Texting while driving is among the leading causes of automobile accidents. This dangerous activity can lead to serious injuries. If you were injured due to another driver texting while driving, you are likely facing significant medical expenses as well as other financial difficulties. Recovering compensation can be essential when putting your life back together.
At Pacific West Injury Law, we understand the challenges accident victims face. Our team of experienced texting while driving accident lawyers in Winchester is ready to help you fight for compensation after a collision. Get started today with a free case review.
Determining Fault for a Texting While Driving Accident
Before pursuing compensation after a car accident, you must first determine who was at fault. If you can show that another driver was texting at the time of the accident, they will at least hold a level of liability for the crash, even if a third party is primarily liable. An experienced texting while driving accident attorney can help you sort out fault so that you can file a lawsuit.
Steps in a Texting While Driving Accident Lawsuit
After an accident involving a driver who was texting while driving, several steps must be taken before you will be able to recover fair compensation. The first thing you should do is hire an attorney who can handle the process for you while you focus on healing from your injuries.
Your lawyer will likely start work on your case by investigating your accident. This investigation will have the dual focus of establishing liability and collecting evidence to support your claim. After that, your attorney will evaluate the damages you suffered to help determine how much your claim is worth.
Your attorney will proceed to draw up all the necessary documents and file your lawsuit with the court. After the liable party has been notified, your case will proceed to the pretrial process. Steps in this process include:
In discovery, the lawyers for the two involved parties share all of the evidence they have gathered about the case. This stage of the pretrial process is crucial to ensuring a fair trial. By giving both sides access to all of the evidence that may be presented in court, both legal counsels will be able to prepare their cases accordingly to best represent their clients.
Depositions are given at the end of the discovery stage. A deposition is a recorded testimony from a witness or a party involved in the crash. Depositions are given outside the courtroom in the presence of a court stenographer who will record the proceedings.
During a deposition, attorneys from both parties are given the opportunity to ask questions of the deponent. Any testimony recorded during a deposition may potentially be used during a trial.
Mediation is the final phase of the pretrial process before a case proceeds to trial. During mediation, the two parties meet in a neutral location in the presence of an independent third party. This non-partial mediator will attempt to help the two sides reach a settlement agreement and avoid a trial.
Mediation is not the first time your attorney will attempt to secure a settlement deal on your behalf. From the beginning of your case, your lawyer will be in contact with opposing counsel, attempting to reach a settlement agreement. If a deal can be reached, your case will end, and you will recover compensation according to the agreement.
However, if there is no deal by the end of mediation, your case will proceed to trial, where your attorney will represent you.
File Your Texting While Driving Accident Lawsuit Before Time Runs Out
Nevada law gives texting while driving accident victims two years from the date of the crash to file a lawsuit. If you don’t file before the two-year statute of limitations has passed, you could find that your right to recover compensation no longer applies. However, you need to be aware of the fact that several exceptions apply to this regulation.
Depending on your particular circumstances, you could still be eligible to file a lawsuit long past the two-year deadline. Alternatively, it could turn out that you only have months to file rather than years. The best way to ensure your lawsuit is filed on time is to hire an experienced texting while driving accident lawyer as soon as possible after your collision.
Recoverable Damages From a Texting While Driving Accident
After suffering an injury in an accident caused by a driver who was texting, there is a wide range of damages you may be eligible to recover. Recoverable damages fall into three primary categories.
Any losses you suffer as a result of your accident that hurt your financial standing are considered economic damages. Common economic damages include:
- Lost income
- Diminished earning ability
- Property damage
- Modifications made to your home or vehicle to accommodate a disability
- Medical costs
- Future medical expenses
All the other losses you incur because of your accident fall into the broad category of non-economic damages. Common non-economic damages include:
- Mental anguish
- Decreased quality of life
- Pain and suffering
- Permanent disability
- Loss of consortium
- Scarring and other disfigurements
Punitive damages are far different from the compensatory damages listed above. Rather than replacing losses suffered by the accident victim, punitive damages are meant as a punishment for the liable party. Punitive damages are only awarded in texting while driving accident cases if the actions of the at-fault party are deemed to have been criminally negligent.
Texting While Driving Accident Attorneys Get Paid for Results
Many accident victims fail to hire an attorney because they worry that they will not be able to afford their fees. While it is true that many lawyers charge high hourly rates, this isn’t the case with texting while driving accident attorneys or other types of personal injury lawyers. Instead, these lawyers charge their clients on a contingency fee basis.
Under this payment system, you will only pay your attorney if they recover compensation on your behalf. Your lawyer will collect a single fee at the end of your case. This fee will be assessed as a percentage of the money you recover from the liable party. That means if you don’t get paid, your lawyer works for free.
Talk to a Texting While Driving Accident Attorney in Winchester Today
At Pacific West Injury Law, we believe that all accident victims should have access to experienced legal counsel. Our team of Winchester texting while driving accident attorneys has a long history of recovering significant compensation for our clients. Give us a call or use our online contact form to schedule a free case review today.