When a driver flees the scene of an accident, it can leave you in a difficult, stressful situation. Determine what to do next by working with a Baton Rouge hit-and-run car accident lawyer.
In Louisiana, if a driver hits you and does not stop to provide reasonable aid and offer his or her personal information, that driver is committing a crime. The individual can be fined and sentenced to imprisonment if convicted in court.
This, however, will not help you financially. To recover financial damages for your injuries and other losses, you need to hire a Baton Rouge hit-and-run car accident lawyer from Spencer Calahan Injury Lawyers to seek compensation on your behalf.
Your Legal Options After a Hit-and-Run
Getting hurt in a hit-and-run is traumatic and is only made worse by the driver leaving the scene. You need to contact the police, file a report, and hopefully they will find the driver. Afterwards, you have two main legal options:
File a Claim with Your Insurance Company
Your policy may provide coverage in the event of a hit-and-run. We can go over yourinsurance policy with you to determine what your rights are and negotiate on your behalf with the insurance company. If the driver is never found, this is your only recourse.
Sue the Driver
If the driver is found, you should sue them for financial damages, including the mental anguish caused by his or her leaving the scene.
File Your Personal Injury Lawsuit Quickly
It may take time to locate the other driver, but as soon as the police do, you need to hire an attorney and file a lawsuit. Otherwise, you risk running into Louisiana’s one-year liberative prescription and being unable to sue. If we have already been retained to negotiate with your insurance company, it will be faster and easier for us to file suit against the driver once he or she is identified.
You Still Need to Prove Fault
Leaving the scene of an accident is illegal, and it will be easy to prove that this happened. This does not eliminate the need to prove who was at fault for the actual accident.
Negligence must be established, and we will do so by gathering evidence. The police accident report and your medical records will help us do so, along with any photos, video, physical evidence, and witness testimony.
Money for Your Crash Injuries
How much money you receive will partially depend on whether you can sue the hit-and-run driver. For example, if your only recourse is a personal auto insurance policy, there may be limits on what damages you qualify for. We can work on your behalf to get as much as possible from the insurance company.
If you can file a claim against the driver, your chances for a large settlement are increased. This is because we can request non-economic damages for pain and suffering and punitive damages to punish the other driver for the criminal behavior. It is likely that a jury will award them in a hit-and-run case, increasing the overall value of your claim.
You should also recover economic damages, such as the following: