If you were injured by a driver who was texting while driving and you are looking to exercise your right to compensation, our firm may be able to represent you. At Bader Scott Injury Lawyers, we build cases against negligent drivers to help our clients seek financial recovery.
During your free case review, we can discuss how a Brookhaven injury lawyer from our team can investigate and build your case, value your damages, and advocate for you with the insurance company and at trial if necessary. You will not have to handle any of this process alone.
Paths to Compensation After a Texting While Driving Accident
In 2018, the Georgia Governor’s Office of Highway Safety enacted its Hands-Free Law. It states that drivers cannot have their phones in their hands while driving to compose any type of message, including text messages, e-mails, and even social media content.
When a driver violates this or another law and causes a collision, the victims can hold them responsible for any injuries and damages that occur. This is possible through an insurance claim or a civil lawsuit.
Filing an Insurance Claim Against the At-Fault Driver
To hold a negligent driver financially accountable for the accident they caused, you may first look to file an insurance claim with the driver’s carrier. Depending on the types of coverage the driver purchased along with the limits they selected, you may or may not be able to recover compensation for medical bills, lost wages, property damage, and more.
Sometimes, insurance companies undervalue the claims they receive or outright deny them, hoping to avoid having to pay out hundreds or even thousands of dollars. Fortunately, a lawyer from our firm can work with the insurance company to negotiate for the compensation you deserve.
If the other driver’s insurance policy does not provide enough coverage for your damages—or the insurer denies the claim and tries to place the blame on you—our team can discuss whether filing a personal injury lawsuit is an option for you. In the event that we are unable to negotiate a reasonable settlement, we are prepared to take your case to trial.
Recovering Compensation Through the Courts
Although the process of filing a lawsuit can take time to get through, it could help you walk away with the compensation you are due outside of an insurance claim. Deciding whether to file a personal injury lawsuit can be a difficult decision to make, but you can rest assured that our team at Bader Scott Injury Lawyers will help you weigh the pros and the cons.
If you decide to proceed with litigation, we will be there to walk you through each step of the process. An attorney from our team will:
- Take the evidence collected from our investigation
- Craft a case that supports your financial recovery
- File the paperwork to initiate the lawsuit
- Represent you in court
Types of Recoverable Damages in a Texting While Driving Accident Case
Although motorists who decide to text and drive cannot take back the behavior that caused your collision and injuries, they can provide you with financial relief to help make up for the losses you incurred. The legal term for this type of compensation is “damages.” In a personal injury case, you are entitled to seek damages for various expenses and losses, including:
- Your pain and suffering
- The medical costs to treat your injuries both now and in the future
- The income you were unable to earn if your injuries prevented you from working
- Mental anguish
- Loss of enjoyment of life
When seeking damages from a negligent party, it is vital that you place an accurate value on each of your losses. A Brookhaven accident lawyer from our firm will review the circumstances surrounding your case to determine which damages you are eligible to receive, as well as how much you should be able to collect for each.
Georgia’s Statute of Limitations for Filing a Lawsuit After a Car Accident
The state sets a time limit for how long you have to file a lawsuit. This filing window is referred to as the statute of limitations. For personal injury cases like those involving a collision, you have two years from the date of your accident to initiate a lawsuit, per OCGA §9-3-33.
Although there are factors that could reduce or extend this time limit, you should be aware that the clock generally starts ticking down right after your collision occurs. If your circumstances have you feeling confused and you aren’t sure who you can trust to help you get through this challenging time, our firm can offer the support you deserve.
Contact Bader Scott Injury Lawyers After an Accident With a Driver Who was Texting
At Bader Scott Injury Lawyers, we are aware of the physical and financial impacts an accident can have on a victim and even their family. We are committed to helping people like you seek the justice you deserve. Whether your injuries are preventing you from working or have caused you to suffer long-term impairment, we can help you exercise your right to financial recovery.
To receive a free consultation and learn more about hiring a lawyer for your texting while driving accident case in Brookhaven, contact our team at (404) 888-8888.