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:

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.

Client Testimonials

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.