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

Herb T. Testimonial

The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial

I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

S.B. Testimonial

Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Jereme S. Testimonial

No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Hanna Padilla Testimonial

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!