Legal Question in Criminal Law in California

You can file a civil suit if you have adequate grounds and evidence for it, regardless of any criminal case. You have up to two years to file any personal injury type case. so.

IF the case has MERIT [provable case with a likelihood of winning], VALUE [substantial provable damages, such as medical injuries and financial losses] and COLLECTABILITY [defendant with substantial assets or insurance to collect against], then you would have grounds to bring your legal claims in a lawsuit.

If so, feel free to contact me if serious about getting counsel.

If he hasn't been charged, how is a case 'still going on', unless you mean the police are investigating.

You don't wait. As Mr. Nelson states, there is a two year statute of limitations. The criminal case will not toll that statute of limitations, but the defendant may attempt to ask the civil court for a stay on the civil case, once it is filed.