If you were injured or a family member was killed in a distracted driving accident, a civil lawsuit may allow you to get compensation and hold the distracted driver accountable. You may be able to receive compensation for medical and/or funeral expenses, lost income, pain and suffering, and other damages.
A Wesley Chapel distracted driving accident lawyer from Distasio Law Firm can handle your case so that you can concentrate on healing. Our team will advocate strongly on your behalf and fight for compensation for your damages.
We Can Help You Seek Financial Recovery After a Distracted Driving Accident
Everyone knows it is important to keep your eyes on the road. Unfortunately, some drivers pay more attention to their phones or other electronic devices than they do driving. If you were hurt because a driver was too distracted to drive carefully, we want to help you hold the driver accountable and seek compensation.
The type of compensation that may be recoverable in a distracted driving case varies. The injuries that you sustained and the financial impact of the accident will influence how much compensation you may get.
Unfortunately, many insurance companies want to minimize the amount they pay to injured car accident victims or the families of deceased car accident victims. Distasio Law Firm can help you fight for the compensation you may deserve.
You may be able to get financial compensation for monetary losses as well as non-monetary losses caused by the distracted driving crash. Compensation for financial losses may include:
- Medical expenses, such as emergency room care, ambulance transportation, doctor’s appointments, inpatient care, medical tests, medication, and rehabilitative therapy
- Car rental and other out-of-pocket expenses caused by the accident
- Property damage
- Lost income from missed work
- Damage to your earning capacity caused by physical impairment
- Replacement services
You may also receive compensation for accident-related harm that is not financial, such as your:
- Scarring or disfigurement
- Mental anguish
- Physical pain
Your Legal Options If Your Loved One Died Due to Distracted Driving
If a distracted driver caused an accident in which your loved one was killed, you might be able to file a wrongful death case. At Distasio Law Firm, we know that a death in the family can bring not only tremendous grief but also profound financial implications. A wrongful death action may let you recover compensation for:
- Loss of the financial support your loved one provided
- Loss of services, such as maintaining the household and caring for children
- Funeral expenses
- Medical costs incurred between the accident and your loved one’s death
- Loss of your loved one’s companionship
- Loss of parental instruction suffered by children
Distractions that Can Lead to Collisions
Many distracted driving accidents occur because a driver is looking down at their cell phone. Although Florida has banned texting and driving and other forms of cell phone use behind the wheel through Florida Statutes §316.305, people still text and drive.
If your accident was caused by a driver who was illegally using his or her cell phone while driving, Distasio Law Firm can help you assert your rights. Cell phone use is not the only type of distracted driving that can occur. Distracted driving may also include:
- Talking to passengers
- Grooming activities
- Eating and drinking
- Reaching for objects in the vehicle
- Changing the radio station
How Distasio Law Firm Can Help You During Your Case
You do not necessarily need to prove the other driver was using a cell phone to be entitled to compensation after a distracted driving accident. The main elements of negligence in a personal injury case are:
- Duty: The driver had a legal duty, like all drivers have, to drive in a reasonably safe manner and follow traffic laws.
- Breach: The driver breached the legal duty by failing to exercise reasonable prudence.
- Injuries: You or your loved one suffered injuries because of the driver’s actions.
- Damages: The injuries caused by the accident led to damages.
Distasio Law Firm knows that the more evidence we have, the stronger our case against the at-fault party and the insurance company may be. In order to prove the above-mentioned elements of negligence, a Wesley Chapel distracted driving accident lawyer from our firm may use evidence such as:
- Police reports
- Eyewitness statements
- Expert testimony
- Accident reconstruction models
- Video footage from red-light cameras or other cameras
- Medical records
- Statements from your doctor or other medical professionals
Many personal injury cases are settled before they go to trial. At Distasio Law Firm, our team has experience dealing with insurance companies and standing up for our clients’ rights. However, if an adequate settlement is not reached, we can also take your case to trial and strongly argue on your behalf in court.
File Your Case Before the Deadline Expires
It is important to note that you only have a certain amount of time to file a lawsuit. Florida personal injury lawsuits typically must be filed within four years, according to Florida Statutes §95.11(3)(a). Florida wrongful death lawsuits typically must be filed within two years, according to Florida Statutes §95.11(4)(d).
Various circumstances can change the deadlines your case is subject to, so speak to Distasio Law Firm for personalized guidance.
Call Distasio Law Firm Today Ffor a Free Case Assessment
If you or a loved one was hurt in a car accident caused by a distracted driver, you might be entitled to financial recovery through an insurance claim or lawsuit. A Wesley Chapel distracted driving accident lawyer from Distasio Law Firm can manage your case for you while you concentrate on recovering from this traumatic ordeal. Call Distasio Law Firm today for a free case evaluation at (813) 259-0022.