Schedule a
Free Consultation
Exceptional Legal Care With A Personal Touch – Serving New Port Richey With Expertise And Compassion
Contact Hero
Home page contact form
"*" indicates required fields
Every time someone gets behind the wheel of a car, they are making a silent agreement to adhere to the rules of the road and keep their fellow drivers, pedestrians, and cyclists safe. This means no driving while intoxicated, speeding, or using any sort of device like a cell phone to distract you. Driving takes a certain level of concentration and skill, which is why there are so many rules and regulations surrounding who can operate a vehicle and under what conditions.
Call us at 727-848-8892 or Schedule A Free Consultation Today
If you are in an automobile accident with a distracted driver, you are owed compensation for your damages. Depending on the severity of the distraction, your injuries can range from mild to severe, all of which can cost a significant amount of money in hospital bills and other necessities. The aftermath of an accident you did not cause can be confusing, and it’s natural not to know where to begin. To ensure you are on the right track, reach out to a qualified New Port Richey personal injury attorney from McPherson & Thomas, P.A. We are here to help guide you toward a brighter and healthier future.
Common Mistakes Made by Victims of Distracted Driving Accidents in New Port Richey, Florida
To help you overcome the common questions and concerns plaguing most victims of distracted driving accidents, the team at McPherson & Thomas, P.A. has put together a guide detailing the most frequently made mistakes after your accident:
Not Filing on Time
Florida recently changed their statute of limitations to two years. This means you have two years from the date of your distracted driving accident to file a claim with the liable party’s insurance company. This may seem like an adequate amount of time, but ensuring you are including all of the correct paperwork, establishing liability, and doing so while injured can be more overwhelming than you may have thought.
Filing on your own also risks a low settlement offer. The most frequent reason for a low settlement offer is not including detailed medical records or enough evidence of the full extent of the cost of your injuries.
Not Collecting Evidence
When it is safe to do so, it is advised you attempt to collect as much evidence as you can from the scene of your accident. For example, if your injuries and circumstances allow you to, you should try taking a couple of photos or videos using your phone. At the very least, you should get the name, number, and insurance information of the involved parties.
For parties who are too overwhelmed or too injured to collect any evidence, it is encouraged that you reach out to a knowledgeable attorney as soon as you can. Using their resources and experience, your attorney will quickly begin to collect and assess any potentially relevant evidence, such as traffic camera footage, police reports, detailed medical records, car diagnostics, BAC reports, and even expert testimony.
Not Hiring a Dedicated Distracted Driving Attorney
At the end of the day, any mistake made can be remedied by hiring a dedicated distracted accident attorney in New Port Richey, Florida. We have found that clients who do not hire an attorney as soon as possible run the risk of low settlement offers or even dismissed claims due to missed deadlines. With an attorney by your side, you are giving yourself access to someone who will handle the hard parts of your case while you focus on resting and recovering from your accident.
This means having someone to file your claim for you, handle all scheduling, negotiate with the insurance company, and even take your case to court if need be. Injured From An Accident? Call Our Experienced Attorneys
What Type of Compensation Are You Entitled to After Your Accident?
Florida currently allows victims of personal injury claims to recover three types of damages after their accident: economic, non-economic, and punitive. Economic and non-economic are the two most commonly awarded damages and are based on your losses as a direct result of the accident. Economic damages cover the tangible losses, such as medical bills, lost wages, and the cost of prescription medications. Non-economic damages are there to help with the emotional or intangible losses, such as pain and suffering.
If your accident is a result of gross negligence, your distracted driving accident lawyer in New Port Richey, FL can explain punitive damages and how they are awarded. These are not based on your losses but act as a penalty fine to the party exhibiting wanton negligence.
How to Prove Liability in a Distracted Driving Accident Claim
To prove liability following a car accident, including one where you believe the at-fault driver was distracted, you will need to follow the requirements outlined in the law. Many distracted driving accidents result in serious injuries, qualifying for a personal injury claim.
To obtain complete and fair compensation in a personal injury claim, such as one involving a distracted driver, you must prove the following:
- You Were Owed a Duty of Care by the other involved party or parties. For example, all drivers on the road owe the duty of care to follow posted traffic signals and signs, to maintain their vehicle for safe road use, or to put away distractions that may result in unsafe driving.
- The Duty of Care Was Broken. In many distracted driving accident cases, a driver choosing to text on their phones, rubberneck, eat, or engage in another kind of distracting behavior is negligent and breaches the duty of care.
- Negligence Caused Your Injuries. Generally, you must demonstrate causation with timestamped medical records. You must prove negligence caused your injuries because being negligent does not directly lead to injury, as indicated by the number of drivers still willing to risk texting on the road.
- You Face Damages due to the accident, including lost wages, medical bills, repair or replacement costs, or lost earning potential. These will help calculate the value of your claim and ensure you receive adequate compensation according to the law.
If you need assistance proving liability in your distracted driving accident claim, an attorney from McPherson & Thomas, P.A. can help. We can collect evidence on your behalf, analyze information, build strong arguments in your favor, and help obtain the compensation you deserve. Please get in touch with us if you need assistance.
Should You Seek Medical Attention After a Car Accident?
Following any incident where there is a risk of injury, we strongly encourage you to seek medical attention quickly. Especially after a car accident, seeking medical attention is essential for identifying injuries, receiving instructions for recovery, or obtaining referrals to specialists who can help you heal further.
Seeking medical attention sooner rather than later can also look good during legal matters, such as your distracted driving accident claim. This is because a jury will see that you take your health and well-being seriously, increasing the likelihood that you can receive the money you need and deserve.
If you need assistance finding a doctor who can help you, as some are hesitant to participate in legal matters, we can help. Please reach out to us at McPherson & Thomas, P.A. to learn about your options for medical assistance or to receive a referral to a provider we already know and trust. We look forward to meeting with you and being available to provide support during your time of need.
How Can a Lawyer Help in Your Distracted Driving Accident Claim?
An attorney can assist you in many ways during legal matters, explaining the right every American has to obtain one. However, working with an attorney can make a significant impact, especially during a personal injury claim, such as a distracted driving accident case. When you work with a New Port Richey distracted driving accident lawyer from McPherson & Thomas, P.A., we can support you in the following ways:
- Explaining legal concepts and processes so they are easier to understand
- Identifying potentially liable parties
- Communicating with other parties on your behalf
- Leveling the playing field against other hired legal representatives
- Managing your medical and legal schedules
- Connecting you with helpful professionals, including healthcare providers, reconstructors, and investigators
- Completing and filing paperwork correctly and on time
- Providing you access to new resources and information that may support your claim
- Maximizing your potential compensation
When you work with an attorney from McPherson & Thomas, P.A., we can do everything in our power to minimize stress, shorten time spent in litigation, and increase the financial recovery you can obtain. Please refrain from representing yourself and risking undue stress or unfair payments, especially when you are already hurt.
We invite you to contact us as soon as possible, as this will help ensure we have enough time to dedicate to your claim. The sooner you connect with us, the more time we can spend collecting evidence, understanding your needs, and increasing your settlement. Contact McPherson & Thomas, P.A. if you have any questions, and we’ll be happy to give helpful answers and support.
Consult With Our Distracted Driving Accident Attorneys in New Port Richey, FL
Don’t face your personal injury claim without the guidance and protective knowledge of a compassionate attorney from McPherson & Thomas, P.A. For over 25 years, Scott McPherson has diligently served his community and ensured they have access to comprehensive and people-first services. From the very first consultation to the final settlement, you will have a dedicated attorney by your side to answer any questions or address any concerns you may have.
We don’t see a single penny unless you do, too. For a free consultation to discuss the best possible route of legal action for your specific case today, please call our New Port Richey car accident lawyers today at (727) 848-8892 or fill out our contact form.
