In Texas, you can hold the driver who caused your car accident liable for the injuries and financial damages you sustained. If you can prove another motorist acted negligently and this led to your car accident, you may be able to get money to pay for your medical care, cover lost wages, and help you get back on your feet. Recovering damages is possible through a liability insurance claim or a personal injury lawsuit. A car accident lawyer serving Beaumont can help.
At D. Miller & Associates, PLLC™, our car accident attorneys are ready to go to work for you. We can evaluate and analyze your case, explaining your rights and legal options. If we find you have a viable claim, we will pursue damages on your behalf. We offer free consultations so you can readily learn your options.
Our Car Accident Practice Areas
The injuries you suffer in a car accident can vary according to the type of collision you were involved in and the points of contact between both vehicles. Our law firm represents clients injured in the following types of collisions:
- Rollover accidents. These occur when a car flips upside down or rolls repeatedly. Injuries sustained in rollover accidents can cause head, neck, and limb injuries.
- Sideswipe accidents. These accidents occur when the side of one vehicle collides with the side of another. These can result in serious injuries for the driver of one vehicle and the passenger in another, depending on the points of impact.
- Rear-end accidents. These accidents occur when one car collides with the back of another. They often result in serious and costly injuries, including whiplash.
- Multi-vehicle accidents. These can be confusing and make it difficult to identify the at-fault driver and understand where to turn for financial recovery.
- Single car accidents. Even if your car was the only one involved in an accident, we can help you prove a road defect or other issue was at fault for the collision.
No matter what type of car accident you were involved in, our personal injury law firm will help you prepare your case for recoverable damages. If necessary, we help you recover damages from your own insurance policy. We will also review your case and explain its merits and your right to recovery.
Damages Available in a Car Accident Claim
The damages available after an accident vary widely. They are dependent on:
- Your injuries
- The cost of your care
- Your future and ongoing care needs
- Your prognosis, including any related impairments
- The damage to your vehicle
- A number of other factors
If you suffer from a traumatic brain injury, for example, you could qualify for damages to pay for the long-term medical care and daily assistance you will need going forward. Some of the most common types of damages we recover for our clients include:
- The cost of medical treatment and related expenses
- Ongoing care costs, such as home health care or a long-term care facility
- Lost wages, future lost income, and lost benefits
- Property damage, including repair or replacement of a vehicle
- Other related out-of-pocket expenses
- Pain and suffering damages
To ensure we identify all potential losses in the case, we launch a full investigation into every accident. This allows us to collect documentation of your losses and assess an accurate potential recovery. Skipping this step could potentially leave some amount of your recovery on the table and leave you paying for some expenses yourself.
We will collect evidence, such as:
- Medical bills
- Medical records
- Information from experts about your prognosis and any future care costs
- Receipts for any out-of-pocket expenses
- Estimates for the repair or replacement of your vehicle
- Pictures and descriptions of the damage to your vehicle
- Any verifiable evidence of your pain and suffering
Wrongful Death Damages Available for Your Family
If your family lost a loved one in a Beaumont car accident, we help specific family members recover damages that include:
- Funeral expenses
- Burial expenses
- Loss of consortium
- Loss of companionship
We also request a recovery of your loved one’s financial and domestic contributions to your family. Family members who can file a wrongful death action include:
- The decedent’s spouse
- The decedent’s parents
- The decedent’s children
Depending on the decedent’s marital status and family makeup, siblings, grandparents, and other relatives may also qualify for damages. You can review your case with one of our team members today to understand your ability to seek damages.
Proving Negligence and Liability in a Car Accident Case
Negligence plays a central role in all Texas car accident claims. To seek damages, you must show the other driver was at fault. Unless you can prove another motorist caused your accident, you cannot file a liability claim based on their auto insurance or pursue a personal injury case against them.
Proving the other driver acted in a negligent manner requires us to show four things:
- They had a duty to follow all applicable traffic laws and drive in a careful manner;
- They failed to uphold this duty;
- Their failure directly caused the accident and your resulting injuries; and
- You suffered financial losses.
During our investigation into how and why your accident occurred, we may call on a number of professionals to help us understand what happened. For example, accident reconstruction specialists can testify about how the other driver’s actions caused a crash and explain how you suffered injuries. This, in addition to other evidence, may play a key role in building a solid case against the at-fault driver.
We may also collect:
- The police report filed at the scene of the accident
- Blood test results, if the other driver was drunk
- Witness accounts of the accident and the aftermath
- Pictures or video from the scene
- Dashboard camera video or any other available video of the accident
- Documentation of the damage to each vehicle, such as pictures or notes from the body shop
- Your medical records
- Documentation of your full range of damages
What to Expect From the Claims Process
Most claims settle out of court through a settlement negotiation process. This process begins when we approach the driver’s auto insurance company, present a general outline of our case, and ask for the recovery you deserve. Usually, we do this with a demand letter. This puts the request in writing.
You can expect the insurance company to respond with a counteroffer, usually much lower than our initial number. This launches the settlement negotiation process, where we aggressively pursue the amount you deserve. Because we assessed your accident-related damages, we know exactly what a fair settlement will look like, and we will not settle for less. Our negotiators usually succeed in this endeavor, reaching a fair settlement agreement with the insurance company and recovering the maximum amount possible.
Occasionally, an insurance company will deny our claim or refuse to negotiate fairly. When this occurs, we are not afraid to take the case to court. We will file a personal injury lawsuit and litigate the case against the at-fault driver. Sometimes just filing a lawsuit will encourage the insurance company to increase its offer. If not, we will present our case to the judge and ask the court to award fair financial damages.
Complying With the Statute of Limitations
If we need to file a lawsuit in your case, Texas law only gives us two years from the date of the accident to do so. While this deadline does not technically apply to cases that never make it to court, it still plays an important role in settlement negotiations. Having the option to litigate gives us an upper hand, providing an incentive for the insurance company to extend a fair offer.
What to Expect From Our Personal Injury Law Firm
When you choose our legal team to represent you, we make sure you have an outstanding client experience. Previous clients say the following about our law firm and staff:
- Consuelo Dominguez: “I am so happy that I chose this law firm after my car accident. Odalis was assigned to my case, and she always provided me with updates on my medical treatment. I will recommend this law firm to my friends and family!”
- Victoria Perez: “Highly satisfied with my experience! Malery was so professional and a very nice person. She was such a great case manager…I certainly do not hesitate to recommend her to anyone that I know. She also made sure [I got] my medical treatment after my car accident.”
We care about every aspect of your case, from ensuring you get medical care to fighting hard to achieve the best possible outcome for you.
A Car Accident Lawyer Serving Beaumont Can Help After Your Accident
If you suffered injuries in a collision that occurred because of a careless or reckless driver, you may qualify to collect an award for your accident-related losses. The lawyers at D. Miller & Associates, PLLC™, can help you file an insurance claim or pursue a personal injury lawsuit against the at-fault driver. We will fight for the recovery you deserve.
Call us today for a free case evaluation. A car accident attorney serving Beaumont can get started on your case immediately.