D. Miller & Associates, PLLC™ fights 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 should not have to pay for someone else’s carelessness.
We will investigate your personal injury accident in the Baytown, TX, area, collect evidence of your losses, and pursue the value of your damages from the at-fault party. We can review your legal options and explain how our personal injury lawyer serving Baytown may be able to help you during a free consultation.
You Could Recover Damages in Your Personal Injury Case
Damages in a personal injury case will vary, as several factors unique to each case determine how much you can recover. Common monetary (economic) damages victims can collect are:
- Medical treatment. These include emergency care and hospital stays, and related expenses. It also includes ongoing care, such as rehabilitation and therapy, medications, and more.
- Lost wages and benefits. If you had to miss work and lost income or saw reduced income as a result of your recovery, you could seek to be compensated for those losses. You could also seek to recover repayment if your injuries are permanent and have adversely affected your employment in some way. If you have lost your job as a result of your accident, you could seek to recoup those damages, as well.
- Property damage. You can seek financial recovery for any property damage you sustained during your accident or injury. For example, if you were in a car accident, your damages could include repairing or replacing your vehicle.
You may also be able to collect non-monetary (non-economic) damages in your Baytown injury case. Such damages include:
- Pain and suffering. Injuries also cause psychological harm. If your accident or injury impacted your mental health in any way, you could seek damages to pay for the therapy and/or counseling you need.
- Disfigurement or scarring. You may be able to recover damages for any physical changes you are experiencing due to your injuries. This could include any scarring you have that has affected your appearance or your ability to move or get around on your own.
- Loss of life enjoyment. If your injury has made it difficult for you to enjoy the hobbies or activities you used to without assistance, you could seek recovery for this, as well.
Recovering Wrongful Death Damages
If your personal injury involves the loss of a loved one, you may be able to file a wrongful death action to recover damages on your loved one’s behalf. We can evaluate your case today to see if this legal option is open to you. If your wrongful death action is successful, you could recover the costs of your loved one’s medical bills, funeral and burial arrangements, and other end-of-life expenses.
We Can Determine How Much You Could Recover in Your Case
Personal injury victims commonly ask how much their case is worth and how much they can recover in their case in a settlement or court award. The answer depends on various factors, including:
- The types of injuries you suffered and how severe they are
- How the accident or incident has affected your livelihood and well-being
- Who is liable for your accident
Whether your accident caused serious injuries or not, we encourage everyone to explore their legal options. Our personal injury lawyer serving Baytown can look at your case, total up your monetary and non-monetary damages, and help you figure out how much you could potentially recover. Someone from our team can speak with you about your financial recovery and explain your options to you.
How D. Miller & Associates, Pllc™, Can Pursue Damages in Your Baytown Case
At D. Miller & Associates, PLLC™, we listen to your clients. We walk them through their case, explaining their options and what they are facing. We answer their questions and address their needs and concerns.
Our lawyer serving Baytown will identify the party or parties responsible for causing your accident and take the steps needed to pursue your claim or lawsuit.
As part of our full investigation into your accident injuries, we will also:
- Collect and review evidence that helps us build your case
- Represent you in all legal proceedings and meetings
- Handle all communications with the opposed party’s insurer and attorney
- Negotiate on your behalf for a fair insurance settlement
- Take your case to trial if we are not able to settle with the insurance company
- File your case on time with the civil court and within the statute of limitations that applies to your case
You Have Two Years to Pursue a Personal Injury Case in Texas
Under Texas law, we have a small window in which to seek recovery for your injuries. Legal action in a personal injury accident must be taken within two years of the date it happened. If we miss this deadline, we likely will not be able to represent you or help you get the financial recovery you are seeking. The same deadline also applies to wrongful death actions, as well.
We encourage you to reach out to us as soon as you can.
What Kind of Cases Does Our Baytown Personal Injury Lawyer Handle?
Our lawyer serving Baytown handles claims and lawsuits from any of the following:
- Car accidents
- Truck accidents
- Bus accidents
- Drunk driving incidents
- Slip and fall accidents
- Wrongful death
- Workplace claims
- Premises liability accidents
- Dog bites
- Rideshare accidents
- Motorcycle accidents
- Defective medical device and drug injuries
- 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.
Should You Hire a Personal Injury Lawyer?
Working with an attorney on your personal injury case has many benefits, including giving your time back to you to heal from your accident and focus on other matters. It also may give you peace of mind to know that professionals are handling your legal matters with the utmost respect and care. With us by your side, you don’t have to figure out complicated legal issues and complex jargon to understand what’s going on in your case.
Vehicle Accident Cases
In these kinds of cases, our attorney will set out to help you prove that another party caused your accident. An insurer that you are seeking financial recovery from may disagree and say otherwise—that you caused your own accident and resulting injuries.
A lawyer can help you prove your case with evidence that displays the other party’s negligence. They also can help you protect your rights and avoid insurer tactics that can affect your chances of receiving a settlement. Your lawyer will know how to handle situations where insurers don’t want to negotiate.
Accidents involving 18-wheelers and commercial trucks are often more complex than accidents involving passenger vehicles. Multiple parties could play a role in causing the accident, making determining liability a challenging task. Working with an attorney who understands state and federal laws in these cases can be to your advantage.
Slip and Fall Cases
If you are suing for damages in a slip and fall case, you may find you want to work with a lawyer who can help you prove your case if the owner of the property where you fell says you caused your accident and fell on your own. Our lawyer can look at your case and determine who is liable for your injuries.
If you are seeking damages due to taking a defective drug or using a defective product, your attorney can help you take legal action against the manufacturer, seller, distributor, or other entity.
Having legal representation of your own can help your case, especially because these parties also have their lawyers ready to address these kinds of legal actions. We can examine your case and determine who’s responsible for your injuries in those kinds of cases.
What Do I Have to Prove My Personal Injury Claim?
We must establish the other person was negligent in order 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.
- The person failed to perform according to that duty of care.
- The failure directly harmed you.
- 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 restrain their aggressive dog must be directly connected with your dog attack.
We Must Prove Negligence to Collect Compensation for You
If the above points are true, you are legally able to recover damages. Damages offer financial recovery 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 evidence that proves 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 a fair recovery. If the insurer does 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 a reduced recovery based on the amount of your negligence.
If you were 51 or more percent at fault, you will not receive any payment from the other party. If you were partially at fault in your personal injury accident, we will fight for the fair damages.
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 what 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 funds to pay for the costs you will face in the future. Once you sign a settlement offer, you cannot ask for more pay 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.
How Can I Get Help From a Personal Injury Lawyer in Baytown, TX?
At D. Miller & Associates, PLLC™, we can help you stand up to the party responsible for your accident and their insurance company. Call us today at (713) 850-8600 to speak with a team member about your free consultation to learn how our attorney serving Baytown may be able to help you.
We accept no upfront payment from you to start work on your case. We receive our payment if we recover a settlement or court award on your behalf.