Texting while driving is a very common practice despite the dangers that it poses. Texting is one of the leading causes of car accidents in the United States every year. If you were injured by a driver who was texting instead of watching the road, you will likely be eligible to recover a wide range of damages from the liable party.
At Pacific West Injury Law, we are determined to help you collect the compensation you need after an accident. Our team of texting while driving accident attorneys in Spring Valley, NV, will work diligently to ensure you get a favorable outcome for your case.
Establishing Fault in a Texting While Driving Accident
The first thing you must do when attempting to recover compensation after a texting while driving accident is to prove liability. A texting while driving accident attorney can help you establish the fault of a driver who was distracted by a cell phone and texting rather than keeping their eyes on the road.
Filing a Texting While Driving Accident Lawsuit
When you hire a texting while driving accident attorney in Spring Valley, there are several steps they will take before you will be able to recover compensation from the liable party. The first thing your lawyer will do will be to investigate your accident for the dual purpose of proving liability and gathering evidence to support your claim.
After your attorney has completed their investigation, they will review your damages to help assess the full value of your claim. They will then prepare all the necessary documents and file your claim with the court. After that, the pretrial process will begin. Steps in the pretrial process include:
During discovery, the legal counsel for both parties will exchange the evidence they have gathered related to the case. Discovery is critical to ensuring a fair trial as it allows both sides to thoroughly review all the evidence that may be presented at trial and prepare their cases accordingly.
Depositions take place at the end of discovery. A deposition is a testimony given by a witness or party involved in the accident. Depositions are given outside of the courtroom, with a court stenographer present, who records the proceedings.
In a deposition, both sides will have the opportunity to ask the deponent questions. The recorded testimony from a deposition can be used at trial.
Mediation is the last step in the pretrial process. In mediation, the two parties meet at a neutral location where an independent third party will attempt to help the two sides reach a settlement agreement.
Mediation will not be the first attempt to reach a settlement deal. From the moment your case is filed, your attorney will be in contact with opposing counsel attempting to reach a settlement agreement. If at any point a deal is reached, your case will end, and you will recover the agreed-upon compensation.
However, if a deal is not reached by the end of mediation, your case will proceed to trial, where your attorney will represent your interests.
Damages You Can Claim After a Texting While Driving Accident
If you were injured in an accident caused by a driver who was texting, you will likely be eligible to recover a wide range of damages. Recoverable damages can be split into three main categories.
Any damages you suffer that result in financial losses are considered economic damages. Common economic damages include:
- Medical bills
- Future medical expenses
- Lost income
- Decreased earning ability
- Property damage
- Modifications to your home or vehicle made to accommodate a disability
Any other losses resulting from your accident are categorized as non-economic damages. Common non-economic damages include:
- Diminished quality of life
- Mental anguish
- Permanent disability
- Pain and suffering
- Loss of consortium
- Scarring and other disfigurements
Punitive damages differ significantly from the other damages mentioned above. Instead of being meant as a replacement for losses suffered by an accident victim, punitive damages are a form of punishment for the liable party. Punitive damages are only awarded in extreme cases where the actions of the at-fault party constitute criminal negligence.
File Your Texting While Driving Accident Lawsuit on Time
The statute of limitations for filing a texting while driving accident lawsuit in Nevada is two years. If you don’t file your lawsuit before this deadline passes, you may find that you are unable to recover compensation. However, it is critical to note that many exceptions to this time limit exist.
Depending on the particulars of your case, you could find that you are still able to file a lawsuit long after the initial two years have passed. At the same time, you could find that you actually have far less than two years to file.
The best way to ensure you don’t meet any difficulties with the statute of limitations is to hire a texting while driving accident lawyer in Spring Valley as soon as possible after your accident.
Texting While Driving Accident Lawyers Collect a Results-Based Fee
People are often wary of hiring an attorney because they fear they will not be able to afford to pay their fees. While this can be a legitimate concern with many lawyers who charge a high hourly rate, it should not be a problem when it comes to hiring a texting while driving accident lawyer.
Instead of charging you for the amount of time they work on your case, these attorneys charge based on the results they achieve. Your texting while driving accident lawyer will collect a single fee at the conclusion of your case. This fee will be assessed as a fixed percentage of the compensation you recover from the liable party.
Failure to recover compensation on your behalf means that your lawyer will not get paid for their services.
Speak With a Texting While Driving Accident Lawyer in Spring Valley Today
At Pacific West Injury Law, we have a long history of recovering significant compensation for accident victims. Our team of Spring Valley texting while driving accident lawyers has the experience needed to give you the best chance at a favorable outcome. Contact us today by phone or through our online contact form to schedule a free case review.