping cases, deadlines, and insurance questions. An experienced lawyer can track the criminal case, collect evidence from it, and pursue every liable party. Meanwhile, your attorney can build the punitive damages claim that insurers fear most.
Timing matters as well. Georgia generally allows two years to file an injury lawsuit, although criminal charges can extend that deadline. Even so, evidence like bar receipts and surveillance video can disappear within days.
Talk to Shane Smith Law About Your DUI Injury Case
A DUI injury case can feel overwhelming while you recover. You should not have to manage two legal systems on your own. At Shane Smith Law, our team handles the civil claim and keeps watch on the criminal case for you. Call 980-982-2329 today for a free consultation with a Georgia DUI injury lawyer.
