What Happens When Your Buffalo Injury Case Gets Stalled by a Criminal Investigation?

Life after an accident can feel like a never-ending storm. You’re in pain, the bills won’t stop coming, and the person who caused it all? They’re under criminal investigation. Now everything’s stuck. Your personal injury case is put on hold. And you're left wondering what the heck happens next.

The Buffalo personal injury attorneys at Horn Wright, LLP, know how overwhelming this can feel. We're here to guide you through every twist and turn. We’ll help keep your case moving, even when the criminal courts slow everything down. 

Whether you're dealing with a violent attack, a car crash, or another serious incident, our experience as a trusted Buffalo law firm means we’ve got your back.

Trapped in Legal Limbo? What Buffalo Victims Must Know Before Time Runs Out

Here’s the good news: you can still sue. Even if there’s a criminal case happening at the same time.

But let’s not sugarcoat it—it might move slower than you’d like.

Let's say someone crashes into you on Elmwood Avenue after drinking too much. They’re now facing DUI charges. While their criminal case winds through court, your injury claim gets caught in the middle. Evidence might be locked away. Witnesses might go quiet. The driver might not say a word.

You can absolutely start your civil case now. Just know, you might have to wait a bit for full access to:

• Police reports or bodycam footage: These often have the facts that prove what really happened—speed, fault, and how officers assessed the scene.
• Statements from the accused: These can show intent or reckless behavior, but sometimes they’re protected until the criminal case is done.
• Criminal trial testimony: These transcripts can back up your version of events and highlight lies or inconsistencies in the defense.

Filing early keeps your options open and your timeline intact.

They’re in Jail—So Why Haven’t You Been Paid a Dime?

So they’re locked up. Great. But your bills aren’t.

It’s frustrating. You think, “They’re serving time—shouldn’t I be getting something too?” Sadly, jail doesn’t equal a payout. Criminal convictions don’t come with checks attached.

Being in jail doesn’t erase their civil responsibility. They still owe you. The question is how you collect. And yeah, that part can be tricky. If they don’t have insurance or assets, getting your money might feel impossible.

Don’t lose hope. Some options include:

• Uninsured motorist coverage: If you were hit by a driver who can’t pay, your own insurance might step in. New York drivers are required to carry this.
• Third-party liability: Say a bar overserved the driver. Under New York’s Dram Shop Law, they might be partly responsible too.
• Restitution through the courts: Sometimes, criminal judges will order offenders to pay victims back.

Erie County courts see this stuff all the time. We’ve been there. As a skilled personal injury law firm, we know how to get creative when it comes to recovering what you're owed.

Criminal Trials Can Wreck Your Civil Case—Here’s How Victims Get Stuck

This isn’t just about waiting. Criminal trials can straight-up derail your civil case.

Here’s what you’re up against:

1. Delayed evidence: Police reports, surveillance footage, and witness interviews might be off-limits until the trial wraps up.
2. Silent witnesses: If they’ve been called in the criminal case, some may clam up.
3. Blocked investigations: Police might not want to talk.
4. The Fifth Amendment wall: The person who hurt you can refuse to answer your questions.

The longer you wait to file, the more evidence fades. Timing matters.

Turn Their Conviction into Your Leverage—How a Guilty Verdict Can Help You Win

If they’re found guilty, you’ve got a major advantage. A criminal conviction is like a giant neon sign pointing at their fault. That helps you.

Criminal court needs proof beyond a reasonable doubt. Civil court? Just enough evidence to tip the scales.

Use that conviction to support your claim for damages like:

• Medical expenses: ER visits, surgeries, follow-ups.
• Lost income: Whether you missed a week or a career.
• Pain and suffering: The sleepless nights, anxiety, and emotional toll.
• Emotional distress: Therapy bills, panic attacks, depression.

We’ve seen how a guilty verdict can help real people finally get their shot at justice. We can get yours, too.

Justice Isn’t Enough: rime Victims Deserve Real Compensation

Seeing someone go to jail might feel satisfying. But it won’t pay your bills. And it won’t help you rebuild.

You need support—financially, mentally, physically. Civil court can help you seek what you need to move forward:

• Therapy or mental health care: Long-term therapy for PTSD, anxiety, or trauma.
• Long-term medical treatment: Surgeries, rehab, physical therapy.
• Disability accommodations: Modifications for work or home.
• Loss of quality of life: When hobbies, relationships, and independence are lost.

We’ve also handled everything from car crash legal representation to workplace injury claims. No matter where your injury happened, we’ll walk with you every step of the way.

Tick Tock—Should You File Now or Wait? Timing Could Make or Break Your Case

You’ve got a decision to make. File now or wait?

In New York, you’ve only got three years to file a personal injury claim. That timer doesn’t pause for criminal cases.

Filing early helps you:

• Lock down fresh evidence: Photos, videos, and physical proof.
• Capture witness stories: People forget. They move.
• Start the money conversation: Early filing starts negotiations sooner.

Every case is different. Let’s talk about your specific situation and figure out the best move.

Let Horn Wright, LLP, Help You Move Forward

The Buffalo personal injury lawyers at Horn Wright, LLP, know what it feels like when your life is in upheaval. A criminal investigation can make things worse—but you don’t have to go through it alone. 

We'll help you make sense of the legal noise, fight for what you’re owed, and push your case forward. Whether you’re dealing with a car crash, a violent crime, or need a medical malpractice attorney, we’re here so you can take a breath and start rebuilding.

If you’re ready to take back control, contact our office to get your free, no obligation-consultation. Take that first step to a full recovery with one of the best law firms in America.