Before ascertaining the worth of your injury claim, you have to examine the viability of your case. It implies that you need to talk to a qualified personal injury lawyer to guide you in determining whether to sue the person at fault or not. The law states that a driver who engages in distracting actions such as talking on the phone has put other road users at risk intentionally. If such actions hurt you, it is possible to tie these damages to negligence.
Types of compensation for distracted driving crash
After proving negligence, your personal injury lawyer will help you quantify the total amount of financial and non-financial losses the accident has caused. Here are some of the compensations one is liable for in a distracted driving car accident. The party at fault is known as the defendant while the victim is called the plaintiff.
The party at fault should pay the medical costs resulting from an automobile accident. The medical expenses include hospital stays, drugs, physical therapy and nursing home stays. Usually, medical bills are quite expensive and can weigh down on the plaintiff, especially when the injuries were severe.
The defendant should reimburse any property such as clothing, electronics or vehicles that were damaged during the accident. One can either be paid for replacement or repair. For replacement, you will be paid a sum equivalent to the market price and not the buying price. For repairs, the plaintiff should provide a document of proof such as a receipt for the repair.
Loss of income
The damage caters for payment of any work that the plaintiff missed because of the injury from the accident. Let’s say the plaintiff had to take some days off or sick time, the person will be rewarded for these days. In an instance where the plaintiff is permanently disabled, the lost income that he or she would have received has to be paid by the defendant.
Pain and suffering
After an injury, the plaintiff is likely to experience some pain and suffering. Usually, the pain and suffering are more for significant injuries. As such, insurance companies, after the case has been concluded, use techniques such as pain multiplier to arrive at fair payment. The formula entails multiplying the financial losses (lost income and medical bills) by a number that the insurer deems suitable. Click here to read more.
Any fees you were forced to make such as medical equipment, rental car expenditure, prescription drugs and nursing care should be paid for by the defendant. It is assumed that the plaintiff would not have to spend the money. To get this compensation, ensure that you keep the receipts you use to pay for these expenses.
Although a plaintiff is entitled to these payments, some insurance firms are reluctant on paying the victims. In case you are involved in a distracted driving accident, get medical attention immediately. Remember to consult a personal injury lawyer for guidance and support. Also, avoid recording a statement to the insurer as they might use that against you.