When a drunk driver causes a crash on Texas roads, they are not only subject to criminal charges, but you may be able to hold them responsible for your damages in a civil case as well. If you suffered injuries in an accident an intoxicated driver caused, the personal injury attorneys from D. Miller & Associates, PLLC, may be able to file an insurance claim to recover compensation that pays for your medical bills, lost wages, and other crash-related losses.
We can help you understand your legal right to compensation and pursue the money you need and deserve. Call us today at 713-850-8600 for a free case review and consultation with a drunk driving (DWI) accident and injury lawyer in Pearland. We can guide you through the insurance claims process.
How Much Compensation Can I Get for My Claim?
There is no way to know how much we can recover for you by filing a claim until we conduct a full investigation into the crash. As a part of our investigation, we will collect evidence to document the full value of your damages. We will obtain records like:
- Medical bills;
- Receipts from out-of-pocket costs;
- Estimates for property damage;
- Interviews with experts on your condition;
- Any possible information about your ongoing or future care needs; and
- Documentation of your pain and suffering.
Once we have this evidence, we can begin to get a good idea of a fair settlement amount in your case. This amount is what we aim for when negotiating with the insurance company. We will request reimbursement for:
- Medical expenses;
- Ambulance transportation, when necessary;
- Ongoing care costs, such as home health care;
- Lost wages;
- Lost future income and benefits;
- Repair or replacement of your vehicle;
- Out of pocket costs;
- Pain and suffering; and
- Wrongful death, if you lost a loved one in the accident.
We negotiate aggressively to recover a fair settlement for our clients. We are not afraid to pursue a lawsuit, if the insurance company refuses to pay you what you deserve.
How Can I Recover Compensation After a Drunk Driving Injury Crash?
Most drunk driving accident cases settle without ever going to court. We can usually reach a fair settlement on behalf of our clients by filing a third-party liability insurance claim against the drunk driver. Under Texas auto insurance laws, all motorists must have a certain amount of liability coverage to pay for the medical bills, lost wages, and other losses victims suffer. This means we can usually file a claim and recover up to:
- $30,000 in injury coverage per person;
- $60,000 in injury coverage per accident; and
- $25,000 in coverage for damaged vehicles and other property.
By presenting the evidence we collect during our investigation, we can usually prove the strength of our case to the insurance company and negotiate a fair settlement. If the insurer refuses, we can file a personal injury lawsuit and ask the judge to award compensation to cover your losses.
What Type of Evidence Does It Take to Prove a DWI Accident Claim?
To win compensation in a drunk driving injury accident, we need show the driver behaved in a careless or reckless way. We can usually do this by providing evidence of four things:
- The driver had an obligation to follow all applicable laws, not drive while under the influence, and refrain from taking other unreasonable risks;
- The driver failed to follow laws and acted unreasonably by drinking and driving;
- Their drunk driving or disregard of other laws caused or contributed to the accident; and
- You suffered physical injuries and financial damages because of the crash.
We conduct a full investigation into every client’s accident, collecting all available evidence and fighting for the full compensation they deserve. We often have a lot of evidence to collect and analyze in a drunk driving claim, and any piece of it could prove key in our case. This may include:
- The police report;
- Statements from the arresting officers given in court;
- Eyewitness testimony;
- Blood alcohol content testing results or drug test results;
- Video from police officers’ dash or body cams;
- Accident reconstruction expert testimony;
- Pictures or other documentation of the scene; and
- The driver’s social media posts, credit card receipts, and other proof of activities before the crash.
What Happens If the Drunk Driver Does Not Have Insurance?
All too often, our clients suffer injuries in a drunk driving accident with a habitual offender who continues to drive despite losing their license because of a previous offense. There is often no auto liability insurance policy to fall back on in these cases.
However, many Pearland residents have uninsured/underinsured motorist (UM/UIM) coverage that will pay out to cover their expenses when this occurs. In Texas, you must opt out of this type of coverage in writing. Unless you have done this, you most likely have a policy that allows you to recover compensation if an uninsured or underinsured drunk driver caused your crash.
This coverage should mirror the limits of your liability cover policy and will pay out for:
- Medical bills;
- Lost wages;
- Property damage; and
- Out-of-pocket expenses.
We can file this type of claim on your behalf, negotiating with your insurance company to recover the compensation you need, up to the maximum limits of your policy.
If you do not have UM/UIM coverage, we may have other options for recovering compensation. This may include filing a personal injury lawsuit against the drunk driver. We can help you weigh your options and offer advice on the easiest way to get the money you need.
How Can I Talk to a Drunk Driving Accident and Injury Lawyer in Pearland?
The attorneys at D. Miller & Associates, PLLC, can help you hold the drunk driver who caused your crash responsible for their behavior. Call us at 713-850-8600 for a complimentary consultation. When we review your case, we can provide advice and guidance about how to approach your claim and recover the compensation you need and deserve.