If you can prove another driver caused your Texas car accident, you have the right to file an insurance claim or personal injury lawsuit and collect compensation for your damages. This may include money for your medical care, lost wages, ongoing care costs, pain and suffering , and more. A car accident lawyer in Port Arthur can help you with this process.
The car accident attorneys from D. Miller & Associates, PLLC, can evaluate the merits of your car accident case. We will explain your right to compensation and help you understand your options to recover the money you need and deserve.
If we believe you have a valid claim against another motorist or another liable party, we can handle your case for you. Call our office today at 713-850-8600. Our case reviews are always free, and you pay us no attorney’s fees until we collect compensation for you.
Recoverable Damages in a Port Arthur Car Accident Claim
No two car accidents are the same, and the damages the victims suffer can vary just as widely. The value of the damages depends heavily on:
- The severity and nature of your injuries;
- The cost of your medical care;
- Your ongoing care needs, or any necessary future care;
- Your prognosis for a full recovery;
- The nature of any permanent impairments or disfigurement;
- The damage to your vehicle; and
- A number of other factors.
We can recover several different types of damages, depending on your expenses and losses. These could include:
- The cost of your medical care;
- Ongoing care costs;
- Lost wages through the date of the claim;
- Future lost income and benefits if you cannot return to work;
- Property damage, such as car repairs or the replacement of a vehicle;
- Other related expenses or losses;
- Pain and suffering damages; and
- Wrongful death damages if a family member died in a fatal car crash.
We fully investigate every car accident case we handle. This is the only way to ensure we identify every accident-related loss and document all of your expenses. Once we do this, we can understand what a fair settlement will look like in your case. When we document your expenses and losses, we are building an argument for a payout.
The exact evidence we collect to document your losses will vary based on the details of your case, but it may include:
- Medical bills;
- Your medical records;
- Testimony from experts who can explain your prognosis and estimate future care costs;
- Receipts for your out-of-pocket expenses;
- Estimates for repair or replacement of your vehicle;
- Pictures and descriptions of the damage to your vehicle; and
- Any available evidence to document your pain and suffering.
Proving Negligence and Liability in Your Port Arthur, Texas, Car Accident Case
Proving the at-fault driver caused the crash requires us to prove they acted in a negligent manner. There are four elements necessary to prove negligence. These are:
- The driver had a duty to drive carefully and reasonably, follow traffic laws, and obey other rules of the road;
- The driver failed to do this by breaking laws or driving in an unreasonable and dangerous way;
- Their action or inaction caused the accident and your injuries; and
- You suffered physical injuries and financial losses because of the car wreck.
Proving negligence allows us to hold the at-fault driver liable for your injuries through an insurance claim or personal injury lawsuit. However, we need to build a strong case against them with the right evidence to give us the best chance of collecting a full payout. Our case often includes such evidence as:
- The police report about the accident;
- Witness accounts of the crash;
- Pictures and notes from a survey team dispatched to the accident site;
- Other pictures or video from the scene;
- Dash cam video, or any other available video of the crash;
- Accident reconstructions;
- Documentation of the damage to each vehicle;
- Your medical records and other proof of your injuries; and
- Documentation of your full range of damages.
Once we collect this evidence and build your case, we can begin the insurance claims process.
How Does the Insurance Claims Process Work?
In general, we can settle most Port Arthur car accident claims by filing a third-party liability insurance claim and negotiating a fair settlement with the at-fault driver’s insurer. This requires us to:
- Outline our case and your damages in a demand letter;
- Review the insurance company’s counter-offer, and reject it if it is too low;
- Enter settlement negotiations with the insurance company; and
- Continue settlement negotiations until the insurer agrees to pay a fair settlement amount.
On occasion, we cannot reach a fair settlement through this process. When this happens, or if the insurer denies our claim, we can file a personal injury lawsuit against the at-fault driver. Sometimes the threat of a lawsuit is enough to prompt a fair settlement offer. In other cases, we need to take the case to trial and present our evidence to a judge and a jury.
While this is not our preferred way to recover the money you need, we are not afraid to take any case in front of a judge. If that is what it takes to get the money our clients deserve, we will file a lawsuit.
Talk to a Car Accident Lawyer in Port Arthur, Texas, About Your Case.
If a careless, reckless, or otherwise negligent driver caused you to suffer injuries in a Port Arthur collision, you may be eligible to recover money to help you pay your accident-related expenses and cover your losses. The car accident attorneys from D. Miller & Associates, PLLC, will file your insurance claim or take your case to court. We can help you hold the at-fault driver accountable, and fight for the full payout you deserve.
Call us today at 713-850-8600 for your free case evaluation and consultation.