If someone else’s negligence caused your physical injuries, emotional damages, and financial losses, you may be able to hold them accountable for their actions under Texas personal injury laws. Almost any type of accident that occurs due to another party’s reckless, careless, or unreasonable behavior can support a personal injury claim. A personal injury lawyer in Beaumont can help you understand the validity of your case and explain your options for recovering the money you deserve.
A personal injury attorney from D. Miller & Associates, PLLC, can answer your questions about your accident and address any concerns you may have. We can explain your right to compensation and evaluate your case to help you understand the best route to a full payout. Call today for a free case review and let us handle your legal battle while you focus on recovering from your injuries.
You can reach us at 713-850-8600.
Recoverable Damages From a Personal Injury Claim
The damages available in a personal injury action can vary widely, depending on the type of accident, the nature of your losses, and the severity of your injuries. In general, you can expect to recover damages to pay for:
- Medical care;
- Ongoing care or future care as necessary;
- Some out-of-pocket costs;
- Repair or replacement of vehicles or other damaged property;
- Lost wages from the time of your injury until now;
- Future lost income and benefits, if you cannot return to work;
- Pain and suffering damages;
- Wrongful death, if a loved one died in the accident; and
- Other related expenses.
Before we can demand compensation from the insurance company or ask for an award in court, we need to understand the full range of your losses. This requires us to identify and document all your economic losses and bolster our case for non-economic damages, such as pain and suffering. Some of the evidence we commonly collect includes:
- Medical bills;
- Expert testimony about your prognosis and any future or ongoing care;
- Pay stubs and other documentation of lost wages;
- Receipts for any necessary out-of-pocket expenses;
- Receipts or estimates for property damage repair or replacement; and
- Any documentation of your pain and suffering.
Proving a Personal Injury Claim
Personal injury cases can vary drastically, from the way the injuries occurred to the laws that outline the claims process. There is, however, one thing all personal injury cases have in common: negligence. Proving negligence and liability lies at the heart of winning an insurance payout or court award in any case. We have to provide evidence to prove the following:
- The defendant had a legal obligation to keep you safe, warn you of hazards, or follow specific laws or protocols;
- They failed to uphold their obligation;
- Their action or inaction put you in danger, causing or failing to prevent your injuries; and
- You suffered financial, physical, and emotional damages because of your injuries.
Most personal injury cases settle out of court. After a full investigation, we begin almost every case by filing an insurance claim based on the at-fault party’s auto, homeowner’s or business liability insurance. We send the insurer a demand letter outlining our case and asking for a payout. Insurance companies typically respond with a counteroffer, and this launches a series of negotiations. We do not back down when negotiating settlements for our clients. We will not settle for a less-than-fair payout.
If the at-fault party’s insurance company refuses a fair settlement agreement, we may need to file a lawsuit. We are not afraid to take any liable party to court and present the case to the judge. In some instances, this is the only way we can get the compensation our clients deserve.
Deadlines for Filing a Personal Injury Lawsuit in Beaumont, Texas
The Texas statute of limitations gives you two years to file a lawsuit against the person who caused your injuries. The clock starts ticking the date of your accident. The judge will likely throw out any lawsuit filed after the statute of limitations expires.
Even if we believe we can settle your case out of court, it pays to file your insurance claim and reach a settlement before this deadline. Knowing we have the option to take your case to court provides an important incentive for the insurance company to listen to our evidence and take your claim seriously. If the insurer knows you cannot file a lawsuit, it may be unwilling to negotiate a settlement based on our terms.
In some cases, there may also be other deadlines that apply. For this reason, we encourage you to reach out to us as soon as possible after an accident. We can help you understand the claims process and keep your case on schedule.
Common Types of Beaumont Personal Injury Accidents
We handle a wide variety of personal injury cases. We can help you navigate the claims process no matter how someone else’s careless actions caused your injuries. Do not hesitate to call us if you believe you have a valid claim. Some of the most common ways our clients suffer personal injuries include:
- Car accidents;
- Truck accidents;
- 18 wheeler and semi truck accidents;
- Motorcycle accidents;
- Pedestrian accidents;
- Bus accidents;
- Bicycle accidents;
- Slips, trips, and falls and other premises liability accidents;
- Brain injury incidents;
- Work injuries;
- Rideshare crashes
- Drunk driving accidents; and
- Dog attacks.
Talk to a Personal Injury Lawyer in Beaumont About Your Case
The Beaumont personal injury attorneys at D. Miller & Associates, PLLC, can determine if you have a valid case and fight for the full payout you deserve. We offer free initial consultations to learn more about your claim and answer any questions you may have. If we accept your case, we will handle it on a contingency basis. You do not owe us attorney’s fees unless we win a payout for you.
Call us today at 713-850-8600 for an appointment.
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