When a drunk driver injures you, the criminal case against them is only half the story — and it isn’t the half that compensates you. You may have a separate civil claim for your medical bills, lost income, and the lasting toll of the crash. Decker Law handles that claim while the criminal case runs its own course, so nothing about your recovery gets left on the table. Call 757-622-3317 for a free consultation, available 24/7.
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.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
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.
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December 2 2025
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