If you can prove another driver caused your Texas car accident, you have the right to file an insurance claim or personal injury lawsuit and collect compensation for your damages. This may include money for your medical care, lost wages, ongoing care costs, pain and suffering , and more. A car accident lawyer in Port Arthur can help you with this process.
The car accident attorneys from D. Miller & Associates, PLLC, can evaluate the merits of your car accident case. We will explain your right to compensation and help you understand your options to recover the money you need and deserve.
If we believe you have a valid claim against another motorist or another liable party, we can handle your case for you. Call our office today at 713-850-8600. Our case reviews are always free, and you pay us no attorney’s fees until we collect compensation for you.
Recoverable Damages in a Port Arthur Car Accident Claim
No two car accidents are the same, and the damages the victims suffer can vary just as widely. The value of the damages depends heavily on:
- A number of other factors.
- The severity and nature of your injuries;
- The cost of your medical care;
- The nature of any permanent impairments or disfigurement;
- The damage to your vehicle;
- Your ongoing care needs, or any necessary future care;
- Your prognosis for a full recovery;
We can recover several different types of damages, depending on your expenses and losses. These could include:
- Future lost income and benefits if you cannot return to work;
- Lost wages through the date of the claim;
- Ongoing care costs;
- Other related expenses or losses;
- Property damage, such as car repairs or the replacement of a vehicle;
- Pain and suffering damages;
- The cost of your medical care;
- Wrongful death damages if a family member died in a fatal car crash.
We fully investigate every car accident case we handle. This is the only way to ensure we identify every accident-related loss and document all of your expenses. Once we do this, we can understand what a fair settlement will look like in your case. When we document your expenses and losses, we are building an argument for a payout.
The exact evidence we collect to document your losses will vary based on the details of your case, but it may include:
- Any available evidence to document your pain and suffering.
- Estimates for repair or replacement of your vehicle;
- Medical bills;
- Pictures and descriptions of the damage to your vehicle;
- Receipts for your out-of-pocket expenses;
- Testimony from experts who can explain your prognosis and estimate future care costs;
- Your medical records;
Proving Negligence and Liability in Your Port Arthur, Texas, Car Accident Case
Proving the at-fault driver caused the crash requires us to prove they acted in a negligent manner. There are four elements necessary to prove negligence. These are:
- The driver had a duty to drive carefully and reasonably, follow traffic laws, and obey other rules of the road;
- The driver failed to do this by breaking laws or driving in an unreasonable and dangerous way;
- Their action or inaction caused the accident and your injuries; and
- You suffered physical injuries and financial losses because of the car wreck.
Proving negligence allows us to hold the at-fault driver liable for your injuries through an insurance claim or personal injury lawsuit. However, we need to build a strong case against them with the right evidence to give us the best chance of collecting a full payout. Our case often includes such evidence as:
- Accident reconstructions;
- Dash cam video, or any other available video of the crash;
- Documentation of your full range of damages.
- Documentation of the damage to each vehicle;
- Other pictures or video from the scene;
- Pictures and notes from a survey team dispatched to the accident site;
- The police report about the accident;
- Witness accounts of the crash;
- Your medical records and other proof of your injuries;
Once we collect this evidence and build your case, we can begin the insurance claims process.
How Does the Insurance Claims Process Work?
In general, we can settle most Port Arthur car accident claims by filing a third-party liability insurance claim and negotiating a fair settlement with the at-fault driver’s insurer. This requires us to:
- Continue settlement negotiations until the insurer agrees to pay a fair settlement amount.
- Enter settlement negotiations with the insurance company;
- Outline our case and your damages in a demand letter;
- Review the insurance company’s counter-offer, and reject it if it is too low;
On occasion, we cannot reach a fair settlement through this process. When this happens, or if the insurer denies our claim, we can file a personal injury lawsuit against the at-fault driver. Sometimes the threat of a lawsuit is enough to prompt a fair settlement offer. In other cases, we need to take the case to trial and present our evidence to a judge and a jury.
While this is not our preferred way to recover the money you need, we are not afraid to take any case in front of a judge. If that is what it takes to get the money our clients deserve, we will file a lawsuit.
Talk to a Car Accident Lawyer in Port Arthur, Texas, About Your Case.
If a careless, reckless, or otherwise negligent driver caused you to suffer injuries in a Port Arthur collision, you may be eligible to recover money to help you pay your accident-related expenses and cover your losses. The car accident attorneys from D. Miller & Associates, PLLC, will file your insurance claim or take your case to court. We can help you hold the at-fault driver accountable, and fight for the full payout you deserve.
Call us today at 713-850-8600 for your free case evaluation and consultation.