If someone else caused your pedestrian accident and injuries, you deserve to recover your losses. However, injury victims often find that dealing with the at-fault party and their insurance company can be frustrating. Insurers have entire teams on staff whose sole function is to figure out how to reduce or deny accident victims’ claims. One of our pedestrian accident lawyers in Houston can help.
Since 2002, the legal team at D. Miller & Associates, PLLC® has been helping accident victims in Texas. We fight relentlessly for you, negotiating out of court for every dollar you deserve or even trying your claim in front of a judge or jury.
How Much Recovery You Can Obtain with a Claim
It is impossible to determine your losses before we examine the details of your accident. Depending on several variables, such as the severity of your injuries and the degree of the at-fault party’s culpability, it could range from thousands to millions of dollars.
Accident victims who suffer more severe injuries can typically seek greater damages. If your accident left you with a traumatic brain injury, for instance, you would qualify for more damages than you would if you suffered minor, temporary injuries.
We can talk to your doctors to determine how your injuries will affect you going forward so you can pursue both current and future costs associated with your accident injuries. If you face a long-term recovery, you will want your potential settlement to reflect this.
Economic damages include those to which we can assign specific dollar values. This form of damages can include your medical bills, both current and future. We can seek recovery for:
- Your hospital bills
- Doctor appointments
- Physical therapy
If you miss work while recovering, we can also seek your lost income. Likewise, if your injury prevents you from working or changes the capacity in which you can work, we can seek the difference through damages referred to as reduced earning capacity.
This is why it is important to seek medical attention and follow your treatment plan. Your medical assessment serves as an invaluable piece of evidence when fighting for financial recovery, and we can make sure you seek a settlement that accounts for any permanent or temporary disability.
Non-economic damages are more subjective. These damages include losses that do not have a specific dollar value, but that does not mean they are not warranted in your case. Non-economic damages may include:
- Pain and suffering, which covers you for both the physical and emotional anguish your accident caused
- Loss of consortium, which covers your spouse or children for the loss of service and companionship they have suffered due to your injury
We can help you file a wrongful death claim for surviving family members of the victim of a fatal accident.
During the course of our investigation, we will determine the total value of your economic and non-economic damages. Once we determine how much your accident has cost you—and will cost you in the future—we can begin the process of negotiating a fair settlement from the at-fault party’s insurance company.
How Pedestrian Accident Injuries Affect You in the Long Run
Unlike motorists, pedestrians do not have two tons of metal to protect them in a collision. Consequently, pedestrian accident injuries tend to be fatal or severe.
With severe injuries often comes a lifetime of medical costs. According to Traffic Injury Prevention, annual costs for pedestrian injuries added up to $243 million.
Types of Injuries Pedestrians Can Suffer
According to the California Journal of Emergency Medicine, typical sites of impact include the head, shoulders, and legs, depending on how the car hits the victims.
Injuries may include:
- Traumatic brain injuries (TBI)
- Spinal injuries
- Broken arms, legs, or hips
- Lacerations and scarring
- Lost limbs
Treatment for Pedestrian Accident Injuries
With injuries of this severity, a victim may be facing emergency medical care, surgery, and years of rehabilitative therapy. Depending on the area of injury, some victims may need cognitive therapy, physical therapy, speech therapy, and more.
A victim may also suffer psychologically after a pedestrian accident in Houston. They may develop post-traumatic stress disorder (PTSD) and require long-term therapy to address anxiety and depression. Each of these types of treatment can be costly and add up over time.
Reasons to Hire a Pedestrian Accident Lawyer from Our Firm
A lawyer can help protect your rights after an accident. Our attorneys understand how to build a case for financial recovery, and we can stand up to an insurance company’s tactics to reduce or deny your settlement.
We Prevent You from Accepting an Unfair Offer
Shortly after your accident, the insurance company might contact you with a settlement offer. This offer usually will not reflect your actual losses. The insurance adjuster may pressure you into accepting this initial offer, but you do not have to.
Thousands or even millions of dollars could be at stake in your claim. By taking the first settlement the insurance company offers, you may be left footing the bill for out-of-pocket medical costs in the future.
Additionally, accepting a settlement offer usually bars you from seeking more damages later on if your injuries worsen or require ongoing rehabilitation and treatment. You do not want to be left footing the bill for your future medical costs and reduced earning capacity if this is the case. If possible, avoid speaking to the insurance company before seeking legal counsel.
We Investigate Your Case to Gather the Necessary Evidence
Once our pedestrian accident lawyers take on your case, we will leave no stone unturned to help you establish the liability of the driver who hit you. To prove negligence, we can uncover key pieces of evidence for your case.
- Gather police reports and other evidence from the scene
- Interview witnesses
- Review photos and surveillance video
- Speak to expert witnesses
- Reconstruct your accident
Once we get to the bottom of what happened, we can file a claim with the liable party’s insurer. If they do not have insurance, we may be able to make a claim through your own provider or take legal action against the driver to seek a court-awarded settlement.
We Negotiate with the Insurance Companies
Our goal is to help you receive a settlement that fairly covers your injury-related losses. We will go after a fair settlement when negotiating with an insurer. Often, this process involves back-and-forth communication with the insurer, and we can handle all of the phone calls and correspondence necessary.
If an insurer refuses to offer a fair settlement, we will not hesitate to bring your case to court by filing a personal injury lawsuit or wrongful death lawsuit. Often, initiating legal action will bring an insurer back to the negotiating table before a case even reaches a trial. Regardless, we are not afraid to represent your interests in court, where we can argue your case before a judge or jury.
We Represent You at Trial
If we do have to file a lawsuit, we can handle all of the paperwork that comes with it. We will also make sure we do so before the state-imposed deadlines for legal action.
Ideally, your case will settle before a trial; however, our main goal is to secure you a fair settlement so that you do not suffer any further harm as a result of your pedestrian accident in Houston.
Deadlines for Filing a Lawsuit
According to Texas law, you only have two years to file a personal injury lawsuit. The same deadline applies for wrongful death lawsuits, as well.
If you wait too long to take legal action and this deadline passes, you risk having your case dismissed by the court. Do not let a negligent party get away with causing your injuries. Also, keep in mind that negotiations with insurers take some time, and you want to give your case the time it deserves.
Who You Can Hold Responsible for Your Injuries
The at-fault party in your case depends on the details of your accident. Often, a negligent motorist is to blame, but there may be another liable party or multiple liable parties.
A Negligent Driver
Driver error can be the cause of pedestrian accidents, placing the liability on the negligent motorist.
Some examples of negligent driving include:
- Failure to yield: If a vehicle struck you on the street when you had the right of way, such as when using a crosswalk, the driver may be at fault.
- Speeding in school zones: If an accident occurred when a driver ignored the posted speed limit, they may be liable for the injuries they cause.
- Parking lot accidents: Pedestrians walking to and from their cars come into close proximity with traffic. Additionally, speed limits decrease dramatically in parking lots, and some motorists do not observe them.
A Negligent Manufacturer or Government Entity
Other parties may share responsibility in your case. If a traffic light malfunctioned and caused your accident, the device manufacturer may be responsible, as well as the government department in charge of maintaining traffic devices.
If a negligent public transit driver caused your injuries while you were boarding or exiting a train, city bus, or another public vehicle, the government may be liable for your losses.
A Trucking Company
If your accident involved a commercial driver operating a work vehicle, the driver’s employer may also share liability for your damages. In some situations, both a driver and their employer may bear the responsibility for an accident.
Our attorneys will determine who was at fault for your accident. Once we know who caused your injuries, we will pursue damages on your behalf.
Awards Our Firm Has Received
Our firm proudly serves victims in Houston and other areas in Texas. We have accumulated several awards, including:
- Small Business Community Association – Excellence Award
- The National Trial Lawyers – Top 100
- American Institute of Personal Injury Attorneys – 10 Best Award for Client Satisfaction, 2017-2018
We are affiliated with the State Bar of Texas, as well as the Houston Bar Association.
Below are a few of our clients’ testimonials:
- “I wanted to take the time and write that Attorney Raghuthaman was exceptional in his representation for me. He was articulate, fair, and kept informed. He ALWAYS returned my phone calls. I will never use another attorney.”
- “Mr. Rubenstein listened. The case was about me, not him. I appreciated that and that is why we were successful.”
- “Excellent work, I would definitely use D.A. Miller & Associates again.”
See what our injury attorneys can do for you during a case evaluation. You are under no obligation to retain our services when you call to discuss your case. You may discover your legal options and receive and have your questions answered.
Call Us for a Case Evaluation
After a pedestrian accident in Houston, you do not have to suffer from your injuries and losses alone. You have a right to seek legal representation and go after a liable party. Do not let someone else’s negligence cause you financial loss and pain and suffering.
At D. Miller & Associates, PLLC®, we have helped many victims recover settlements after a pedestrian accident. We want to put our skills and resources to work for you. We can investigate your case, determine its worth, and pursue an insurance claim or lawsuit on your behalf.
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