The overlooked challenge in personal injury claims.
When someone suffers life-changing injuries in a road traffic collision, the legal process is rarely the only challenge they face. Alongside the civil personal injury claim runs a criminal investigation into how the collision occurred and who was at fault.
For many clients and their families, that criminal process feels like a crucial part of finding closure. It can confirm accountability and help them move forward. Yet criminal proceedings do not always conclude as expected. Sometimes cases are discontinued, not because the evidence is weak, but due to external factors — a defendant’s ill health, or, in some cases, their death.
This leaves clients facing an unsettling reality: the civil claim continues, but the sense of resolution they hoped for from the criminal case is suddenly gone.
Criminal Investigations and Civil Claims: Two parallel tracks
In serious injury cases, two processes often run side by side.
- The criminal investigation examines whether a crime has been committed — for example, causing serious injury by dangerous driving — and can result in prosecution.
- The civil claim seeks to secure compensation for the injured person, ensuring they have the financial resources to support rehabilitation, treatment, and long-term care.
Ideally, the criminal case concludes first. For the injured client, that outcome — whether it results in conviction or acquittal — can provide emotional certainty. They know where they.
But when the criminal side stalls or is discontinued, the client is left with unanswered questions.
The human cost: When closure is taken away
Every client reacts differently. Some feel anger and resentment, others lean towards forgiveness or even indifference. But when a criminal investigation ends without resolution, those emotions can become more complex.
Clients may feel:
- Frustrated that justice has not been seen to be done.
- Conflicted about pursuing compensation when criminal accountability is unresolved.
- Unsettled by the lack of closure, which can hinder emotional recovery.
At Moore Barlow, we often see how these emotions can weigh as heavily as the physical injuries themselves. It is an incredibly difficult position for clients and their families.
The lawyer’s role beyond law
In these moments, the role of a personal injury lawyer extends beyond legal advice. Yes, we are here to manage the civil claim and ensure clients receive the compensation they deserve. But just as importantly, we are here to help them navigate the human side of the process.
That means:
- Listening carefully to how clients and families are feeling.
- Acknowledging that unresolved criminal proceedings add another layer of complexity.
- Guiding clients with clear communication so they understand what is happening and why.
Legal expertise matters. But so does empathy. A lawyer who recognises both the technical and emotional journey can make an immeasurable difference.
Supporting clients through uncertainty
At Moore Barlow, we have developed approaches that combine expert legal work with supportive client care.
Some of the strategies we use include:
- Regular updates — even when there is little progress to report, knowing their lawyer is thinking about them helps clients feel supported.
- Managing expectations — being honest about what the civil claim can achieve, especially if the criminal side has ended.
- Signposting to wider support — whether that is counselling, rehabilitation specialists, or support groups.
In one case, where criminal proceedings were discontinued following the defendant’s ill health, we worked closely with the family to focus on what the civil claim could achieve: securing funding for essential care and rehabilitation. By reframing the claim as part of their future security rather than just legal process, they were able to find some measure of peace.
Beyond compensation: A human-centred approach
Personal injury law is not only about financial settlements. At its heart, it is about people — their recovery, their wellbeing, their futures.
When criminal investigations do not conclude, the journey becomes even harder. But by combining legal expertise with empathy and understanding, lawyers can help clients manage not just their claims, but also the emotions that come with them.
That is what sets apart a human-centred approach to personal injury law.
How Moore Barlow can help
At Moore Barlow, our serious injury team has extensive experience guiding clients through both the civil and criminal dimensions of their cases. We understand the complex emotions that arise when criminal proceedings are discontinued, and we are committed to providing the legal expertise and personal support you need.
Download our free guide: Criminal Investigations in Personal Injury Claims – What Clients Need to Know.
