A hit-and-run accident in Central Florida can leave you feeling powerless and unsure of your next steps. After the initial shock and addressing your injuries, you may wonder if you have a case for a Florida hit-and-run lawsuit, and how suing for hit and run damages like medical bills, lost wages, and property damage works when the responsible party has fled? The good news is that Florida law often allows you to pursue compensation, even if the at-fault driver isn’t immediately identified, and our firm is here to guide you through the hit-and-run legal process.

Florida’s Statute of Limitations – Act Quickly To Protect Your Rights

As of March 24th, 2023, Florida law gives you two years from the date of a hit-and-run to file a personal injury lawsuit based on negligence — a significant change from the previous four-year window. Certain exceptions, such as for minors, incapacitated victims, or if the at-fault driver is hiding or out of state, may extend this deadline. For wrongful death claims, the two-year period begins on the date of death (not the accident date). Because these exceptions are specific, it’s best to consult an Orlando car accident attorney to determine your exact deadline.

Understanding Modified Comparative Negligence in Florida

Florida’s modified comparative negligence rule means you cannot recover damages if you’re more than 50% at fault; if you’re 50% or less at fault, your compensation is reduced by your percentage of fault. This makes evidence preservation and prompt legal action especially critical in Florida hit-and-run lawsuits.

Civil vs. Criminal Hit-and-Run Legal Process – Knowing the Difference in Proceedings

A hit-and-run is both a criminal offense and grounds for a civil lawsuit. Criminal cases are prosecuted by the state and can result in jail time, fines, and license suspension for the driver. Civil lawsuits allow victims to seek compensation for medical bills, lost wages, pain and suffering, and property damage. Your right to sue for hit and run damages is independent of any criminal prosecution, so you can pursue a civil claim even if the driver is not charged or convicted.

Suing For Hit and Run Damages – Legal Requirements and Steps

When Can You File a Florida Hit-and-Run Lawsuit?

To file a Florida hit-and-run lawsuit, you generally must:

  1. Identify The At-Fault Driver. Police or witnesses must identify the responsible party; you cannot pursue a traditional lawsuit against the driver otherwise.
  2. Suffer Serious Injuries. Florida’s “serious injury” threshold must be met for you to step outside of the no-fault Personal Injury Protection (PIP) system.
  3. File Within the Deadline. As discussed, you must file within the two-year statute of limitations (with some exceptions).

What If The At-Fault Driver Isn’t Found?

If the driver is never found, you can’t sue them directly, but you may still recover compensation through an uninsured motorist (UM/UIM) claim in FL, which can pay for medical expenses, lost wages, and pain and suffering, even when the at-fault driver is unknown or underinsured. If you have multiple vehicles with UM coverage, you may be able to stack benefits for greater recovery, depending on your policy.

The Hit and Run Legal Process – What to Do After an Accident?

Preserving evidence is critical in hit-and-run cases, as proving fault and damages is often more challenging when the at-fault driver is unknown or disputes arise. Here’s what to do:

  1. Call the police and file a report to start an investigation.
  2. Collect witness statements, photos of the scene, your vehicle, and any visible injuries. Note details about the other vehicle (make, model, color, direction of travel). Check for nearby surveillance cameras.
  3. Even if you feel fine, get checked by a doctor. Prompt care documents your injuries and supports your claim. If your injuries happened while working or in a work vehicle, you may also have a workers’ compensation claim.
  4. Report the accident to your insurer and ask about uninsured motorist coverage. Provide all documentation and cooperate with their investigation.
  5. Consult with an experienced Central Florida hit-and-run lawyer. We can guide you through the legal process, help you understand your rights, and pursue all available compensation.

Take the Next Step – Get a Free Case Review and Protect Your Rights

If you or a loved one has been hurt in a hit-and-run accident in Central Florida, don’t navigate the legal process alone. With decades of experience and a commitment to client care, Frank Eidson is here to help you understand your options, file a Florida hit-and-run lawsuit if possible, and secure the compensation you deserve. Call 407-245-2887 or contact us online for a free, no-obligation case review today.