Although being hurt in a collision with a drunk driver may feel overwhelming or hopeless, you can pursue financial recovery from the person who caused the accident through a personal injury claim or lawsuit.
At D. Miller & Associates, PLLC™, we pride ourselves on being accessible to clients so that they can get the legal support and guidance that they deserve after an accident. Keep on reading to find out more about working with one of our drunk driving (DWI) accident lawyers serving Odessa.
Financial Recovery After a Drunk Driving Accident
One of the biggest concerns that a drunk driving accident victim has after an accident is whether they can receive financial recovery for their expenses. There are many different categories of damages available to injured claimants:
- Medical bills: This includes hospitalizations, medications, surgeries, medical devices, prescriptions, doctors’ appointments, and more.
- Future estimated medical costs: If you have severe or potentially permanent injuries, you can also seek financial recovery for the estimated cost of your ongoing medical care.
- Lost wages: Many drunk driving accident victims are unable to work due to their injuries. If you were unable to earn a paycheck because of the accident, then you can seek financial recovery for your lost wages.
- Reduced earning capacity: If your injuries have made it impossible for you to return to your same occupation, then you may not be able to earn as much income. You can seek recovery for the difference in your earning capacity due to the collision.
- Reduced quality of life: Permanent injuries can deprive you of many of the activities and enjoyments that you engaged in before the collision. You can request financial recovery for the impact that this will have on your life going forward.
- Mental anguish, pain, and suffering: This category of damages provides you with support for the emotional and mental impact that the accident and your injuries have had on you. It can be hard to quantify the impact, but a lawyer from our team can assist you with requesting the right amount of financial recovery.
There may be other types of damages that you can request in a lawsuit or settlement negotiation. A drunk driving (DWI) accident lawyer serving Odessa from our team can calculate the cost of your damages so that you know what a fair settlement offer looks like.
How Our Team Can Build Your Case
There are many ways that a lawyer from our firm can assist you with exploring your legal rights after a drunk driving accident:
- Gathering evidence to support your claim
- Finding and retaining experts to consult on your case
- Answering your questions about the legal process
- Filing documents with the court
- Representing you during hearings or depositions
- Reviewing available insurance policies
- Protecting your rights during the insurance claims process
It is important to take action now because you only have two years from the date of the accident to pursue a lawsuit, according to Texas law.
Hold a Careless Drunk Driver Liable
When someone causes a motor vehicle accident because they were driving drunk, they may face criminal charges for their actions, according to Texas law. You can still pursue a civil claim against them regardless of what happens with a criminal investigation or case.
There are a few things that you will need to prove in your case before you are awarded financial recovery. If you can prove all four elements, then you have proven that the other driver acted negligently and owes you financial recovery for the accident.
The four elements of a negligence case are:
Duty of Care
You must show that the other driver had a duty to drive with reasonable care and skill. This often means following traffic laws and not driving above the legal limit for blood alcohol concentration (BAC).
Breach of Duty of Care
You must show that the other driver failed to act according to this duty. A careful driver would not drive with a BAC above the legal limit, so drunk driving is usually considered a breach of the duty of care.
You must next show that you were injured as a direct result of the driver’s breach of the duty of care. If there is some other factor that contributed to your injuries, then you may not be awarded financial recovery.
Finally, you must be able to provide proof of the financial damages that you have experienced as a result of the accident.
Establishing each of these elements requires evidence. Yet, you do not need to come up with these pieces of information on your own. Consider how a lawyer from our firm can gather evidence to support your case.
Call Now for Legal Assistance
To find out more about potentially working with a drunk driving (DWI) accident lawyer serving Odessa at D. Miller & Associates, PLLC™, call now.
During your consultation, you can ask questions about your legal rights, explain what happened to you, and learn more about whether financial recovery is available.