In Louisiana, as in most states throughout the country, it is illegal for a driver to flee the scene of a car accident. Unfortunately, some drivers still drive away in an attempt to avoid responsibility. This can leave the victim of the hit and run accident upset and understandably angry, but more importantly, it can jeopardize their chance of recovering compensation from the responsible driver.
With help from a Lafayette hit and run accident lawyer, victims of these crimes may stand a better chance at recovery. If you or a loved one suffered an injury in a hit and run accident, contact a skilled car accident attorney quickly to discuss your options.
Gathering Evidence in a Hit and Run Case
There are several kinds of evidence that can have a tremendous impact on the outcome of a hit and run accident case. Testimony from the victim and any available eyewitnesses can be of paramount significance.
If the accident occurred near a place of business or a traffic light with a camera, an experienced Lafayette hit and run accident attorney may be able to acquire video footage of the crash from surveillance equipment. This is one reason why contacting a lawyer early on in a case may be important, as such footage may be overwritten or lost as time goes on.
Unfortunately, sometimes there is a dearth of dependable evidence available. In these cases, it may be necessary to recover from the victim’s own insurance company. Seasoned legal counsel may be able to help plaintiffs navigate the complex wording of their insurance policies to argue for an appropriate payout.
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Uninsured Motorist Insurance Coverage
When the offending driver cannot be found, the victim of a hit and run accident may need to recover compensation from their insurance carrier. In Louisiana, it is mandatory that auto insurance policies have uninsured motorist coverage, though the customer can reject this coverage in writing if they so choose.
Uninsured motorist coverage applies to accidents in which the offending driver does not have insurance, and the total amount of such coverage in a policy must equal or exceed the amount of liability coverage in that policy. Sometimes, insurance companies may refuse to pay compensation or offer significantly less than the value of a victim’s damages.
In these cases, the best course of action is usually to retain a hit and run accident lawyer in Lafayette who has handled these kinds of cases before. With their help, an injured plaintiff may be able to present a solid case in court and recover the money they need from their insurance carrier to get their life back in order.
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What Happens If They Eventually Capture the Hit and Run Driver
The insurance issues surrounding hit and run accident losses can be complicated. Let’s say that you already paid the deductible on your automobile insurance policy and your insurance company paid some of your losses.
Afterward, law enforcement captures the hit and run driver. What happens to the money that you and your insurance company paid? Typically, you will get reimbursed for your deductible, and your insurance company will get reimbursed for the money they paid by the hit and run driver’s insurance company.
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Damages in Hit and Run Accident Injury Claims
The vast majority of hit and run drivers either turn themselves in or get caught by the police. When that happens, and the hit and run driver gets charged with the accident, the people they injured can seek money damages for their losses.
There is no predetermined dollar amount that the victims of hit and run collisions can automatically get for their injuries. Every car accident injury case is different. The amount of money damages you can pursue will depend on the unique facts of your situation.
Here are some of the common types of compensation people can be awarded in these cases:
- Lost income. If you missed out on paychecks for the time that you could not work because of your injuries, you have a financial loss. This category can include lost wages, salary, self-employment, and other types of regular income. Also, if you cannot make as much money as before because of your injuries, you have future lost wages for your decreased earning capacity.
- Medical expenses. The reasonable cost of the medical treatment you needed for your wounds is usually recoverable. From the ambulance and emergency room to the doctors, hospital, surgery, physical therapy, and prescription drugs, your medical expenses can be a part of your injury claim.
- Pain and suffering. Getting your medical expenses paid is a good thing, but it does not address what you suffered as a result of the accident and your injuries. Pain and suffering damages are for the physical discomfort and emotional distress of the accident, in addition to your medical bills.
- Other intangible losses. You might have additional non-economic losses like disfigurement from scars, loss of enjoyment of life, and post-traumatic stress disorder (PTSD).
These are merely a few of the types of money damages that a person might pursue after getting injured in a hit and run accident.
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How You Can Afford to Hire a Lafayette Hit and Run Accident Lawyer
You do not have to be wealthy to have our law firm represent you in your hit and run accident injury claim. These cases fall within the category of personal injury claims. We handle these and other personal injury claims on a contingency fee basis.
With this type of fee arrangement, you do not pay any upfront legal fees. We work tirelessly on your case until the very end. At that point, we receive a portion of the settlement proceeds or jury award. In other words, we do not get paid until you win.
Are Punitive Damages Available for Hit and Run Accidents?
Punitive damages are used as a way of punishing civil offenders for grossly negligent behavior and are a category of damages wholly distinct from economic and non-economic damages. Intended to act as a disincentive for similar future behavior, these damages are only available in very limited circumstances in Louisiana. A common example of a case that could result in the victim being awarded punitive damages is a drunk driving accident that results in serious injury.
Since punitive damages are very limited under Louisiana law, they do not apply in most hit and run accidents. However, anyone who thinks their case involves an extreme degree of negligence, reckless disregard for the safety of others, or an intentional act should discuss the possibility of punitive damages with their legal counsel.
Get in Touch with a Lafayette Hit and Run Accident Attorney
If you experience a hit and run accident, there are several options for recovery that you could discuss with a knowledgeable Lafayette hit and run accident lawyer today. Contacting an attorney early on could help greatly with the search for evidence regarding the identity of the offending driver.
Just because the driver fled the scene of your accident does not mean you are barred from the compensation you deserve. Call Laborde Earles Injury Lawyers today for a free consultation to get started on your case.
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