If a drunk driver caused your car accident, a drunk driving (DWI) accident and injury lawyer in Port Arthur may be able to help you hold them accountable for your medical bills, lost wages, pain and suffering, and other damages. Depending on the circumstances of your case, you may be able to file an insurance claim or personal injury lawsuit to recover money on your behalf. The drunk driver will also likely face criminal charges and penalties associated with breaking Texas drunk driving laws.
The car accident lawyers from D. Miller & Associates, PLLC, offer free consultations for the victims of Port Arthur DWI accidents. We can review the facts of your case and explain if we believe you have a viable claim against the at-fault driver. If we agree to handle your case, you will owe us nothing until we get you money to cover your losses and expenses. Call us today at 713-850-8600 to get started.
Recoverable Damages in a Drunk Driving Accident and Injury Case
One of the most common questions we hear is, “How much is my case worth?” We complete a full investigation into your accident so we have a clearer understanding of the damages you suffered. However, the final value of your claim will depend on the negotiation process with the drunk driver’s insurance provider.
We can help you understand the type of expenses and losses that may count as damages in your claim. Often, you can recover compensation for:
- Emergency transportation from the scene;
- Medical treatment;
- Rehabilitation and therapy;
- Prescription drugs and other medications;
- Ongoing care costs, if needed;
- Lost wages and future lost income and benefits;
- The repair or replacement of your vehicle;
- Replacement of other damaged property;
- Any miscellaneous accident-related costs;
- Pain and suffering;
- Wrongful death damages, if the crash was fatal for a loved one; and
- Other non-economic damages.
A significant part of our investigation into your drunk driving accident will consist of collecting bills, receipts, estimates, and other documentation of your losses. If you begin to collect these items in a folder or for us, it may help ensure nothing gets overlooked. The documents we may need include:
- Medical bills from the hospital, doctor, or therapist;
- Receipts from any out-of-pocket costs, such as parking for doctors appointments;
- Estimates for the repair of your vehicle;
- Any available documentation of your time away from work;
- Receipts from repairs to damaged property, such as the replacement of your phone screen; and
- Documentation of any other related expense.
Recovering Compensation After a Port Arthur DWI Injury Crash
Because Texas auto insurance laws require all motorists to carry a minimum amount of liability coverage, we can usually settle DWI injury crash cases without taking the case to court.
Instead, we file an insurance claim based on the other driver’s auto liability coverage. In general, if they have the state-required minimum, you can expect them to carry at least:
- $30,000 in injury coverage per person; and
- $25,000 in coverage for property damage.
When we file an insurance claim, we send a demand letter to the insurer that outlines the strength of our case and demonstrates the range of your damages. This letter usually prompts settlement negotiations. We can often reach a fair settlement agreement during these talks.
This is the best-case scenario for both you and the insurer. If the insurer denies the policyholder’s liability or will not negotiate with us, however, we will not hesitate to take your case to court.
Proving Your Drunk Driving Accident Claim
While a criminal conviction in their drunk driving criminal trial can help strengthen our case, we will still need to conduct a full investigation into your accident to hold the driver liable for damages. We must prove the driver’s negligence caused your accident. Simply showing they drove while intoxicated is not enough. If you ran a red light, for example, you could be at fault for the crash.
To prove their negligence and liability, we need to provide evidence of four details:
- The at-fault driver had an obligation and duty to follow all traffic laws, drive in a safe manner, and refrain from driving drunk;
- The driver violated traffic laws and drove drunk;
- Their actions directly led to the accident and your injuries; and
- You suffered physical injuries and financial damages.
Every case is different, and the details of your crash will play a crucial role in winning your case. For this reason, it is imperative we identify and collect as much evidence as possible. Often, we collect proof that includes:
- The police report from the responding officers;
- Testimony from the arresting officers, when available;
- Other evidence from the driver’s criminal DWI case;
- Interviews with crash witnesses;
- Blood alcohol or drug test results;
- Surveillance video of the accident, when available;
- Video from police dash cams or body cams;
- Accident reconstructions;
- Pictures or surveys of the scene of the crash;
- Your medical records;
- Information about your condition from doctors and experts; and
- Evidence of your damages.
Talk to a Drunk Driving Accident and Injury Lawyer in Port Arthur Today.
The DWI accident attorneys at D. Miller & Associates, PLLC, will review your case and offer our advice on what you should do next. We can evaluate your options and help you understand the best approach to recovering the compensation you deserve. We handle DWI accident and injury cases on a contingency basis, so you don’t owe us attorney’s fees until we win a payout in your case.
Call us at 713-850-8600 for your free consultation.