A hit and run accident is one of the most traumatic events a person may experience. It takes a physical and emotional toll to deal with serious injuries, financial loss, and the uncertainty of how to move forward. You need a hit and run accident lawyer in Mesquite to protect your rights when filing an injury claim.
With over 60 years of combined legal experience, H&P Law will do all we can to help you move beyond this incident. You can trust that our Mesquite car accident lawyer will be by your side and help you recover the compensation you deserve in such a challenging situation.
What Happens in a Hit and Run Accident to Your Claim
In a typical car accident, the victim files an insurance claim against the at-fault party’s liability insurance policy, documents their losses, and receives compensation. You do not know who that party is in a hit and run accident, which complicates matters significantly. However, there are still strategies available to you.
Many car owners carry uninsured/underinsured motorist coverage, a policy you purchase to protect you when the other driver lacks insurance. These policies can apply in a hit and run accident, meaning your insurance company should provide coverage for your losses up to the coverage limits. If you do not learn who is at fault, this is often the first step.
Many times, police determine who is responsible for these accidents, and if that is the case, you have the right to file a claim against their liability insurance for your losses. Investigations from your car accident attorney may also reveal additional information about fault, which can bolster your case further. You can also file a lawsuit against those parties involved with the help of a Mesquite personal injury lawyer.
How a Mesquite Hit and Run Accident Lawyer Can Help You
Hiring a hit and run accident attorney in Mesquite gives you the resources necessary to hold those who hurt you accountable. Even once you learn who is at fault, seeking a claim is not simplistic. Your experienced legal team can offer guidance in multiple ways:
- Investigate the incident: Your attorney will have the resources to seek out those at fault for your accident, including using evidence, accident reconstruction, and other resources to determine who is at fault.
- Document your losses: You must verify all of your losses for medical bills, lost wages, and pain and suffering so you can file a maximum claim with the insurance company.
- Negotiate compensation and recovery: Insurance companies – even those representing you – will do whatever they can to reduce the compensation paid out. Your attorney fights just for your recovery.
Expect H&P Law to be aggressive in seeking fair compensation for you for any potential party responsible for your losses. If and when the police determine fault, we will be there to guide you in recovering damages in all ways allowable.
Damages in a Hit and Run Accident
If you are hurt in an accident caused by a hit and run driver, you have losses, which are monetary and other types of damages you suffered because of that accident. The law allows you, as the victim, to seek compensation from the at-fault party or their insurance company for any losses you can demonstrate through evidence. There are two key types of damages you may be owed.
Economic damages are the first component, and often are extensive. This includes all medical bills related to the accident, including current and prior charges for medications, treatments, surgeries, hospitalizations, and follow-up care. It also includes future medical care costs, in-home support, and home modifications. Economic damages include lost wages and benefits, loss of earning capacity, damage to your vehicle, and much more.
Non-economic damages are less specific and harder to calculate, but they make up a significant amount of your loss. This may include pain and suffering from the injury through your recovery, as well as mental anguish and emotional trauma brought on by the experience. You may also suffer from intense changes to your quality of life, loss of consortium due to damage to relationships, and disfigurement. These damages are harder to put a number on, but they are very much a part of your case.
Punitive Damages
Though less common, punitive damages are awarded to victims in cases where harm is severe, such as due to serious recklessness or intentional acts. These damages may be awarded for various reasons and have different values depending on the outcome of the accident. The court may elect to provide these additional losses to you.
Common Types of Damages You May Be Able to Recover
Victims of a hit and run accident should seek medical care, document all implications to their lives, and keep track of any emotional or other complications they are facing throughout the recovery process. These are damages, or costs, related to your accident that you must document, value, and claim. Some of the most common examples of hit and run-related damages include:
- Medical losses related to emergency and ongoing care
- Lost wages and benefits
- Financial losses related to mental health support sought
- Property damage to vehicles and other belongings
- Pain and suffering damages
- Permanent disfigurement
- Catastrophic injury-related support
The support of our Mesquite hit and run accident attorney ensures you always know what your losses are. It is quite common for victims not to realize the sheer impact this type of accident can have on their health and well-being, not to mention their futures. With our legal team, the objective is always to maximize your claim by looking at every way you suffered due to this accident.
Catastrophic Injury Losses
For individuals who have serious injuries and permanent losses, including loss of hearing or sight, disability, loss of mobility, or amputations, the damages you recover must be more than the standard injury-specific losses.
With the help of our Mesquite hit and run accident lawyer, you will gain a better understanding of what all of these losses are. We work to consider your long-term needs and your inability to work or care for yourself, through no fault of your own.
Dealing with Insurance Claims
Those who are facing serious injuries and losses after a hit and run accident often find themselves dealing with insurance company complications. It seems easy enough to submit and claim and move on, but that is rarely what occurs, as it is very common for insurance companies to make it challenging for you to recover losses.
Here are some of the most important things you need to know about these accident claims.
- You have the right to file a claim against your own insurance if you have uninsured motorist coverage. After your accident, you may find it challenging to recover damages if the insurance company denies you. However, you purchased this type of insurance just for this need.
- Insurance companies often attempt to minimize payouts, even when claims are valid. Even if they seem nice to you, their job is to reduce any compensation paid out. Do not believe that the first settlement is all that they will or can provide to you.
Because of the complexities in these cases and the importance of having exceptional evidence, we strongly encourage you to hire a Mesquite hit and run accident lawyer to represent you.
Once you bring an attorney into the picture, the insurance company takes you seriously, and they know you know your rights. Let us become the advocate you need in these situations.
Comparative Negligence in Nevada Explained
Nevada operates on a system of modified comparative negligence (NRS 41.141). This is important when you may be partially at fault for the accident. Under this rule, also known as the 50% bar rule, you can file a claim for your losses only if you are found to be 50% or less at fault. If you are found to be more than 50% at fault, you cannot seek any compensation.
This means that if you are found to be 30% at fault in the accident, you can file a claim for your losses against the at-fault party. However, the compensation you receive is reduced by the percentage of fault attributed to you, in this case, 30%. This is a significantly limiting rule and one that can make it challenging to recover damages.
For this reason, work with our Mesquite hit and run accident lawyer to demonstrate that you are not at fault in any way, or if you are at fault, that the percentage of fault is far lower, and not more than 50%. We will gather evidence to build your case and work to ensure that the insurance company treats you fairly in these situations. Do not assume they will. Insurance companies will notoriously fight to prove you were more at fault than you were to reduce their need to pay you.
What to Do if You are Labeled at Fault
If the insurance company or police state that you are at fault in the accident, or that you are more than half at fault, we encourage you not to fight with anyone at this time. Instead, let us work to build evidence and documentation that shows this is not the case.
In every situation, you can expect our legal team to work on your behalf to reduce any fault or reduce the fault percentage as much as possible to protect your right to recovery.
What to Do Right After a Hit and Run Accident
When a hit and run accident occurs, what you do in those initial moments plays a role in the outcome of your case, including whether you can file a claim and what that claim may be worth. Most likely, you have already navigated through those first moments, but the following outlines what you can ideally do by having some foresight. Our hit and run accident lawyers in Mesquite recommend the following:
- Call 911 immediately so that police arrive as quickly as possible. If the person stops, even briefly, and you are safe, take a photo of any part of their vehicle.
- Be sure you are safe. Focus first on protecting yourself from further injury.
- Gather any details from the accident, including photos and videos of the area surrounding you and photos of your vehicle’s damage.
- The police will ask for a statement from you. Provide only the facts based on what you specifically know.
- Pursue medical care. Do not avoid going to the hospital for evaluation. You may not realize how hurt you are. Moreover, this initial visit helps document injuries you most likely sustained directly from the accident.
- Cooperate with the police, but ensure you are not making any statement that would later be construed as admitting fault.
- Avoid sharing too much information about your health and well-being on social media or other channels.
- Do not wait to contact an attorney. You have a two-year statute of limitations (NRS: Chapter 11) applied to your ability to file a claim against the at-fault party.
By taking these actions, you are making steady progress toward getting results from those responsible for your losses. Let the police and your attorney work to find the at-fault party while you focus on your recovery.
Schedule a Free Consultation with Our Mesquite Hit and Run Accident Lawyer Today
Contact H&P Law now to learn more about your rights after a hit and run accident in recovering damages.
Our Mesquite hit and run accident attorney has decades of experience to use to build your case and aggressively maximize your compensation. Schedule a free consultation to learn your rights.
