What “suing” actually means here
Most DUI-victim recoveries are insurance claims resolved by settlement — the lawsuit is the pressure behind them, filed when insurers undervalue. So the real question isn't courtroom appetite; it's whether money exists to recover: their liability policy, an employer's coverage if they drove for work, umbrella policies, your own UM/UIM, and — uniquely in DUI cases — the driver's personal assets, because punitive exposure isn't insurable and makes those assets reachable.
The three-factor calculus
Your damages. Real injuries with real treatment anchor everything; without them, even a drunk defendant yields little.
Their coverage. A insured drunk driver is a normal claim with extra leverage — nearly always worth pursuing. An uninsured one shifts the path to your own UM coverage, with the personal claim as a secondary track.
Their collectability. Wages, property, a career that can't survive judgments (licenses, clearances — a live consideration in a military town) make personal claims real; genuine judgment-proof defendants make them symbolic. Honest offices tell you which you have.
How long does it take?
Insurance-resolved claims: months after treatment stabilizes, same as any injury case — the conviction often accelerates it. Litigated claims with punitive counts: a year or more, justified when the numbers justify it. Chasing personal assets post-judgment: longer still, and only sensible against collectable defendants.
The bottom line
With injuries and any coverage in the picture, pursuing it is nearly always worth it — the leverage runs in your favor and the criminal case feeds yours. The exceptions are real but identifiable on day one: bring the facts, get the honest math, decide from there.
