Hit-and-run accidents can be particularly problematic for victims. Many victims want to be able to face the person who caused their injuries, and this is often impossible if you cannot find a hit-and-run driver. Although the road to recovery can be challenging psychologically and medically, it is important to remember that you have rights during this process. Perhaps one of your most important rights is the right to take legal action alongside an experienced personal injury attorney in Texas.
Your Right to Take Legal Action
After being struck and injured by a hit-and-run driver, you have the right to take legal action. While it is true that the state initiates and prosecutes criminal cases, you have the right to file an additional lawsuit in civil courts. The criminal justice system may put hit-and-run drivers behind bars, but it cannot provide you with compensation for your damages (except in the rare case of punitive damages).
In contrast, a civil lawsuit can provide you with compensation for both economic and non-economic damages. Remember, you have the right to file a lawsuit without actually paying any legal fees up-front. Many law firms today – including Hernandez Law Firm – receive “contingency fees” for their services. In other words, you do not have to pay your lawyer anything until they win compensation on your behalf. If there is no recovery, there is no fee.
You Have the Right to Receive Updates About the Criminal Investigation
Despite the fact that criminal courts and civil courts approach hit-and-runs differently, there is some overlap. A criminal investigation can help track down a hit-and-run driver if they managed to escape the scene. Since Texas is an “at-fault” state when it comes to car accidents, you may need to locate the hit-and-run driver before filing a lawsuit. As a result, you may be somewhat dependent on local law enforcement to find the person responsible for your injuries.
You are perfectly within your rights to call your local police department and ask how the investigation is going. You should also receive regular updates about the investigation, and this may help provide hope as you pursue closure.
You Have the Right to Receive Compensation
As previously noted, a personal injury lawsuit can lead to compensation for both economic and non-economic damages. Economic damages, including financial losses – such as medical expenses and missed earnings. Non-economic damages are more complex, and they might include things like depression, PTSD, loss of enjoyment of life, disfigurement, and emotional distress.
If your lawsuit is successful, you should receive compensation for all of your various damages. However, you need to prove that these damages are legitimate – and you should collect evidence of your losses. Medical receipts and income statements can help prove your economic damages. Evidence of non-economic damages is more complex, and you should speak with a lawyer to learn more about what might help prove these psychological losses.
You Have the Right to Collect and Offer Your Own Evidence
Those who are injured in hit-and-runs may have important evidence. For example, you might have filmed the guilty driver fleeing the scene with your phone as you lay on the road. Perhaps you remember their license plate number. You might have noticed distinguishing features on the vehicle, such as a dented bumper or aftermarket modifications. Whatever the case may be, you have the right to provide this evidence to the relevant law enforcement agencies.
Your Rights After Losing a Family Member to a Fatal Hit-and-Run
If you have lost a loved one to a fatal hit-and-run in Texas, you may have the right to file a wrongful death lawsuit. As the name implies, this type of lawsuit can provide compensation for the various losses associated with death. Generally speaking, close relatives file wrongful death claims. These are usually parents, spouses, or adult children of the victims. If these family members are not available, relatives such as siblings and grandparents may be able to sue.
You Have the Right to Contact a Personal Injury Lawyer in Texas
After a hit-and-run accident in Texas, you have the right to contact an experienced personal injury lawyer for guidance and assistance. During your first consultation, you can discuss the potential next steps. Even if the police have not yet located the driver responsible for your accident, you can still take certain steps alongside your lawyer. An experienced attorney may be able to help you find evidence and clues. Contact Hernandez Law Firm today at (936) 256-3115 to schedule a consultation.
