Civil Options for Victims of Violent Crime in Texas
When the Criminal Case Is Not Focused on You
When violence shatters your sense of safety, it can feel like your whole life is suddenly out of control. You may find yourself dealing with the police, medical treatment, and a court system that seems confusing and cold at a time when you need compassion and clear answers. As a Texas personal injury lawyer, I talk with people every week who feel like the criminal case is focused on the accused and the state, not on them and what they’ve lost. That feeling is understandable. In a criminal case, the prosecutor represents the State of Texas. You are a key witness, but you are not their client. Your needs, your medical bills, your future, and your family’s stability are not the focus of that case.
Civil Law Provides a Separate Path to Accountability
What many people do not realize is that the criminal case is only one piece of the picture. There is often a separate path through the civil justice system that can help you pursue accountability and financial recovery. Civil claims are not about sending someone to jail. They are about holding individuals, businesses, landlords, and other responsible parties financially accountable for the harm their actions or negligence caused. That can include situations where poor security, ignored safety complaints, or clear violations of building codes made it easier for a violent crime to occur. Understanding that you may have civil options is often the first step toward regaining some control after something terrible has happened.
Key Differences Between Criminal and Civil Law
In the criminal system:
- The question is whether the accused broke a criminal statute
- The goal is punishment such as jail, prison, or probation
- The burden of proof is very high
- You are a witness and the prosecutor makes the decisions
In the civil system:
- The focus shifts to whether negligence or wrongful conduct contributed to your injuries
- The goal is to compensate you for what you’ve gone through and encourage safer behavior
- The burden of proof is lower
- Your lawyer represents you and you have a say in decisions
You Do Not Always Have to Wait for the Criminal Case to End
You do not always have to wait for the criminal case to end before speaking with a civil attorney. Waiting can harm a civil claim as evidence disappears, witnesses move, and legal deadlines approach. A civil case may allow recovery for medical expenses, counseling, lost income, and emotional harm, and may also involve claims against third parties such as property owners or businesses that failed to provide basic security or ignored known risks. In Texas, these claims often fall under premises liability law, which addresses when property owners can be held responsible for dangerous conditions that contribute to an attack.
Victim Rights Do Not Replace Civil Remedies
Texas law also recognizes that crime victims have specific rights in the criminal process. You may have the right to be notified about court settings, to share information about how the crime has affected you, and to have your safety considered in decisions about bail and release. These rights are important, but they don’t replace your civil rights. They don’t pay your medical bills, cover your rent if you can’t work, or make up for long-term emotional trauma. Civil law can sometimes help fill that gap. Many victims choose to learn more about the protections available under Texas victim law as part of understanding their overall options.
Medical Care and Documentation After a Violent Crime
In the days after a violent crime, your first priority should always be your safety and your health. Getting medical care is not only critical for your body and mind, it also creates a clear record of what happened and how it affected you. Emergency room records, doctor notes, and counseling records can later help show that your injuries came from the incident and that your pain and anxiety are real and ongoing. When you talk with doctors and nurses, it’s important to tell them, in simple terms, that your injuries came from an assault, robbery, or other violent act. Following through with recommended treatment and counseling can help you heal and also protects your credibility if an insurance company later tries to argue that you weren’t seriously hurt.
Reporting the Crime and Preserving Evidence
Reporting the crime to law enforcement is another important step. A police report can open the door to certain state programs and gives us a starting point for understanding what happened. When it is safe to do so, the following can be powerful evidence later:
- Photos of your injuries and torn clothing
- Images of the scene of the attack
- Broken locks, gates, or fences
- Dark walkways or poorly lit areas
Property owners sometimes rush to repair dangerous conditions after an assault, so early photos and videos can make a huge difference. These details can be critical when we evaluate negligence claims for building code violations and other safety failures that may have contributed to what happened to you. Many people also find it helpful to understand how building codes and safety standards apply in these situations.
Why Early Legal Guidance Matters
You don’t have to try to manage all of this alone. Victim advocates through local law enforcement or prosecutors’ offices can help you navigate the criminal system and connect you with counseling resources. At the same time, it’s often very important to talk with a civil attorney early, before evidence disappears and before insurance companies begin building their defenses. As a personal injury trial lawyer, part of my job is to investigate what happened outside the narrow focus of the criminal case. That can include obtaining surveillance footage before it’s erased, interviewing witnesses while their memories are fresh, and looking closely at whether a property owner, landlord, or business failed to take basic steps that could have reduced the risk of crime.
Financial Assistance That May Be Available
In Texas, there are a few potential sources of financial help for crime victims. Many people have heard of the Texas Crime Victims’ Compensation Program, which is run through the Attorney General’s office. It can sometimes help with:
- Medical care
- Counseling expenses
- Funeral costs in tragic cases
It has limits and specific rules, and it generally doesn’t pay for pain and suffering or long-term lost earning capacity. Courts in criminal cases can also sometimes order restitution, which is payment from the offender to the victim. In practice, however, many offenders don’t have the ability to pay meaningful restitution, and these payments can be small or inconsistent. That’s why we often explore civil remedies in addition to any help you may receive from the state.
How Civil Liability Is Evaluated After Violent Crime
A civil case after a violent crime often focuses on whether a third party’s negligence helped make the crime possible. These claims commonly involve premises liability and building code or safety failures, such as broken locks, poor lighting in high-crime areas, or inadequate security. If a property owner ignores basic safety ordinances and that lapse allows a criminal to access the property and cause harm, we may argue the failure substantially contributed to the attack. These cases are often pursued through the property owner’s insurance, which is usually a more realistic source of recovery than the offender.
Identifying All Responsible Parties
Identifying who may be responsible is rarely as simple as pointing to one person or company. We often look at the property owner, the management company, any security contractor, and sometimes the business operating on the property. Understanding who can be liable for building code violations and security failures requires looking at ownership records, contracts, maintenance logs, prior incident reports, and sometimes expert opinions about what reasonable safety measures should have been in place. Our job is to pull those threads together and build a clear picture of where the system broke down.
Evidence That Supports a Civil Claim
Evidence in civil cases after violent crime goes beyond the question of “who did it” that dominates the criminal trial. We still look at police reports, witness statements, and any criminal charges, but we also dig into prior crime statistics for the property and surrounding area, complaints from tenants or customers, work orders for broken lights or locks, and whether the property met basic safety standards. We may consult experts in building security or code enforcement to explain how following accepted safety practices could have changed the outcome. This is where our knowledge of Texas premises liability and building code negligence issues becomes critical.
Damages That May Be Available Under Texas Law
If your civil case is successful, Texas law may allow you to seek several types of damages. Economic damages are the easy-to-measure financial losses like past and future medical expenses, counseling costs, lost wages, and in serious cases, reduced earning ability. Non-economic damages are very real but less tangible. These include physical pain, emotional distress, anxiety, depression, PTSD, sleep problems, loss of enjoyment of life, and in some cases, disfigurement or physical impairment. In rare cases involving extreme misconduct, Texas law may also allow punitive damages, which are meant to punish and deter particularly reckless behavior. Every case is different, and no lawyer can ethically guarantee a particular amount or outcome. What we can do is carefully document how the incident has changed your life and present that story in a way a jury or insurance company can understand.
Shared Fault and Defense Strategies
Texas follows a modified comparative negligence system, meaning a jury can assign fault percentages to everyone involved, including the victim. Any recovery may be reduced by the percentage of fault assigned to you, and recovery can be barred if your share exceeds the legal threshold. Defense lawyers and insurers often try to shift blame by claiming the victim made poor choices or ignored risks, including arguments that a tenant should have done more to avoid danger. Our position is that people have the right to expect property owners to follow the law and take reasonable steps to keep their premises safe.
Why Timing Matters in Texas Civil Claims
One of the most important practical issues in any Texas personal injury matter is timing. Deadlines to file a civil claim, called statutes of limitations, can be short and depend on your specific situation. In many Texas personal injury cases, that deadline may be around two years from the date of the incident, but there are exceptions and special rules in some situations. If you miss the correct deadline, you can lose your right to bring a claim, even if the negligence was obvious. It is never a good idea to wait for the criminal case to end before you talk with a civil lawyer, because criminal cases can take longer than you expect. The safest approach is to reach out to a Texas injury lawyer as soon as you feel ready so you can understand which time limits might apply to you.
Choosing the Right Lawyer After a Violent Crime
Choosing the right lawyer after a violent crime is a deeply personal decision. You need someone who understands how criminal and civil cases intersect and who you feel comfortable speaking with about painful experiences. I often say, “I’m Brad Parker, the attorney you want but hope you never need,” because no one expects to become a victim of violence. When it happens, you deserve a lawyer who treats you like family, explains the process in plain English, and is prepared to take a case to trial if necessary. Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization is one indicator of meaningful trial experience, which matters because insurance companies pay close attention to which lawyers are willing to see a case through to a verdict.
How We Support Clients at Parker Law Firm
At Parker Law Firm Injury Lawyers, we intentionally limit the number of cases we accept so we can know our clients well and focus on their stories. We work on a contingency fee basis, which most people know as “no fee unless we win,” meaning our fee is a percentage of what we recover and you don’t pay us attorney’s fees up front. We fight tirelessly for you by investigating thoroughly, bringing in experts when needed, and preparing each case as if it might go to trial, even if it ultimately settles. At the same time, we take the time to connect you with emotional and community support, including local support groups that can make you feel less alone.
Understanding the Criminal Process Alongside the Civil Case
We also understand that the criminal case can feel overwhelming. Court hearings, plea discussions, and sentencing can be confusing, and you may not always feel like your voice is being heard. While we don’t handle the criminal prosecution itself, we regularly help our civil clients understand what is happening, what to expect at different stages, and how the criminal case and civil case can affect each other.
Moving Forward After Violent Crime
If you or someone you care about has been the victim of a violent crime in Texas, you do not have to carry this burden alone or guess about your options. A conversation with an experienced personal injury lawyer can help you understand whether you may have viable civil claims, what evidence will matter, and how to protect your rights going forward. You are always welcome to reach out to us with questions. Whether you decide to hire us or not, we will do our best to give you clear information so you can make the choices that are right for you and your family. This information is for general purposes only and does not create an attorney–client relationship. You should talk with a licensed Texas attorney about your specific situation and deadlines so you can make informed decisions about your next steps.
