What Rochester Injury Victims Face When Criminal Trials Delay Civil Justice

Trapped Between Two Courts

After an injury tied to a crime, like an assault or DUI crash, you’re probably feeling overwhelmed. There’s fear, frustration, and this lingering sense that you’re stuck in limbo. 

The prosecutor’s pressing charges, sure. But your pain, your losses, your healing? That’s your fight. And when the criminal court drags things out, it can feel like your shot at justice is stuck at a red light.

Our Rochester injury attorneys at  Horn Wright, LLP, understand how complex these situations can get, but we know how to press ahead, even when the criminal side of things slows everything down. 

Whether the person who hurt you is facing charges or already behind bars, we’re here to help you get compensated. If you’ve been searching for a personal injury firm that understands both civil and criminal overlap, you’ve found one that truly gets it.

How Criminal Charges Can Put Your Injury Claim on Ice in Rochester

Here in Rochester, the criminal courts - Monroe County Supreme, City Court, you name it - usually take priority. Criminal trials get fast-tracked. Civil cases? Not so much. Your claim for medical bills, lost income, pain, and stress might get pushed aside while prosecutors focus on punishment.

And that can mean serious delays for you. Why?

• Testimony in your case could mess with the criminal investigation – If you or the defendant testifies too soon, it might impact the criminal trial.
• The defendant might plead the Fifth – That slows discovery, because they don’t have to say anything that might incriminate them.
• Shared evidence can complicate both cases – Something that helps your case might get tossed out of the other, or vice versa.

The longer you wait, the more complicated things get. That’s why it’s important to act early. You don’t need to put your whole case on pause. An experienced Rochester law firm can help move things forward in smart, strategic ways.

Fighting for Compensation While the Criminal Case Crawls: Can You Really Do Both?

You don’t have to wait for a criminal conviction before filing a civil claim. In fact, if you wait too long, you could lose your right to sue altogether. New York’s statute of limitations usually gives you three years from the date you were injured to file a lawsuit.

If you’re sitting around waiting for the criminal trial to finish, that deadline could sneak up on you. And once it passes? That’s it. Your chance at compensation is gone.

Here’s where a good attorney can make all the difference. We can file your case while the criminal one is still pending. Sometimes we ask the court to hit pause on certain parts until the criminal case wraps. Other times, we push forward anyway, especially when:

• The defendant already made a statement: Something they said during their arrest or trial might help prove your case.
• Insurance coverage exists: If the person who hurt you has insurance (or someone else involved does), we can go after it now.
• The criminal process is taking forever: No one should wait years for help with medical bills and missed work.

Also important: Civil cases use a lower burden of proof. You don’t need to prove “beyond a reasonable doubt.” You just need to show that it’s more likely than not that the other person caused your injury. So even if the criminal case ends in a dismissal or plea deal, you can still win your civil claim.

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

So the person who hurt you is in jail. Maybe they’re in Monroe County Jail. Maybe Attica. Either way, they’re locked up. But jail time doesn’t equal compensation.

In fact, a lot of criminal defendants don’t have much to their name. They may be broke, unemployed, or without any insurance. And when you’re talking about intentional harm—like an assault—many insurance policies won’t cover it anyway.

That said, don’t give up. You still have options:

• Go after personal assets: If they own a home, get paid under the table, or inherit anything in the future, you might be able to seize those assets.
• Find a third party with insurance: Maybe the fight happened outside a poorly supervised bar. Maybe the attacker was drunk and overserved. In cases like that, we might be able to go after the bar or property owner’s insurance.
• Apply for state compensation: New York’s Office of Victim Services provides financial help for crime victims who’ve suffered physical or emotional injury. They cover out-of-pocket expenses like counseling, medical bills, lost income, and more.

One Guilty Verdict, One Big Advantage: How a Conviction Powers Your Injury Case

If the person who hurt you is convicted of a crime, your civil case just got a lot stronger.

That conviction? It can do some of the heavy lifting for you. In legal terms, it’s called collateral estoppel. But what it really means is: you don’t have to re-prove what the criminal court already decided.

A guilty verdict can:

• Save time – You skip over some of the long debates about who’s at fault.
• Add weight to your case – Insurance companies are way more likely to negotiate when they see a conviction.
• Make settlement talks easier – With liability already established, it’s harder for the other side to dodge responsibility.

And here’s the kicker: Even if they weren’t convicted, or weren’t charged at all, you can still file and win a civil case. Because again, civil court only requires you to prove it’s more likely than not that they caused you harm.

Injured by Crime in Rochester? Don’t Let the System Make You Feel Powerless

You’ve been through enough. And now it feels like the system’s working against you. Here’s what most people don’t realize:

• You can file a civil claim even if no one’s convicted: That’s your right. You don’t need a DA’s blessing to pursue justice.
• You can hold others accountable too: Think businesses, landlords, event venues. If someone else’s carelessness helped cause what happened, we can go after them.
• You can still get support: The Monroe County Crime Victim Assistance Program helps with emotional support, safety planning, and even applying for financial compensation.

Whether you’re dealing with negligence claims in Rochester NY or a violent assault, your pain deserves recognition and justice.

The Clock’s Ticking: What New York Law Actually Says About Delays and Your Right to Sue

You don’t get unlimited time to sue, even if the criminal courts are dragging their feet.

In New York, the law gives you three years from the date of your injury to file a personal injury lawsuit. And no, that deadline usually doesn’t pause just because there’s a criminal case happening.

Sometimes, a judge may temporarily “stay” your case to avoid interfering with the criminal trial. But that’s not automatic. And even if parts of the case are paused, you can still take other steps to preserve your claim.

A criminal court might also order restitution. But be careful. That amount is usually small and doesn’t come close to what civil damages can provide. So yeah, the law gives you a path. But it won’t wait around forever. And neither should you.

Get the Legal Support You Need in Rochester from Top Personal Injury Attorneys

We know how tough it is to recover when the legal system’s playing the long game. That’s why we focus on helping victims like you take action fast. You deserve answers, compensation, and peace of mind. 

Whether you’re dealing with compensation for car accident injuries or holding someone accountable for assault, we’ve got your back. Our experienced injury attorneys in Rochester will help you figure out your best next step. Whether that’s a settlement or a full-blown trial. 

We’ll handle the court delays, the legal wrangling, and the paperwork. You just focus on getting better. If you’re ready to get started, call our office today (585) 245-0255 or leave a message online.

Get your free, no-obligation consultation with one of the best law firms in America.