If a hit-and-run driver caused your injuries and fled the scene of the accident, the Cumming car accident lawyers of Jonathan R. Brockman, P.C. might be able to help. We have the resources to recover the compensation accident victims need to pay for their medical treatment and other expenses. We can also find a way to track down the at-fault driver and hold them liable for their negligence. They were the one to cause the crash and should face the consequences.
At Jonathan R. Brockman, P.C., our team of Cumming hit-and-run accident lawyers knows how to reach positive outcomes in personal injury cases. You deserve justice for what you’ve been through. You can depend on us to take over the legal responsibility and complete every step of the process from start to finish. We will be your advocate and help you fight for the financial award you deserve.
For a free consultation to learn more about how Jonathan R. Brockman, P.C. can represent you in your case, call 770-205-8827 today.
What Is a Hit-and-Run?
Drivers involved in car accidents that cause injuries or fatalities must stop and remain at the scene until they:
- Provide their name, address, and vehicle registration;
- Assist injured drivers and passengers by arranging transportation to the hospital;
- Provide other drivers with their driver’s license information; and
- Contact law enforcement and emergency medical personnel for anyone involved in the crash that appears unconscious or dead.
Someone who chooses to leave the accident scene without fulfilling their obligations could face a hit-and-run charge. The offense is a misdemeanor if there’s property damage or minor injuries. However, it becomes a felony if anyone involved in the accident suffers serious injury or death.
Steps to Take After a Hit-and-Run Accident
Since you don’t know who the at-fault driver is, medical evidence will be one of the most critical aspects of your case. After leaving the accident scene, you should hire a Cumming hit-and-run accident lawyer and seek medical treatment.
Jonathan R. Brockman, P.C. can determine your legal options and start collecting the available evidence to show you sustained injuries from the accident. After your initial evaluation, follow up with all your medical providers until you recover or reach maximum medical improvement (MMI). When your provider declares you’ve reached MMI, in their opinion, your condition is unlikely to improve any further, despite ongoing medical intervention.
Your legal team can request copies of all your medical records and other documentation to submit to the insurance company during your claim. The insurance adjuster will review the evidence we provide and perform their own investigation into what happened. They will look for any opportunity to deny an accident victim’s claim. Their goal is to save money for the insurance company, and avoiding a settlement payout to you is the perfect way to accomplish that.
If you have sufficient evidence that shows someone else was at fault for your injuries and that you suffered significant losses, it will be challenging for the insurance company to dispute your demand for compensation. Be sure to maintain records of everything related to your case. Don’t throw out any documents. We can review them to determine whether they will be helpful or not needed.
Recovering Compensation from the At-Fault Driver
If Jonathan R. Brockman, P.C. or law enforcement can locate the negligent motorist that fled the scene, you can file a claim with their insurance company. All vehicle owners must buy liability coverage with minimum limits required in Georgia:
- Bodily injury – $25,000
- Property damage – $25,000
Bodily injury coverage is meant to pay the expenses and intangible losses resulting from the accident victim’s injuries. Property damage insurance covers the cost of repairing or replacing the vehicle and the value of damaged personal items. The insurance coverage should compensate for your total losses, such as:
- Medical bills
- Emotional distress
- Physical impairment
- Disability
- Loss of enjoyment of life
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Lost wages
- Lost earning capacity
There’s a traditional fault system in Georgia, meaning the person at fault for a car crash becomes financially responsible for the victim’s losses. However, hit-and-run accidents make it challenging to determine which liability insurance company to file a claim with. At Jonathan R. Brockman, P.C., we make every attempt to find out who caused the accident so we can hold them liable. However, there are times when we can’t locate them. When that happens, don’t get discouraged. There are other options for securing compensation in an insurance claim.
Filing a UM Insurance Claim
Uninsured motorist (UM) coverage is optional coverage in Georgia. State law doesn’t require drivers to include it on their policy, but insurance companies must offer it to anyone who purchases auto insurance. UM is useful in situations where the at-fault driver doesn’t have liability coverage or fled the accident scene.
Jonathan R. Brockman, P.C. can request a copy of your auto insurance policy to determine if you have UM and what the available limits are. Most people choose to add coverage amounts similar to their liability insurance. If you purchased the minimum liability limits, you would have at least $25,000 in UM coverage.
Additionally, if you have other vehicles listed on your policy, you might be able to add up the coverages if you chose to stack your UM limits. For example, if you have $25,000 for your car and $25,000 for your spouse’s car, you could potentially combine the two for a total of $50,000 in available coverage.
Unfortunately, UM insurance companies don’t compensate for many of the intangible losses available in liability claims. When you seek a settlement from your UM carrier, the only losses you can recover include:
- Pain and suffering
- Medical bills
- Out-of-pocket costs
- Property damage
- Lost wages
- Lost earning capacity
Everyone’s policy is different, so it’s crucial that you allow your Cumming hit-and-run accident lawyer to review it before moving forward with a claim.
Requirements for Filing a Lawsuit in Cumming
If we find out who the hit-and-run driver is, you have the option of suing them. Filing a civil lawsuit requires adhering to a strict deadline known as a statute of limitations. Georgia has a two-year statute of limitations. That means you have two years from the accident date to file your lawsuit. After this timeframe passes, you won’t get another chance to bring the at-fault motorist to court.
Jonathan R. Brockman, P.C. can initiate the legal process on your behalf, so you don’t have to worry about the laws associated with this type of case. Lawsuits are often complex and can be stressful for someone unfamiliar with them to handle. We will take on each aspect of your case and ensure we don’t miss any filing deadlines. We want you to have the opportunity to hold the other person accountable for the suffering you were forced to endure.
Some situations might allow the recovery of punitive damages. Instead of compensating you for your losses, an award of punitive damages punishes the defendant and is intended to deter similar behavior in the future.
A jury will only award these damages if there’s clear and convincing evidence that the at-fault driver exhibited acts of wantonness, misconduct, malice, fraud, oppression, or showed indifference towards any consequences of their wrongdoing.
You should avoid admitting any degree of fault for the accident during your lawsuit. The jury could reduce your compensation if they determine your actions contributed to the car crash in any way. The modified comparative negligence statute requires the jury to take into account the amount of responsibility of all drivers involved in the accident. If the jury assigns a percentage of fault to you, your compensation will diminish by the same percentage.
For example, let’s say you were injured in a hit-and-run accident, and we were able to find the other driver. While reviewing the facts of the case, the jury decides the defendant was 80% at fault, but you were 20% to blame. That would mean if you have $20,000 in losses, you would only be entitled to $16,000 in compensation.
Jonathan R. Brockman, P.C. Legal Fees and Costs
The Cumming hit-and-run accident lawyers of Jonathan R. Brockman, P.C. understand the economic hardships some of our clients face. Many must take time off from work to recover and can’t afford their medical bills. Seeking legal representation seems like another expense they’re unable to afford.
We believe members of our community deserve assistance from a qualified and dedicated attorney. We will take your case on contingency, so you don’t have to pay us upfront for our legal services. We won’t expect any legal fees or costs unless we win. If we lose your case, you will never have to pay us.
Contact Jonathan R. Brockman, P.C. for Your Free Consultation
Jonathan R. Brockman, P.C. will be happy to meet with you at one of our five office locations or speak with you over the phone about your case. You won’t have to pay for your initial consultation. We will provide the guidance you need to determine the next steps you should take after a hit-and-run accident. If you hire us, we can begin working on your case immediately.
If you were in a car crash due to the negligent actions of a hit-and-run driver, do not hesitate to call Jonathan R. Brockman, P.C. at 770-205-8827. Our Cumming hit-and-run accident lawyers are standing by, ready to advise you about your legal options to seek the maximum compensation you deserve.