Today, drivers in Orlando, FL and beyond are constantly facing distractions while at the wheel of their vehicle. Whether they are distracted by the scenery, fellow passengers, the car radio, eating and drinking, or their personal cell phone, these distractions can lead to serious injuries and property damages.
According to the National Highway Traffic Safety Administration (NHTSA), an estimated 400,000 Americans were injured by distracted driving in 2018. If you or a loved one has been injured from distracted driving, Ben Crump Law, PLLC can help you pursue justice and fair compensation for your damages.
While Florida is considered a no-fault state for insurance purposes, the state still maintains a comparative fault law under Florida Statutes § 768.81. Under comparative fault, claimants can sue a distracted driver for recoverable damages. While no-fault insurance will cover your part of the accident, this payment may not cover the full extent of your damages.
At Ben Crump Law, PLLC an Orlando distracted driving accident lawyer can hold a distracted driver accountable for their actions. Our law firm will work to see that you are no longer damaged by an injury suffered through no fault of your own. We will fight on your behalf to see the defendant (the party you sue) pay for your damages, not you. Ben Crump Law, PLLC does not shy away from tough cases, and we will file a lawsuit on your behalf if needed.
To learn more about seeking compensation for a distracted driving accident, call Ben Crump Law, PLLC at (800) 598-7557. Our firm operates under a contingency fee basis, which means you pay nothing out of pocket and nothing upfront.
What Ben Crump Law, PLLC Can Do for Your Distracted Driving Case
The sooner you act, the sooner an Orlando distracted driving accident lawyer from Ben Crump Law, PLLC can get started handling your legal case. While you focus on recovering from an accident, our attorneys can pursue fair compensation on your behalf.
Upon the completion of your initial consultation, a car accident attorney can help your case by:
- Protecting your rights through the completion of your claim
- Documenting your personal account of the accident over the phone or in-person
- Communicating with insurance companies on your behalf
- Determining fair value for your claim
- Obtaining evidence of distracted driving by the defendant
- Interviewing eye-witness accounts and obtaining witness testimony
- Consulting with medical professionals to gather documentation of your injuries
- Investigating your accident for fault, liability, and negligence
- Negotiating for a settlement out-of-court
- Filing a personal injury lawsuit or wrongful death lawsuit
One of the most crucial aspects of a distracted driving case is proving that the opposing driver was negligent or careless. According to the Legal Information Institute (LII), negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
At Ben Crump Law, PLLC we can help you prove the defendant acted negligently with evidence that shows:
- The defendant owed you a duty of care to follow the laws of the road.
- The defendant breached this duty through evidence such as an admission of guilt, a police report, eyewitness testimony, or other proof of negligence.
- The plaintiff (you) suffered an injury.
- The defendant’s breach of care caused the injury and related damages.
For a free legal consultation with a distracted driving accidents lawyer serving Orlando, call (800) 598-7557
Identifying Recoverable Compensation
When looking to determine fair compensation for your accident, an Orlando distracted driving accident lawyer must review your damages. Because a distracted driving accident case is unique, your losses will depend on the circumstances of the accident.
Some of your recoverable damages for compensation in your case may include, but are not limited to:
- Medical treatments
- Emergency transportation
- Current and future medical care
- Rehabilitation expenses
- Property damages
- Lost wages
- Diminished earning capacity
- Lost future earnings
- Pain and suffering
- Loss of consortium
- Emotional distress
- Loss of enjoyment
- All related out-of-pocket expenses
If your loved one lost their life from an Orlando distracted driving accident, Ben Crump Law, PLLC can also help your family recover financially from a wrongful death lawsuit. Compensation awards that your family may qualify for with a wrongful death claim may include:
- Funeral expenses
- Cremation expenses
- Memorial services
- Loss of financial protection
- Loss of projected future income
- Loss of companionship
When faced with damages from a distracted driving accident in Orlando, contact Ben Crump Law, PLLC to begin a free consultation. We only get paid if you earn a settlement or judgment.
Orlando Distracted Driving Accident Lawyer Near Me (800) 598-7557
Filing a Personal Injury or Wrongful Death Lawsuit
If we are unable to secure fair compensation for you during insurance settlement negotiations, we will file a personal injury lawsuit. However, these lawsuits must be filed within the statute of limitations.
For personal injury lawsuits, claimants must typically have their lawsuit filed within four years of the underlying accident, according to Florida Statutes § 95.11(3)(a). If you file the lawsuit beyond the four-year statute of limitations, your case may be dismissed.
If your family requires a wrongful death lawsuit to recover compensation, you must also be mindful of the statute of limitations. As outlined under Florida Statutes § 95.11(4)(d), wrongful death lawsuits must be filed within two years of your loved one’s passing.
At Ben Crump Law, PLLC we can help you and your family start the legal process as soon as possible. By doing so, we can work to file a potential lawsuit within the statute of limitations.
Call Ben Crump Law, PLLC Today
Our law firm wants to ensure that you and your family do not suffer more than you already have.
We do not shy away from tough cases, and we stand up for the rights and justice of our clients. Additionally, our firm services injury victims through free consultations and with our contingency fee basis. This means we will only collect a fee if we secure an award on your behalf.
An Orlando distracted driving accident lawyer is ready to recover your losses. Call Ben Crump Law, PLLC today at (800) 598-7557 to get started with a free consultation with one of our team members.