West Palm Beach Hit and Run Accident Lawyers
A West Palm Beach hit-and-run accident lawyer can help you determine whom to file a claim against and the amount of damages you may be entitled to recover. Let the experienced attorneys at Smith & Vanture, LLP help you get the compensation you deserve.
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Schedule a Free ConsultationWest Palm Beach Hit and Run Accident Lawyers
If you are a victim of a hit-and-run traffic accident, the legal consequences are more severe than in ordinary traffic accidents. The main consequence of a hit-and-run in a civil injury lawsuit is the fact that the plaintiff will likely recover punitive damages. Punitive damages are generally available when the person being sued (the “defendant”) intentionally or recklessly causes harm or acts in a particularly egregious manner.
The person suing (the “plaintiff”) is entitled to damages that compensate him or her for medical expenses, pain and suffering, lost wages, etc. These types of damages must be proportionate to the harm caused and are not based on the defendant’s behavior.
Punitive damages, however, are designed to punish and prevent bad conduct by serving as a warning to others. They are calculated not only in proportion to the defendant’s lack of morality but also how much money it would take to effectively punish the defendant. In other words, the richer or poorer the defendant, the higher or lower the punitive damage amount will be.
If you or your loved one was injured as a result of a hit-and-run accident, there are different ways you may be able to be compensated for the personal injury claim.
If the police or your hit-and-run accident lawyer can track down the driver of the other vehicle, you can file a claim against the driver’s automobile insurance policy to seek recovery.
If the driver did not have automobile insurance, you may be able to file a claim against your own insurance company to recover damages, provided you had uninsured motorist coverage.
A West Palm Beach hit-and-run accident lawyer can help you determine whom to file a claim against and the amount of damages you may be entitled to recover. Let the experienced attorneys at Smith & Vanture, LLP help you get the compensation you deserve. Contact us today! Call
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Frequently Asked Questions
- Is It Illegal to Leave the Scene of an Accident in West Palm Beach, Florida?
Yes. Florida law under § 316.061 and § 316.027, F.S., requires all drivers involved in an accident to stop, render aid, and exchange information. Leaving the scene is a criminal offense, ranging from a misdemeanor for property damage to a felony when injuries or death are involved. This legal violation may also strengthen a civil injury claim by establishing the fleeing driver’s reckless or intentional misconduct in Palm Beach County court.
- Can I Still Recover Compensation After a Hit and Run in West Palm Beach If the Driver Is Never Found?
Yes, you may still have options. If the at-fault driver is never identified, your own uninsured motorist (UM) coverage under § 627.727, F.S., may provide compensation for medical expenses, lost wages, and pain and suffering. Florida insurers are required to offer UM coverage, though drivers may waive it in writing. A West Palm Beach hit and run attorney can review your policy and help determine what recovery options may be available based on your specific coverage.
- How Long Do I Have to File a Hit and Run Accident Claim in West Palm Beach, Florida?
Generally, two years. Following Florida’s 2023 tort reform under HB 837, the statute of limitations for hit-and-run personal injury claims is two years from the date of the accident under § 95.11, F.S. Acting quickly is especially critical in hit-and-run cases, as identifying the fleeing driver, preserving surveillance footage, and gathering witness accounts become significantly harder as time passes.
- Should I File a Police Report After a Hit and Run Accident in Palm Beach County?
Yes, filing a police report is a critical early step. Under Florida law, accidents involving injury or property damage exceeding $500 must be reported to law enforcement. Contacting the West Palm Beach Police Department or Palm Beach County Sheriff’s Office immediately creates an official record, triggers an investigation to identify the fleeing driver, and establishes documentation required by your insurance company to process an uninsured motorist claim. Delaying this step can make it significantly harder to pursue a claim and may affect your ability to access uninsured motorist benefits.
- Can My Own PIP Coverage Help After a Hit and Run Accident in West Palm Beach?
Yes. Florida’s Personal Injury Protection (PIP) coverage under § 627.736, F.S., applies regardless of fault, meaning your own PIP policy may cover up to 80% of reasonable medical expenses and 60% of lost wages after a hit and run, even when the at-fault driver cannot be found. However, PIP benefits are limited to $10,000, and serious injuries often exceed this amount, which is why carrying uninsured motorist coverage can make a meaningful difference in how much of your losses you are ultimately able to recover after a hit and run.
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