Texas laws allow you to hold a drunk driver liable for the damages you suffered in an accident they caused. If you sustained injuries in a drunk driving accident, you might be able to file an insurance claim or personal injury lawsuit and try to collect compensation for your medical bills, lost wages, pain and suffering, and more. A drunk driving (DWI) accident and injury lawyer in Cypress, TX, can help.
The car accident lawyers from D. Miller & Associates, PLLC, offer free case reviews for victims of Cypress DWI crashes. We can help you understand how civil cases work, and how you might be able to hold the drunk driver liable. If you have a viable case, we will help you navigate the claims process and fight for the compensation you need.
Damages Available in a Winning Texas DWI Accident and Injury Case
In a DWI case, the damages you might collect if we can win an insurance settlement or personal injury award are very similar to those available in another car accident case. Some of the most common types of damages recoverable may include:
- Medical treatment costs and related expenses;
- Lost wages and diminished earning capacity, if you can no longer work after the crash;
- The repair or replacement of your car and money for property damage;
- Ongoing care costs, if necessary;
- Out-of-pocket expenses related to the accident or your injuries;
- Pain and suffering damages;
- Mental anguish; and
- Other emotional damages.
In many cases, a Judge who hears your case may consider awarding punitive damages as well. These are generally more common in cases where the other driver is drunk or behaves in an intentional or particularly reckless way.
Punitive damages do not compensate you for a loss. Instead, they are intended to punish the party at-fault for their bad behavior.
Proving Negligence and Liability in Your Case
To win any Texas car accident case, we need to show the at-fault driver acted negligently and is liable for your injuries and the damages you suffered. In an accident where one driver was drunk or otherwise impaired, we must document four things to prove their negligence:
- The driver was behind the wheel at the time of the accident and, therefore, had a responsibility to be sober and act in a reasonable manner;
- They were drunk at the time of the crash;
- Their impairment and/or other unreasonable behavior caused your accident; and
- You suffered financial damages because of the DWI wreck.
In some cases—especially if the driver pleads guilty to DWI or receives a conviction in court—much of the evidence we need comes from their criminal case. This may include the police report, any citations, their blood alcohol test results, and the testimony of the arresting officers. In other cases, we may need to call in accident reconstruction specialists and others to prove the drunk driver’s negligence and liability.
Once we have built a strong case for you, we will continue the process of trying to recover a payout on your behalf. First, we need evidence that shows:
- The other driver caused your crash;
- How and why they caused it;
- How the accident resulted in your injuries;
- The nature and severity of the injuries you suffered; and
- The value of your accident- and injury-related expenses and losses.
Navigating the Claims Process to Try to Recover Compensation After a DWI Crash
There are generally two ways we can try to help you get a payout to cover your damages. We can:
- File an insurance claim based on the drunk driver’s auto liability policy; or
- File a personal injury lawsuit against the drunk driver.
In almost every case, we begin by trying to recover compensation from the insurance company. Securing a settlement from the insurer generally costs less and gives us more control of the outcome than litigation does. To try to negotiate a fair settlement, we will:
- Send a demand letter outlining our case against the policyholder;
- Request a payout based on the evidence we have of your damages;
- Aggressively negotiate with the insurance company for an agreement we feel is fair and that compensates you for your expenses and losses.
If the insurance company denies our claim or refuses a fair payout, we will not hesitate to file a personal injury lawsuit. This will likely require you to go to court, and the process will take considerably longer. However, sometimes this is the best way to try to get the compensation you deserve.
We will present the case we built on your behalf to the Judge, and seek an award you compensation for your full range of damages.
Talk to a Drunk Driving Accident and Injury Lawyer in Cypress Today
At D. Miller & Associates, PLLC, our drunk driving accident and injury team will evaluate your case for free. We will listen to your side of the story, look into the facts of your case, and explain if we believe can help you file a viable claim for compensation. We also handle all Cypress personal injury cases on a contingency basis. That means you pay us no legal fees unless we win a payout on your behalf.
Call us at 713-850-8600 today to talk to a Cypress DWI accident attorney about your case.
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