Posted on Friday, August 28th, 2020 at 1:59 am
Distracted driving accidents continue to injure and kill thousands of people each year. In 2018, distracted driving accidents injured over 400,000 people. Distracted drivers also caused the death of 2,841 people during 2018.
If a distracted driver caused your injuries, you might receive compensation for damages. However, you must file an insurance claim to recover money for your injuries and losses. If the insurance company for the distracted driver refuses to pay the claim, you may need a Sacramento distracted driving accident attorney to file a personal injury lawsuit.
What Compensation Can I Receive for a Distracted Driving Accident Claim?
When a person is injured in a car accident, the person may sustain different damages. Damages can include the physical injuries caused by the crash, such as:
- Traumatic brain injuries
- Broken bones
- Spinal cord injuries
- Burns
- Chest injuries
- Seat belt and airbag injuries
- Lacerations and puncture wounds
- Whiplash and neck injuries
- Soft tissue injuries
- Back injuries
However, damages also include mental and emotional injuries. Pain, suffering, anxiety, loss of enjoyment of life, scarring, and permanent disabilities fall into the category of non-economic damages.
Financial losses are also included in damages. Medical bills, loss of income, and other out-of-pocket expenses and losses may be included in damages.
In some cases, a victim may receive punitive damages in a personal injury lawsuit. Punitive damages are rare. These damages are intended to punish a defendant for gross negligence or intentional wrongdoing. An example of a case that might involve punitive damages is a drunk driving accident case.
Filing an Insurance Claim for a Distracted Driving Accident
In most cases, the insurance provider for the distracted driver pays the injury claim.
However, the insurance company is only liable up to the policy limits. Therefore, if the distracted driver has minimum car insurance coverage, the most the insurance company has to offer to settle the claim is $30,000.
If you have underinsured motorist coverage, you might need to file a claim with your insurance company too. The underinsured motorist coverage pays the difference between the value of your injury claim and the maximum insurance proceeds available from the other driver’s insurance company up to your policy limits.
Do I Need a Distracted Driving Accident Lawyer to File an Insurance Claim?
You are not required to hire an attorney to file an insurance claim for a distracted driving accident. However, it can be wise to discuss your case with an attorney before talking to a claims adjuster.
An attorney explains your legal rights, including liability and damages. The attorney also reviews your case and discusses any issues that could complicate the claim.
An insurance adjuster has one priority – settle your claim for as little money as possible. If that means offering a low amount quickly to encourage you to settle the claim, the adjuster may do that. However, the adjuster could also drag out the claim to wear you down so that you accept a low settlement offer.
A car accident lawyer protects your best interest throughout the case. The lawyer handles all matters related to the case, such as:
- Accident investigation
- Documenting damage
- Researching applicable laws
- Communicating with the insurance company
- Calculating the value of damages
- Submitting a settlement demand
- Negotiating a settlement amount
If the insurance company refuses to offer a fair settlement, your lawyer can file a personal injury lawsuit.
Discuss Your Case with a Sacramento Distracted Driving Accident Lawyer
If you have questions or want to discuss your claim for a distracted driving accident, call (916) 999-9000 now for a free consultation with one of our Sacramento accident lawyers.
