In Texas, you can hold the driver who caused your car crash liable for the injuries and financial damages you sustained. If you can prove another motorist acted negligently and this led to your car accident, you may be able to get money to pay for your medical care, cover lost wages, and help you get back on your feet. Recovering compensation is possible through a liability insurance claim or a personal injury lawsuit. A car accident lawyer in Beaumont can help.
At D. Miller & Associates, PLLC, our Beaumont car accident attorneys are ready to go to work for you. We can evaluate and analyze your case, explaining your rights and legal options. If we find you have a viable claim, we will pursue compensation on your behalf. Call us today at 713-850-8600. We offer free case reviews and handle these claims on a contingency fee basis.
Damages Available in a Car Accident Claim
The damages available vary widely. They are dependent on:
- Your injuries;
- The cost of your care;
- Your future and ongoing care needs;
- Your prognosis, including any related impairments;
- The damage to your vehicle; and
- A number of other factors.
If you suffer from a traumatic brain injury, for example, you are eligible for compensation to pay for the long-term medical care and daily assistance you will need going forward. Some of the most common types of damages we recover for our clients include:
- The cost of medical treatment and related expenses;
- Ongoing care costs, such as home health care or a long-term care facility;
- Lost wages, future lost income, and lost benefits;
- Property damage, including repair or replacement of a vehicle;
- Other related out-of-pocket expenses; and
- Pain and suffering damages.
To ensure we recover the full value of our clients’ losses, we launch a full investigation into every accident. This allows us to collect documentation of your losses and calculate an accurate fair settlement value. Skipping this step could potentially leave money on the table and leave you paying for some expenses yourself.
We will collect evidence, such as:
- Medical bills;
- Medical records;
- Information from experts about your prognosis and any future care costs;
- Receipts for any out-of-pocket expenses;
- Estimates for the repair or replacement of your vehicle;
- Pictures and descriptions of the damage to your vehicle; and
- Any verifiable evidence of your pain and suffering.
Proving Negligence and Liability in a Car Accident Case
Negligence plays a central role in all Texas car accident claims. To win compensation, you must show the other driver was at fault. Unless you can prove another motorist caused your accident, you cannot file a liability claim based on their auto insurance or pursue a personal injury case against them.
Proving the other driver acted in a negligent manner requires us to show four things:
- They had a duty to follow all applicable traffic laws and drive in a careful manner;
- They failed to uphold this duty;
- Their failure directly caused the crash and your resulting injuries; and
- You suffered financial losses.
During our investigation into how and why your accident occurred, we may call on a number of professionals to help us understand what happened. For example, accident reconstruction specialists can testify how the other driver’s actions caused a crash and explain how you suffered injuries. This, in addition to other evidence, may play a key role in building a solid case against the at-fault driver.
We may also collect:
- The police report filed at the scene of the crash;
- Blood test results, if the other driver was drunk;
- Witness accounts of the accident and the aftermath;
- Pictures or video from the scene;
- Dash cam video or any other available video of the accident;
- Documentation of the damage to each vehicle, such as pictures or notes from the body shop;
- Your medical records; and
- Documentation of your full range of damages.
What to Expect From the Claims Process
Most claims settle out of court through a settlement negotiation process. This process begins when we approach the driver’s auto insurance company, present a general outline of our case, and ask for the payout you deserve. Usually, we do this with a demand letter. This puts the request in writing.
You can expect the insurance company to respond with a counteroffer, usually much lower than our initial number. This launches the settlement negotiation process, where we aggressively pursue the full value of your case. Because we calculated your accident-related damages, we know exactly what a fair settlement will look like and we will not settle for less. Our negotiators usually succeed in this endeavor, reaching a fair settlement agreement with the insurance company and recovering the maximum compensation possible.
Occasionally, an insurance company will deny our claim or refuse to negotiate fairly. When this occurs, we are not afraid to take the case to court. We will file a personal injury lawsuit and litigate the case against the at-fault driver. Sometimes just filing a lawsuit will encourage the insurance company to increase its offer. If not, we will present our case to the judge and ask the court to award fair compensation.
If we need to file a lawsuit in your case, the state’s statute of limitations only gives us two years from the date of the crash to do so. While this deadline does not technically apply to cases that never make it to court, it still plays an important role in settlement negotiations. Having the option to litigate gives us an upper hand, providing an incentive for the insurance company to extend a fair offer.
Talk to a Car Accident Lawyer in Beaumont About Your Crash
If you suffered injuries in a collision that occurred because of a careless or reckless driver, you may be eligible to collect compensation for your accident-related damages. The lawyers at D. Miller & Associates, PLLC, can help you file an insurance claim or pursue a personal injury lawsuit against the at-fault driver. We will fight for the full payout you deserve.
Call us today at 713-850-8600 to schedule your free case review with a car accident attorney in Beaumont.