Few situations are more devastating than losing a loved one in a hit-and-run accident. Families are left not only grieving, but also facing a painful question: How can someone be held accountable when the driver fled the scene?

As a wrongful death lawyer representing families in Florida and Georgia, I can tell you this with certainty: a hit-and-run does not eliminate your right to pursue a wrongful death claim. These cases follow different paths, but compensation may still be available.

Step 1: Hit-and-Run Does Not End a Wrongful Death Claim

Wrongful death claims focus on the cause of death, not whether the at-fault driver stayed at the scene.

If negligence caused the fatal crash, a claim may proceed even when:

• The driver is unidentified
• The driver is later arrested
• Criminal charges are pending

Civil wrongful death claims are separate from criminal cases and have a lower burden of proof.

Step 2: Compensation When the Driver Is Unknown

When the driver cannot be identified, families often rely on insurance coverage rather than suing an individual driver.

Possible sources of recovery include:

• Uninsured motorist (UM) coverage
• Underinsured motorist (UIM) coverage
• A resident relative’s auto insurance policy

In Florida and Georgia, UM coverage can apply to fatal hit-and-run crashes when physical contact occurred or evidence confirms another vehicle caused the crash.

Step 3: If the Driver Is Identified Later

If law enforcement identifies the hit-and-run driver, families may pursue:

• A wrongful death claim against the driver
• Claims against the driver’s insurance
• Additional parties if alcohol service, vehicle defects, or employer liability played a role

Criminal prosecution does not prevent a civil claim from moving forward.

Step 4: Who Can File a Wrongful Death Claim

Florida requires the personal representative of the estate to file the claim on behalf of surviving family members. Georgia allows certain family members to file directly, following a statutory priority order.

This distinction makes early legal guidance especially important.

Step 5: Time Limits Still Apply

Florida and Georgia generally impose a two-year deadline from the date of death to file a wrongful death claim.

Hit-and-run investigations can take time, but waiting too long can permanently bar recovery.

FAQs: Hit-and-Run Wrongful Death Claims

Q1: Can we recover compensation if the driver is never found? 

Yes, uninsured motorist coverage may apply.

Q2: Do criminal charges affect the civil case? 

No. Civil claims proceed independently.

Q3: What damages are available? 

Funeral expenses, lost income, loss of companionship, and emotional suffering.

Q4: Should we wait until the criminal case ends? 

No. Civil deadlines still apply.

Guidance for Families Facing the Unthinkable

Hit-and-run cases are emotionally and legally complex, but families are not without options.

Contact Alex today. As a bilingual personal injury lawyer licensed in Florida and Georgia, he’ll explain your rights, identify available coverage, and help your family pursue accountability and financial security.

This article is for general information only and is not legal advice. Every case is different.

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