When a crime is committed against you, the criminal justice system moves on its own timeline and toward its own goals. The prosecutor represents the state, not you. The outcome of a criminal case, whether a conviction, a plea, an acquittal, or no charges at all, does not determine whether you have the right to pursue compensation for what was done to you. Texas civil law gives crime victims a separate path, and that path is worth understanding.
Herrera PLLC represents crime victims in civil claims across the Houston area and statewide. If you or someone you love was harmed by the violent or negligent conduct of another person or a business, the civil system may offer remedies the criminal process cannot.
The Criminal Case and the Civil Case Are Not the Same Thing
Many victims do not realize that a civil lawsuit operates completely independently of the criminal case. You do not have to wait for the criminal process to conclude. You do not need a conviction to pursue a civil claim. The standards are different. In a criminal case, guilt must be proven beyond a reasonable doubt. In a civil case, the standard is a preponderance of the evidence, meaning it is more likely than not that the harm occurred and the defendant is responsible. That lower threshold means victims who saw a criminal case reduced, dismissed, or never filed still have meaningful legal options.
A civil claim is also yours to control. You are the one who decides whether to pursue it, how to pursue it, and whether to accept a settlement. The prosecutor makes those decisions in the criminal case. In the civil case, you do.
It May Not Just Be the Person Who Hurt You
One of the most important things a crime victim can learn early is that the person who committed the act may not be the only party responsible in a civil case. Property owners, businesses, landlords, and employers can all be held liable when their negligence created conditions that made the crime possible or failed to prevent foreseeable harm.
A violent attack in an apartment complex with a history of security problems may give rise to a negligent security claim against the property owner. An assault at a bar or venue where staff over-served an obviously intoxicated person may involve liability on the part of the establishment. A robbery in a poorly lit parking lot maintained by a business may point to a failure to provide reasonable safety measures for customers. An employee who commits a crime in the course of their duties may expose their employer to liability as well. These defendants typically have insurance, which means there is a real source of recovery behind the claim.
Common Civil Claims Arising from Criminal Acts
Civil cases brought by crime victims can take several forms depending on the facts. Assault and battery claims address the direct physical harm caused by the attacker. Negligent security claims target property owners and businesses that failed to maintain reasonable safety measures. Premises liability claims cover situations where dangerous conditions on someone else’s property contributed to the harm. Dram shop claims apply when a bar, restaurant, or other alcohol-serving establishment contributed to the situation by over-serving someone who then caused harm. Sexual assault claims can be brought against the perpetrator directly and, in many cases, against institutions or employers who knew or should have known about the risk and failed to act.
You Do Not Have to Wait and You Do Not Have to Go Through This Alone
The period after a crime is committed is disorienting. Dealing with law enforcement, medical treatment, insurance, and the emotional aftermath of what happened is already overwhelming. Adding a civil lawsuit to that picture can feel like too much. But waiting has real consequences. Texas law imposes deadlines on civil claims, and evidence, witnesses, and documentation become harder to preserve the longer time passes.
An early conversation with an attorney does not commit you to anything. It gives you information about what your options are, what the process looks like, and what you may be entitled to recover. Herrera PLLC handles these cases with the seriousness and discretion they deserve.
Contact Herrera PLLC
Herrera PLLC represents crime victims in civil claims across the Houston area and statewide. If you or a family member was harmed by the conduct of another person or the negligence of a business or property owner, contact the firm today for a free, confidential consultation.
