Indiana Crash Victims: Restitution vs. Injury Claims
Prepared by Poynter & Bucheri, LLC · Reviewed by Donald Poynter, Indiana attorney · Last reviewed November 9, 2026
For someone hurt by a suspected drunk driver in Indiana, restitution and an injury claim raise different questions. The Lawrence County prosecutor’s restitution FAQ says a victim may file a civil lawsuit for damages whether or not restitution is ordered. This guide helps you prepare questions; it does not predict a result.
This resource is for injured victims and their families, not DUI or OWI defense.
Indiana drunk-driver crash: restitution and civil action
The Lawrence County prosecutor’s official restitution FAQ defines restitution as repayment of certain losses caused by a crime. It says the final decision to order it rests with the judge. In question 5, it says a victim may file a civil lawsuit for damages whether or not restitution is ordered.
That guide does not decide whether your particular claim will succeed. Ask a lawyer about the facts, who can bring a claim and which deadlines apply.
What is restitution, and does it replace an injury claim?
Restitution is money a criminal court may order a convicted person to pay the victim, the victim’s estate or a deceased victim’s family. The court considers property damage, medical and hospital costs and lost earnings before sentencing, and funeral costs in a death (IC 35-50-5-3(a)). A restitution order does not bar a separate civil lawsuit for other damages (IC 35-50-5-3(e)).
Can Indiana’s victim compensation fund help after a drunk driver crash?
A motor-vehicle crash counts as a “violent crime” for Indiana’s Violent Crime Victim Compensation Fund only if it is a felony or Class A misdemeanor causing bodily injury or death and the driver was charged under IC 9-30-5 (IC 5-2-6.1-8). Applications go to the victim services division of the Indiana Criminal Justice Institute (ICJI), which the statute calls “the division” (IC 5-2-6.1-2). See the ICJI victim compensation page for current program rules.
Questions for the prosecutor’s office
- Who is the victim-assistance contact for this case?
- How can I learn about hearings and case updates?
- What loss records should I provide for a restitution request?
- How do I ask about taking part in a hearing?
These are questions, not a statement that each request will be granted. This page does not list offense grades, sentencing ranges or every victim right.
Questions for an injury lawyer
- Who may bring a claim in my situation?
- What deadlines or notice rules apply?
- What facts and policies need review?
- How could a criminal result affect the injury claim?
- If a business served alcohol, what law and evidence would need review?
This page does not determine bar liability or the effect of an acquittal on your injury claim.
Checking public case information
Indiana MyCase warns that its information is not an official court record and may contain errors or omissions. Official records come from the court that keeps them.
For a private list of records, use the organizer. For practical early steps, see first days.
Talk with the firm
You can call Poynter & Bucheri at (317) 780-8000 for a free case review. Ask about the terms of any work before you agree to it.
Poynter & Bucheri represents people injured in motor vehicle crashes in Indiana.
Our fee is only 25%* on motor vehicle accident cases.
No fee and no costs unless we recover for you. Calls answered 24/7 (office staff Mon–Fri 9–5; answering service after hours).
Free case review Call (317) 780-8000
*The 25% fee is 25% of the total recovery in motor-vehicle cases (car, truck, motorcycle, scooter, bicycle or pedestrian struck by a vehicle), including bar or host claims arising from them, settled prior to trial. If there is no recovery, the client owes no fee. Case costs and expenses paid by the firm are reimbursed from any settlement or recovery. This 25% fee is valid for 15 days after the date last advertised.
Poynter & Bucheri resource · 4202 Madison Ave., Indianapolis, IN 46227. This is a private law-firm resource, not a government, police or nonprofit site. General information only; not advice about your case. For a correction, use our contact form or call (317) 780-8000.