A DRUNK-DRIVING CLAIM IS SEPARATE FROM THE CRIMINAL CASE
After a drunk-driving crash, the Commonwealth prosecutes the driver — but that case is about punishment, not about paying for what you’ve lost. Your compensation comes from a separate civil claim, and the two move on different tracks. A conviction can help prove the driver was at fault, but you don’t have to wait for it, and you don’t need one to recover. We build your civil case in parallel, coordinating with the criminal matter without depending on it.
Drunk-driving cases can also open a door that ordinary crashes don’t: punitive damages. Virginia allows them where a driver was seriously impaired and behaved with the kind of recklessness the law is meant to deter (Va. Code § 8.01-44.5) — damages meant to punish the driver, on top of what you’re owed for your injuries. We evaluate whether your case qualifies and pursue every category of recovery available to you. (Facing the criminal side yourself? That’s Traffic & DUI.)
DRUNK-DRIVING CLAIMS: WHAT TO KNOW
Do I need the driver to be convicted to sue them?
No. Your civil claim is separate from the criminal case and moves on its own track. A conviction can help prove fault, but you don’t need one, and you don’t have to wait for the criminal case to conclude.
What are punitive damages, and can I get them?
Punitive damages punish especially reckless conduct, on top of compensation for your injuries. Virginia allows them in some drunk-driving cases — generally where the driver was seriously impaired and acted with conscious disregard for others’ safety (Va. Code § 8.01-44.5). We evaluate whether yours qualifies.
Can I sue the bar or restaurant that overserved the driver?
Usually not in Virginia. Unlike many states, Virginia generally does not recognize “dram shop” liability, so the claim typically runs against the driver and the available insurance, not the establishment.
How long do I have to file?
Generally two years from the date of the crash for the injury claim (Va. Code § 8.01-243). Evidence from the criminal case can help, but don’t let the criminal timeline run out your civil deadline.
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CONTACT DECKER’S DRUNK DRIVING ACCIDENT ATTORNEYS
You don’t have to wait for the criminal case to protect your own. The sooner we start building your civil claim, the stronger it is. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.