Texas allows you to hold the drunk driver who caused your car accident accountable for your accident-related damages. This is possible by filing an insurance claim or pursuing a personal injury lawsuit in civil court. This type of case is separate from any criminal charges and consequences they may face. A drunk driving (DWI) accident and injury lawyer in Baytown can help you file your claim and pursue compensation.
The attorneys at D. Miller & Associates, PLLC, offer free case evaluations. During this consultation, we will review the facts of your case and explain your options for compensation. Call us today at 713-850-8600 to learn more.
What Type of Damages Can I Recover After a Drunk Driving Accident?
It is impossible to tell you exactly how much your case may be worth before we complete a full investigation into your accident and identify all possible crash-related damages. However, we can help you understand the type of damages you may be able to recover through an insurance claim. You could receive reimbursement for:
- Ambulance transportation and on-the-scene care;
- Medical and treatment expenses;
- Rehabilitation and therapy costs;
- Ongoing and future care costs, if needed;
- Current lost wages from days missed at work;
- The loss of future income and benefits;
- The repair or replacement of your vehicle;
- Any out-of-pocket costs;
- Pain and suffering and other non-economic damages; and
- Wrongful death damages, if a drunk driver took the life of a loved one.
To ensure we collect all available compensation for your damages, we fully investigate all drunk driving accidents and carefully document every possible expense or loss. We may collect a large amount of evidence to support your case, including:
- Hospital bills;
- Bills related to your outpatient treatment or other care;
- Receipts from any out-of-pocket costs;
- Estimates or receipts for the repair or replacement of your car;
- Input from doctors or other experts on your prognosis;
- Estimates and documentation of your ongoing care needs;
- Documentation about your time away from work or inability to return to your job; and
- Any available proof of your pain and suffering.
Getting Compensation After a Drunk Driving Injury Crash
In most cases, we do not need to file a personal injury lawsuit to get the money our clients deserve after a drunk driving accident in Baytown. Instead, we negotiate a fair settlement with the driver’s insurance company. Texas auto insurance laws require every driver to have a certain amount of liability coverage to pay for the medical care and other damages of accident victims. Assuming the at-fault driver has the required insurance coverage, this gives you access to:
- $30,000 injury coverage; and
- $25,000 coverage for property damage.
We can file a third-party liability auto insurance claim against the drunk driver and ask their insurance company to pay the money you deserve. Insurers often see the strength of our case and opt to negotiate a fair settlement with us instead of facing a lawsuit. Only when an insurance company denies its policyholder’s accountability or otherwise refuses a fair settlement do we file a lawsuit and ask a judge to award you the money you deserve.
Investigating and Proving a DWI Accident Claim
Many people assume proving a drunk driver caused their accident will be easy and straightforward. After all, the police report and arrest record clearly show an impaired driver. However, car accident claims are rarely simple. You cannot assume a DWI accident case will go smoothly, either.
When we handle this type of case for a client, the first thing we do is to begin a full investigation into the crash. We have to identify and analyze all possible evidence that can help us build a solid case to show the driver acted in a negligent manner. This requires us to document:
- The at-fault driver had an obligation to drive in a reasonable manner—including not driving while impaired;
- The driver broke laws and drove while drunk;
- Their drunk driving and the other traffic laws they broke caused or contributed to the accident and your injuries; and
- You suffered physical injuries and financial damages in the crash.
Some of the evidence we may use to prove negligence and demonstrate the full range of your losses includes:
- The police report;
- Testimony from the arresting officers;
- Other evidence from the criminal case, including a guilty plea;
- Witness statements and testimony;
- Blood alcohol or drug test results;
- Video of the accident;
- Video from police dash or body cams of the arrest;
- Accident reconstructions from specialists;
- Pictures or other documentation of the crash scene;
- Your medical records; and
- Documentation of your damages.
Dealing With Uninsured or Underinsured Drunk Drivers
Unfortunately, many people who drink and drive are habitual offenders. They may lose their license but continue to drive, often without the proper insurance coverage. If an uninsured driver caused your accident, you may still have options to recover the compensation you deserve.
Many Texans carry uninsured motorist coverage without knowing it. If you have insurance coverage but did not sign a waiver to opt out of uninsured motorist coverage, you have this type of policy.
The coverage available to you will mirror your liability coverage. You can file a claim based on your accident and your uninsured/underinsured motorist coverage will pay for your damages up to the limit of your policy. We can help you file this claim.
If you did opt out of this type of coverage, your only option for compensation may be to pursue legal action by filing a personal injury lawsuit. We can help you understand the pros and cons of this and explain your best option for getting the money you need and deserve.
Talk to a Drunk Driving Accident and Injury Lawyer in Baytown About Your Case
The drunk driving accident and injury attorneys from D. Miller & Associates, PLLC, can help you hold the drunk driver who caused your crash accountable. We can file an insurance claim or personal injury lawsuit on your behalf. Contact us today for a free case evaluation. We handle all drunk driving accident cases on a contingency basis. You pay no attorney’s fees until we win compensation for you.
Call us at 713-850-8600 to get started.