Your place in the criminal case
The prosecution is brought by the district attorney's office, and you are a witness rather than a party. Most offices have victim services staff who can explain the schedule, help with an order of protection if one is needed, and tell you when hearings and sentencing are set. You may be able to give a victim impact statement before sentencing, and the court can order restitution for certain losses. You do not have to talk with the defense, though you may be contacted, and you can ask the prosecutor's office how to handle that. A guilty plea or conviction can later help a civil claim, but the civil claim does not depend on one.
First steps for your own recovery
In New York, no-fault insurance usually pays initial medical bills and some lost wages, and the application must be filed within a short window after the crash. If you were a pedestrian, cyclist, or passenger, no-fault may come through a policy other than your own, which is worth sorting out early. If the driver was in a government vehicle, a notice of claim may carry its own short deadline. Keep medical records, photos of your injuries and the vehicles, the police report number, and documentation of missed work. Do not sign releases or give recorded statements to the other driver's insurer before getting advice.
Who else may be responsible
Beyond the driver, New York's dram shop law can allow a claim against a business that unlawfully sold alcohol to a visibly intoxicated person who then caused injury, and an employer may share responsibility when the driver was working. In a first consultation we review the police report, the insurance that may be available, and the deadline that applies to each possible claim. We also explain how a civil case can proceed while the criminal case is open, and how to share information with the prosecutor without harming your claim.
