Baton Rouge, LA – When someone is injured in an accident, they can try to file insurance claims or bring a personal injury lawsuit to make the person or business at fault pay for their problems. However, this process can become more complex based on certain factors, and being hit by a driver who is uninsured, leaves the scene, or impaired by drugs or alcohol adds layers of complexity. An injury lawyer who has dealt with these kinds of cases in the past can recommend a course of action that is most likely to result in their client’s success. 

Civil injury lawsuits versus criminal charges

If the state chooses to bring criminal charges against the person for illegally leaving the scene of the accident, not having insurance, or being intoxicated, they may do so through the criminal courts. However, the victim has the option of bringing their own civil case against the person responsible for their financial losses such as hospital stays, lost wages, and property damage. These civil and criminal cases generally do not affect the outcome of each other, and it is possible that the person can be found at fault or guilty in one case and not the other. 

Evidence of negligence

Most civil car accident lawsuits are filed as negligence cases. One of the most important elements of the case is to prove that the defendant breached the normal duty of care on the roads. Evidence of a criminal offense is often an important way of showing that the driver in question did not exercise reasonable care based on the situation. A related criminal charge does prove that the driver is automatically at fault, but it can be a crucial and useful piece of evidence for the plaintiff’s lawyer in the civil case for damages. 

Bringing the case and concluding the lawsuit 

When a client initially consults with their lawyer, they can provide evidence that the other party engaged in illegal actions along with other types of information about the collision. The lawyer can file an initial complaint against the party with all of this information and other important details. The case may eventually be settled for an amount of money that covers the victim’s losses and costs of medical treatment. A trial can be necessary in cases where the plaintiff and defendant’s lawyers cannot come to an agreement. 

Learning more about a lawsuit against another driver

There are firms in the Baton Rouge area that focus their efforts on assisting people injured in various kinds of accidents. Miller, Hampton, and Hilgendorf is available to meet with local clients and provide advice regarding lawsuits and related issues. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806