In Vallejo, one of the primary causes of car accidents is distracted driving. Texting while driving is of particular concern to law enforcement personnel and traffic safety experts across the nation because the activity simultaneously causes the driver to remove their hands from their proper position on the steering wheel, avert their eyes from the roadway, and divert their attention to the message they're reading or responding to instead of concentrating on driving.
If you were injured as a result of a driver who was texting while driving, you can use the California personal injury claims process to seek compensation for the resulting financial and psychological harm. An experienced texting and driving accident attorney in Vallejo, such as one from Kash Legal, can provide a variety of services designed to help you win your case.
REQUEST A FREE CONSULTATIONWhat Is The Process Of Seeking Compensation After A Texting And Driving Accident?
Generally, the personal injury claims process begins with the filing of a claim against the auto liability insurance policy of the at-fault motorist. When the insurance company servicing the policy receives the claim, one of their claims adjusters will evaluate the claim and determine whether the claimant is entitled to compensation. In addition, they will determine how much compensation the claimant is entitled to. After completing this evaluation, they will either accept the claim, deny the claim, or offer to resolve the claim outside of court for a lesser amount than its established value.
If a settlement offer has been made that does not adequately compensate the claimant for their injuries, the claimant’s counsel can negotiate with the claims adjuster to increase the settlement offer. However, if the insurance provider fails to resolve the claim through explicit payment or by engaging the claimant in a settlement agreement, a civil litigation may be filed within two years of the injury date. The lawsuit is a legal claim that positions decision-making authority in the hands of a judge or jury.
Do You Need An Attorney For The Claims Process?
You should retain an experienced attorney to assist you with the personal injury claims process, as its many complexities are overwhelming for those without legal training or experience. In addition, insurance companies and their claims adjusters employ numerous strategies to reduce or even eradicate the value of a claim, which can be challenging to navigate on your own.
Your attorney can provide a variety of services to assist you throughout the claims process, including claim evaluation, communication with the insurer, settlement negotiations, and even representation in court. They are tasked with communicating the details of your claim to an insurer and possibly to a judge or jury, as well as communicating with you to ensure that you have the guidance you need to make informed decisions regarding the crucial aspects of your case.
What Type Of Compensation Can You Receive For Your Injuries?
The laws of California permit those who have been injured as a result of another driver’s negligence or recklessness to seek compensation for both the costs and consequences of their injury. Commonly claimed expenses include costs associated with medically treating the injury, wage loss or permanent loss of earning capacity, and property damage incurred in the collision, such as damage to the claimant’s vehicle. Physical and emotional pain and suffering, loss of consortium, and loss of enjoyment of life can be compensated through the personal injury claims procedure.
Your attorney will determine the value of your claim based on a number of factors, such as the available insurance resources, the severity of your injury, and the prevalence of persistent injuries that will likely prevent you from earning as much as you did prior to the accident.
How To Prove Liability In A Texting And Driving Case
One of the most essential aspects of your Vallejo accident claim involving texting and driving is your ability to establish that someone else was responsible for the collision. Using evidence and witness testimony, the following elements are demonstrated:
- The at-fault driver had a responsibility to operate their vehicle safely and within the law to prevent causing damage to others.
- The responsibility was violated when the driver chose to text and drive, in breach of a California statute that prohibits drivers from using portable electronic devices while operating a vehicle on a public roadway.
- Due to the violation, an accident occurred in which you were injured.
- In addition to establishing liability, your attorney will need to present evidence to support the value of your claim, such as medical and auto repair bills, wage and work information from your employer, and medical records or other evidence demonstrating the severity of the injury or its effects on you.
If You Were Injured In A Vallejo Texting And Driving Accident, Kash Legal Can Help
The Kash Legal team is committed to assisting Vallejo residents who have been injured as a result of negligent actions such as texting and driving to obtain the compensation they require. We are tenacious negotiators who seek the maximum possible settlement for our clients, and we do not hesitate to file a lawsuit if the insurance company does not make a fair offer. Our team has recovered more than $300 million in settlements and awards for our clients.
Let a knowledgeable Vallejo texting and driving accident attorney from Kash Legal explain the personal injury claims process and address your questions about your case. Contact us online or at (866) 935-3334 for a complimentary case evaluation.
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