How do I swear out a complaint on a person who hit me with her car?

Asked almost 2 years ago - Tampa, FL

In August we were hit as pedestrians by a woman driving a car. We want to press charges on her, the police originally told me he was doing it. Now I find out she was only given traffic violations. The fact is she left the scene and should be charged, how do I go about that?

Attorney answers (5)

  1. David Irving Shiner

    Pro

    Contributor Level 13

    14

    Lawyers agree

    Answered . First I hope that you are well and that your injuries aren't too serious. The most important thing you can do to protect your interest at this time is to contact a personal injury attorney and have a free consultation with at least one if not more of them. You have very specific rights under Florida law and potentially pursuing them can be in your best interest. So in short contact the personal-injury attorney immediately. In addition if you have a questions feel free to contact me personally and I'll be more happy to speak with you about your case detail.

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to... more
  2. John Michael Phillips

    Contributor Level 19

    11

    Lawyers agree

    Answered . There is a difference in what the State does- the criminal case- and any claims you have for injuries or damages- the civil case. You have no control on the criminal case but can sue for damages for him hitting you.

    The value of every civil claim is chiefly based on what injuries/losses you have and how we prove them. Value of injury claims is based on medical bills, nature of permanent injury, and/or surgery, whereas property damage is based on replacement or market value of the item. These days the amount you can recover is also governed by the amount of insurance someone has and the amount of insurance you have because that a judgment over insurance proceeds rarely nets you anything they cannot bankrupt out of.

    Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. My recommendation is let an attorney handle this. I spent 8 years working for insurance companies and over a year working for the largest personal injury firm in the country before setting out to give clients personal service and help them fight these fights.

    Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law. We are here to help.

    Please CLICK the button if I HELPED or was BEST ANSWER. We also answer your questions on facebook- www.facebook.... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . It is up to the state as to whether charges are pressed. If you were injured, you would want to retain a local personal injury lawyer to get you compensation for your injuries.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. David J. McCormick

    Contributor Level 20

    7

    Lawyers agree

    Answered . Not pressing charges is not a matter the police have control over, it is the discretion of the states/district attorney. You need to find out who declined to file charges and see if they will talk with you about their decision. If not, then you are basically at a dead end criminally.

    The fact that charges were not filed has no bearing on your civil lawsuit for the injuries you received. If injured retain a local personal injury attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is not up to you to criminally charge her. Perhaps you should speak to the police officer's supervisor. The police have discretion as to what charges they will pursue.

    If you were injured in this incident, you should speak with a personal injury attorney in your area.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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