Legal Question in Personal Injury in Virginia
Hit, run, and found
My husband was hit by a car in a department store crosswalk on mothers day. The car was approaching the crosswalk at a high rate of speed(while we were already crossing), stopped so we could continue crossing, my husband stated he should slow down, the man flipped my husband the finger, my husband attempted to tell him that he is supposed to stop for pedestrians at a crosswalk when the man spun tires, ran over my husbands foot, hitting his leg, putting him onto the windshield of the car and dropping him to the ground. I then chased after the gentlemen, told him he had just hit my husband and that he needed to get out of the car while I call the police. I got his tag number, he started to leave, my husband told him it would be a hit and run if he left. He did in fact drive off, police found him about 2 hours later. My husbands injuries are mainly bruises and he lost 2 days of work, but my 14 year old daughter was so upset she was hiding and crying behind a pillar. Should we get a lawyer? At this point what can we hope for?
2 Answers from Attorneys
Re: Hit, run, and found
While your husband's physical damages may be minimal (thankfully), he may be in line for punitive damages given the intentional acts of the driver. You should certainly consult with an attorney regarding all the facts of the case to determine whether it would your while to pursue a civil claim.
Re: Hit, run, and found
You say that you then "chased after this gentleman." Gentleman? How about sociopath
on wheels bent on inflicting serious injury on his fellow citizens instead?
Rather than involving an attorney in a civil matter(assuming that your husband's injuries are
minor and are likely to remain so), I would advise instead ensuring that this alleged tortfeasor and criminal assaulter is prosecuted to whatever is feasibly the full extent of the law by the local Office of Commonwealth Attorney responsible for the matter and then, after he's convicted, that your husband then sue this alleged "gentleman" for $2000(the maximum permitted) in small claims court.
Keep in mind that your husband may need to appear as a witness in the Commonwealth's case
and he needs to cooperate fully with the prosecutor assigned to assure a conviction of this motorized sociopath.
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