Distracted driving is one of the leading causes of car accidents in Sacramento. Texting while driving is of particular concern to law enforcement personnel and traffic safety experts around the country, as the activity simultaneously causes the driver to take their hands off their proper position on the steering wheel, avert their eyes from the roadway, and think about the message they're reading or replying to rather than focusing on driving.
If you were injured as a result of a texting driver, the California personal injury claims process can be used to seek compensation for the financial and psychological harm you experienced as a result of your injury. An experienced texting and driving accident lawyer in Sacramento, like one from Kash Legal, can provide a number of services aimed at helping you have a successful outcome to your claim.
The personal injury claims process generally begins with a claim being filed against the at-fault driver’s auto liability insurance policy. When the insurance provider who services that policy receives the claim, they will assign one of their claims adjusters to evaluate the claim and determine whether compensation is owed to the claimant. They will also determine how much compensation they believe the claimant is entitled to. Once this evaluation is complete, they will either accept the claim, deny the claim, or offer to settle the claim out of court for a different amount than its established value.
If a settlement offer has been made that is too low to fairly compensate the claimant for the injuries that were incurred, the claimant’s attorney can negotiate with the claims adjuster in order to get them to increase their offer. However, if the insurance provider fails to resolve the claim through outright payment or by engaging the claimant in a settlement agreement, a lawsuit can be filed in civil court within two years of the date of the injury. The lawsuit is a legal claim that places the decisions that need to be made in the hands of a judge or jury.
You should hire an experienced attorney to assist you with the personal injury claims process, as it features a number of complexities that are overwhelming to those without experience or education in law. There are also many tactics that insurance companies and their claims adjusters will use to reduce or even eliminate the value of a claim, which can be difficult to navigate on your own.
Your attorney can provide many services to assist you as you go through the claims process, from valuing the claim, communicating with the insurer, negotiating a settlement, and even going to court on your behalf. They are tasked with communicating the details of your claim to an insurer and perhaps even to a judge or jury, while also communicating with you to ensure that you have the guidance you need to make informed decisions on the important decisions of your case.
California’s laws allow those who have been injured as a result of another driver’s carelessness or recklessness to seek compensation for both the expenses and impacts of their injury. Commonly claimed expenses include the costs associated with medically treating the injury, wage loss or permanent loss of earning capacity, as well as property damage that the claimant incurred in the accident, such as damage to their vehicle. The impacts that can be compensated through the personal injury claims process include physical and emotional pain and suffering, loss of consortium, and loss of the enjoyment of life.
Your attorney will value your claim based on a number of factors, including the available insurance resources, the severity of your injury, and the presence of permanent injuries that will likely prevent you from being able to earn in the same capacity as you did before the accident.
One of the most important aspects of your Sacramento texting and driving accident claim is the ability to prove that someone else was liable for the accident. This is done by using evidence and witness testimony to show the following elements:
In addition to proving liability, your attorney will also have to present documentation that justifies the value of your claim, such as medical and auto repair bills, wage and work information from your employer, and medical records or other documentation showing the severity of the injury or its impacts on your life.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
The Kash Legal team is devoted to helping individuals in Sacramento obtain the compensation they need after being injured as a result of negligent actions such as texting and driving. We are tenacious negotiators who push for the highest settlement possible on behalf of our clients, and we do not hesitate to take the claim to court if the insurance provider fails to make a fair offer. Our team has recovered over $300 million in awards and settlements for our clients.
Let an experienced Sacramento texting and driving accident lawyer from Kash Legal help you understand more about the personal injury claims process and answer any questions you have about your case. For your free case evaluation, contact us online or call us at (888) 527-4128.
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