At D. Miller & Associates, PLLC, we fight for the people who have suffered injuries because of someone else’s negligence. In Texas, the company or individual who hurt you must pay for the harm they caused. You do not have to pay for someone else’s carelessness.
We will investigate your accident, collect evidence of your losses, and pursue the value of your damages from the at-fault party. Call 713-850-8600 today for a free consultation with a personal injury lawyer in Baytown.
What Kind of Claims Does a Personal Injury Lawyer Handle?
We can help people who have sustained damage from:
- Car accidents;
- Truck crashes;
- Bus accidents;
- Drunk driving incidents;
- Slip and fall accidents;
- Wrongful death;
- Workplace claims;
- Premises liability accidents;
- Dog bites;
- Rideshare crashes;
- Motorcycle accidents;
- Defective medical device and drug injuries; and
- Pedestrian and bicycle accident claims.
If your harm resulted from some other cause, just call us for help. This is only a partial list of the types of cases we handle.
Three Pitfalls to Avoid in a Personal Injury Case
Navigating a personal injury case is a difficult process. Here are three major pitfalls to avoid so you can recover the compensation you need to pay your medical bills, lost wages, pain and suffering, and other damages.
Do not sign anything before a lawyer reads it. Accident victims are often in a financial bind after an injury. The insurance adjuster might try to sound like she will help you during this stressful time. She may even offer a quick check so you can pay your bills.
If you accept a check early on in the process, you may not receive enough money to pay for the costs you will face in the future. Once you sign a settlement offer, you cannot ask for more compensation later. Never sign anything or agree to a settlement without having a lawyer review it first. The insurance company has a team of lawyers to fight for them. You deserve an attorney who will protect your rights, too.
Talking With the Insurance Company
Do not talk with the at-fault party’s insurer unless you have your lawyer present. The insurance adjuster will try to get you to give a recorded statement or sign a written statement about what happened. They are not doing this for your benefit. An adjuster can take things you said out of context, get you to admit fault in the accident, or use another tactic to reduce your settlement or deny your claim.
You have a limited time to file a lawsuit against the party who hurt you. If you miss the deadline, you can never get them to pay you for your injuries. Contact us as soon as possible to begin the legal process.
What Do I Have to Prove to Win a Personal Injury Claim?
We must establish the other person was negligent to hold him responsible for your damages. That means showing these four details were true about your accident:
- The other person had a duty of care toward you;
- He failed to perform according to that duty of care;
- His failure directly caused the harm to you; and
- You suffered damages because of it.
We have legal duties as we go about our daily lives. For example, when we are driving our cars, we have a legal duty to keep a careful lookout and operate our vehicles safely.
If someone fails to exercise the care required, that is a breach of the duty of care. For example, if the defective design of a hip replacement device causes infections, the manufacturer failed in its duty to provide safe devices.
There must be a direct connection between the at-fault party’s breach of duty and your harm. For example, a homeowner’s failure to keep their aggressive dog restrained must be directly connected with your dog attack.
If the above points are true, you are legally eligible for damages. Damages offer compensation for your related losses, such as your medical costs, wages you missed during recovery, your long-term care expenses, and the pain of enduring the accident.
Our attorneys will obtain convincing evidence proving the negligence of the at-fault party and the value of what you lost in your accident. We will use this documentation to file a claim with the other party’s insurer for fair compensation. If the insurer will not agree to a fair settlement, we can file a lawsuit and let a judge or jury decide.
What Happens If I Was Also at Fault?
In many situations, more than one person was negligent. Texas follows the rule of proportionate responsibility—also called comparative fault—in these cases. This law means that you can still recover your damages even if you were partly at fault, but you will receive reduced compensation based on the amount of your negligence. If you were 51 percent or more at fault, you will not receive any compensation from the other party.
If you were partially at fault in your personal injury accident, we will fight for the maximum damages you can recover under the law.
How Can I Get Help From a Personal Injury Lawyer in Baytown?
At D. Miller & Associates, PLLC, we can help you stand up to at-fault party and their insurance company. Call us today at 713-850-8600 to set up your free consultation with an attorney in Baytown.
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