Thousands of people are killed by distracted drivers every single year. Those who are fortunate enough to survive these accidents often sustain serious injuries.
Thankfully, tort law allows these victims to seek compensation for their damages. If you were struck by someone who was texting and driving, for example, you may be able to recover funds for the following:
All medical expenses stemming from the accident may be recoverable. Examples include:
- Ambulance fees;
- Emergency department charges;
- Hospital bills;
- Doctor’s copays;
- Prescription medication costs;
- Home care expenses;
- Medical equipment fees; and
- The cost of any anticipated surgeries or treatments.
Car accident victims may be entitled to compensation for income lost during recovery. If you’ve been diagnosed with a long-term or permanent disability, you may also be able to recover funds for loss of future earnings and benefits.
Other Economic Damages
Save any receipts and invoices for costs related to the accident or your injury. Your attorney can review those expenses and possibly include them in the settlement calculations. The following losses may be recoverable:
- Vehicle repairs;
- Alternative transportation;
- Reasonable and necessary home or vehicle modifications to accommodate any new disabilities;
- Child care;
- Pet care;
- Housekeeping help; and
- Meal preparation services.
Tort law recognizes that monetary losses aren’t the only consequences of a serious injury. If your case meets the “serious injury threshold,” you may be entitled to the following non-economic damages in Florida texting and driving accident cases:
- Pain and suffering;
- Emotional distress; and
- Loss of enjoyment in life.
If you happen to be married, your spouse may be entitled to compensation for certain non-economic damages, as well. By filing a loss of consortium claim, he or she may recover funds for the loss of services, society, comfort, and companionship caused by your injuries. Children, parents, and unmarried domestic partners may have grounds for a loss of consortium claim in some scenarios, too.
Courts in Florida can award punitive damages for texting and driving accident cases against a defendant who acted with gross negligence or intentional misconduct. Since a reasonable driver would know the dangers posed by texting behind the wheel, doing so might be considered gross negligence, especially if the defendant had a history of distracted driving offenses. In Florida, punitive awards are usually capped at $500,000 or three times the total compensatory damages, whichever is greater.
Call (727) 821-1500 to Speak with a Car Accident Attorney in St. Petersburg
The trial attorneys at Emerson Straw have won substantial settlements and verdicts in auto accident cases. If you or someone in your family was injured by a distracted driver, we can help you gather evidence, file the necessary paperwork, approximate a fair settlement amount, and negotiate with the insurance company.
Even if the at-fault motorist denies any wrongdoing, we can perform a thorough investigation to uncover evidence of texting or other negligent behavior. Call (727) 821-1500 or use our Online Contact Form to set up a free, no-obligation case review with a car accident lawyer to pursue damages in a Florida texting and driving accident case.