Recently, in Sarasota, a devastating hit-and-run accident left a family mourning the loss of two young children and a mother fighting for her life. Making the situation even more devastating is the fact that the driver initially left the scene of the accident, not stopping to help or identify themselves. While the suspected driver has since cooperated with police, hit-and-run accidents like these happen every day somewhere in Florida, leaving many families confused about what to do next.
If you have suffered an injury due to a negligent driver—regardless of whether it was a hit-and-run—you deserve compensation to make things right. Probinsky & Cole has the experience you need to find success, and we are here to help.
How Do Hit-and-Run Accidents Affect Personal Injury Lawsuits?
Florida requires all drivers involved in accidents resulting in injury or death to remain at the scene and provide assistance, as well as provide information such as license and insurance. Shirking this duty after a minor accident leads to lesser charges, but severe felony charges are on the table if the accident results in serious bodily harm or fatalities.
Even though the law is clear, whether or not someone faces criminal charges is not the end all be all of any personal injury case. Criminal proceedings are entirely separate from civil lawsuits, and the lack of criminal charges does not hinder you from filing a lawsuit. However, the presence of a hit-and-run can strengthen a personal injury case by demonstrating negligence and reckless disregard for human life.
The fact that a driver fled the scene can also be a boon during settlement negotiations with insurance companies handling the case. Most personal injury cases conclude before they go to court because both sides typically want a quick, fair agreement. However, when a hit-and-run occurs, insurance companies may be more inclined to settle faster, for higher amounts, due to the clear evidence of wrongful conduct. When you work with experienced personal injury attorneys, they understand what a case with similar injuries is typically worth—and how a hit-and-run can increase that dollar amount.
Ultimately, while a criminal conviction may support a personal injury lawsuit, it is not a requirement for pursuing compensation. The burden of proof for Florida personal cases is lower than that for criminal trials, and you might have an easier time seeking justice and compensation even if the at-fault driver avoids criminal penalties.
Factors That Might Strengthen a Hit-and-Run Personal Injury Case
With so many cars on the road and thousands of accidents every day across the United States, there are many, many injuries of all types. But as we can see from the tragic news of the recent accident, the outcomes can be even worse. Some of the factors that can significantly increase the strength and value of a personal injury lawsuit include:
- Fatalities Instead of Injuries: Wrongful death claims generally lead to larger settlements than injury claims. While money can never replace what is lost, it helps rebuild the lives of the family members affected by the accident.
- Severe or Lifelong Injuries: If a survivor sustains catastrophic injuries requiring long-term medical care or permanent disability assistance, the compensation claim is significantly stronger. Instead of being an accident forgotten after a few years, it is a constant, lifelong struggle.
- Driver’s Negligence and Recklessness: Punitive damages in Florida cap out at 500 thousand dollars. Evidence of gross negligence, such as speeding or intoxicated driving, can justify punitive damages that significantly increase the total compensation. While fleeing the scene of the accident does not automatically mean that the driver was negligent before the crash, it does show some proof of malicious or negligent behavior and ways of thinking.
Hit-and-run accidents are difficult to recover from, but they are not wholly unique. Anyone in Florida injured after a car accident should call Probinsky & Cole to learn how our personal injury attorneys can fight on your behalf for just compensation. Don’t suffer from your injuries without pursuing action against negligent drivers.
