It sounds like there is a separate criminal action against the driver who hit you. In criminal cases, the judge is allowed to order the defendant to pay restitution (damages) to you for the crime. These can include a variety of things, such has having to pay your medical bills, etc. You should speak to your lawyer about what items of damage you have suffered from the accident and have him/her assist you with the preparation of this. If you have suffered losses other than medical bills (such as lost wages, pain and suffering), you should talk to your lawyer about whether these items should be included on the list. Any document you send to the court may be used against you in your civil action. I would make sure your lawyer sees every document you prepare before you send it in. Good Luck!