D. Miller & Associates, PLLC
2610 W Sam Houston Pkwy S #200
Houston,
TX
77042
US
Hours: Open 24 hours, 7 days a week
In a city as dynamic and expansive as Houston, serious accidents can happen in an instant. Whether involving motor vehicle collisions, construction site incidents, or unsafe property conditions, the consequences can be life-altering. If you’ve been hurt due to another party’s negligence, the challenges that follow, including medical treatment, lost income, and extended recovery, can place a significant burden on you and your family.
Personal injury law is complex and involves many legal challenges, such as getting your lawsuit filed within the statute of limitations, collecting sufficient evidence to prove your damages, and negotiating an appropriate settlement amount with the opposing side and their attorneys.
At D. Miller & Associates, PLLC®, a Houston personal injury law firm, we have years of experience handling a variety of cases for clients. If you hire us as your attorneys, you don’t pay a dime unless and until we get you the financial recovery you deserve. Contact us today to schedule a free consultation to discuss the details of your case.
Why Choose D. Miller & Associates, PLLC® for Your Personal Injury Case?
Trust our legal team at D. Miller & Associates, PLLC®, to fight for your rights. We have helped accident victims obtain significant settlements for their injuries. With over $650 million recovered in verdicts and settlements, and more than 36,000 cases successfully resolved, we have demonstrated consistent results for our clients. We want to put our resources to work for you.
Backed by 66 years of combined legal experience and a dedicated team of 83 professionals, we provide the commitment necessary to pursue justice and maximize your recovery for your damages and losses.
We have received several awards and honors that reflect our commitment to excellence and client satisfaction, including:
- Small Business Community Association – Excellence Award
- The National Trial Lawyers – Top 100
- American Institute of Personal Injury Attorneys – 10 Best Award for Client Satisfaction, 2017-2018
They underscore our dedication to providing exceptional legal representation and our ongoing commitment to serving our clients with integrity and professionalism.
Meet Your Legal Heroes
Behind every case stands a team of dedicated legal heroes, ready to take on the insurance companies and fight for the compensation you deserve.
Types of Personal Injury Cases We Handle
At D. Miller & Associates, PLLC, we represent clients across Houston and surrounding areas in a broad range of personal injury matters. The following are the primary categories of claims we regularly handle on behalf of injured individuals and their families:
- Car Accidents. If you were hit on busy roads like Westheimer or the 610 Loop, our firm can help you recover damages from the at-fault driver.
- Truck Accidents. Given the mass and size of a large truck, truck accident injuries are frequently catastrophic or fatal. We negotiate for the compensation you deserve.
- Motorcycle Accidents. Motorcyclists face unique risks in high-traffic areas like Bellaire Boulevard. We fight for injured riders struck by negligent drivers or injured due to hazardous road conditions.
- Pedestrian Accidents. If you were hit by a car while walking near Hillcroft Avenue, in Downtown Houston, or other areas, we can help you pursue a claim for your injuries and hold the driver accountable.
- Bus Accidents. Whether you were injured while riding a METRO bus or struck by a private charter, our firm thoroughly investigates all bus-related accidents and pursues full compensation.
- Bicycle Accidents, Houston cyclists, particularly those in neighborhoods like Montrose and The Heights, are vulnerable to distracted drivers. We represent those injured in serious bicycle collisions.
- Commercial Vehicle Accidents. Accidents involving delivery and box trucks, dump trucks, garbage trucks, and work vans require a focused legal strategy.
- Wrongful Death. If you’ve lost a loved one due to another party’s negligence, we can help your family pursue a wrongful death claim and seek justice for your loss.
- Catastrophic Injuries. Life-altering injuries like brain damage, paralysis, or amputation require long-term care. We fight for maximum compensation so clients can access the treatment and support they need.
- Construction Accidents. Injury victims, either visitors or those without access to workers’ compensation, may be able to file a third-party liability claim to cover their damages.
- Premises Liability. If you were injured due to unsafe conditions on someone else’s property, e.g., a grocery store, apartment complex, or restaurant, we’ll help you build a strong premises liability claim.
- Nursing Home Abuse. We represent vulnerable seniors and their families in cases involving nursing home abuse and neglect at Houston-area nursing homes and assisted living facilities.
- Slip and Fall Accidents. Wet floors, broken stairs, or poor lighting frequently cause serious slip and falls. Our attorneys pursue these claims aggressively to recover your losses.
- Sexual Abuse Cases. We represent survivors of sexual abuse. Whether the abuse occurred in a school, religious institution, workplace, or healthcare setting, our compassionate attorneys work to hold individuals and organizations accountable for their actions.
- Industrial Accidents. From chemical burns to explosions, industrial injuries are common in Houston’s energy and manufacturing sectors. We pursue accountability and compensation for injured workers.
- Dog Bites. A dog bite can lead to infection, scarring, or psychological trauma. We’ll help you recover damages and hold negligent owners responsible.
- Workplace Injuries. We gather evidence to support our case as we draw up a plan to file a workers’ compensation claim, a third-party lawsuit, or both.
As noted, this area of law is challenging to navigate. A personal injury attorney in Houston signals to the other party that you are serious about recovering compensation for your losses and will not accept low-ball offers.
What Compensation Can You Recover in a Personal Injury Claim?
In Texas, accident victims may be eligible for compensation across three primary categories of damages: economic, non-economic, and punitive damages, which are rare but may be awarded in cases involving gross negligence or intentional misconduct.
Economic Damages
Economic damages cover quantifiable, tangible financial losses:
- Medical expenses (emergency care, surgery, hospitalization, rehabilitation, physical therapy)
- Ongoing medical costs for long-term or permanent injuries
- Lost income and diminished future earning capacity
- Out-of-pocket costs, such as travel to appointments, home medical equipment, and home modifications
- Property damage, including vehicle repair or replacement
Non-Economic Damages
Non-economic damages address more subjective, intangible harm:
- Physical and emotional pain and suffering
- Mental anguish and psychological trauma
- Loss of enjoyment of life due to injury-related limitations
- Scarring or disfigurement that affects appearance or self-image
A personal injury claim aims to help restore what you lost, to the extent the law allows, by securing compensation that reflects the full scope of your losses. While no amount can undo a serious injury, a successful claim can provide the resources needed to support your recovery and help you rebuild your life.
Steps to Take After a Personal Injury Accident
The moments following an accident can be overwhelming. However, the steps you take immediately afterward are critical to protecting your health and your right to pursue fair compensation for your injuries:
- Seek Medical Attention Immediately. Your health is the first concern after any accident. Even if injuries appear minor, obtaining prompt medical care is essential. It ensures proper treatment and creates a documented medical record, which can support any future legal claims.
- Report the Incident. Notify the appropriate authorities, whether it’s law enforcement, a property owner, or your employer, depending on the nature of the accident. An official report can serve as critical evidence later.
- Document the Scene. If possible, take photographs or videos of the accident scene, your injuries, and any relevant conditions (such as wet floors, vehicle damage, or safety hazards). Collect contact information from witnesses.
- Avoid Making Statements to Insurers. After an incident, insurance representatives may reach out to obtain your statement. It is essential to exercise caution during these conversations. Do not agree to recorded statements or provide detailed accounts without first consulting legal counsel, as anything you say may later be used to challenge or reduce the value of your claim.
- Keep Accurate Records. Keep all medical records, bills, receipts, and any correspondence related to the accident. These documents are essential for substantiating your claim.
Once immediate medical concerns have been addressed, it is critical to retain experienced legal counsel as soon as possible. Early involvement allows our team to preserve key evidence, coordinate with medical providers, and strategically position your case for the strongest possible outcome.
What Is the Statute of Limitations in Houston, Texas?
Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 16.003), the statute of limitations for most personal injury claims is two years from the date the injury occurred. Failure to file within this period generally bars the injured party from pursuing legal action, regardless of the severity or legitimacy of the claim.
However, certain exceptions may apply. For example, if the accident victim is a minor or the injury was not reasonably discoverable when it occurred, as in cases involving delayed medical diagnoses or prolonged exposure to harmful substances, the statute of limitations may be temporarily suspended. This legal concept is referred to as “tolling.” These exceptions are limited in scope and often require a fact-specific legal analysis.
It’s wise to consult with an attorney as soon as possible. We can assess the facts of your case, identify the applicable deadlines, and take timely action to preserve your right to seek compensation.
How Our Personal Injury Lawyers Can Help
When you’ve sustained a serious injury, the physical, emotional, and financial stakes are high. Medical expenses can escalate quickly, your ability to earn a living may be compromised, and insurance companies often act swiftly to protect their own interests.
Experienced legal representation is essential to protect your rights. A Houston personal injury lawyer can play a vital role in your case by providing strategic guidance and advocacy through every stage of the legal process.
Here’s how:
Conducting a Thorough Accident Investigation
Prompt investigation is crucial to preserving key evidence. This includes collecting accident reports, photographs, surveillance footage, and witness statements. We may also assess relevant external factors, such as traffic conditions, weather, signage, and road design, particularly in high-risk areas like Beltway 8, US-59, or other accident-prone intersections in Houston.
Evaluating the Full Scope of Your Damages
Accurate valuation of your claim requires a comprehensive understanding of your injuries and losses. We often work closely with treating physicians and independent medical experts to determine current and future care needs. This includes quantifying economic losses, such as lost wages and diminished earning potential, as well as non-economic impacts like pain, emotional distress, and reduced quality of life.
Managing Communications and Negotiations with Insurance Companies
We will compile a comprehensive claim package that includes verified medical records, expert evaluations, employment documentation, and a detailed accounting of both economic and non-economic losses. This evidentiary foundation strengthens the negotiation process and improves the likelihood of a fair settlement.
Should the insurer engage in bad faith practices, such as unreasonable delays, unjustified denials, or offers far below the claim’s documented value, we can initiate legal proceedings to compel compliance and pursue litigation.
Representing You in Litigation and Trial
A trial becomes a necessary step when a resolution cannot be achieved through negotiation. A skilled attorney is prepared to present your case before a jury, using compelling evidence and expert testimony to advocate for full and fair compensation. Trial readiness also strengthens your position during settlement discussions.
In short, a Houston personal injury lawyer provides comprehensive legal representation, from initial case evaluation through settlement negotiations or trial, ensuring your interests are protected at every stage of the process.
Defenses Used by Insurance Companies and How We Counter Them
Insurance companies are primarily focused on limiting financial liability. When a personal injury claim is filed, it is common for insurers to assert defenses aimed at reducing or denying compensation. Below are some of the most frequently used in personal injury cases, along with the strategies we employ to counter them:
Allegations of Comparative Fault
Under Texas’s modified comparative fault rule, an injured party may recover damages if they are found to be 50% or less responsible for the incident. If they are deemed more than 50% at fault, recovery is barred entirely.
To counter claims of shared or sole liability, we conduct a thorough investigation using evidence such as eyewitness testimony, surveillance footage, accident scene analysis, and expert reconstruction to accurately determine fault and challenge unsupported allegations.
Disputing the Severity of Injuries
Insurance companies may attempt to downplay the extent of injuries to justify reducing a claim’s value. We present comprehensive medical documentation, including diagnostic imaging, physician reports, treatment plans, and expert medical evaluations. This evidence establishes the full scope of the injury and the necessity of ongoing or future care.
Attributing Symptoms to Pre-Existing Conditions
Insurers may argue that your symptoms result from a prior or unrelated medical condition, rather than the accident in question. However, under Texas law, defendants may still be held liable if their actions aggravated a pre-existing condition
To counter this defense, we consult with qualified medical experts who can differentiate between baseline health conditions and accident-related worsening of your symptoms, clearly establishing the causal connection between the accident and your current condition.
Failure to Mitigate Damages
Insurance companies may claim that the injured party failed to take reasonable steps to recover, such as missing medical appointments or not following prescribed treatment plans. Under Texas law, plaintiffs have a duty to mitigate their damages. To address this, we assist clients in maintaining consistent medical care and ensure that all treatment efforts and recovery progress are thoroughly documented to demonstrate good faith compliance with medical advice.
Speak to a Houston Personal Injury Attorney at D. Miller & Associates, PLLC®
If you suffered an injury due to someone else’s negligence or direct actions, you might be able to sue for recovery. Most of these cases settle and do not require going to court, but it is always important to have a skilled attorney on your side to maximize your chances at a successful resolution.
Call us for a free consultation on the strength of your case and how we can help you. Our Houston office number is (713) 538-1531, and we can also be reached by filling out the form on our contact page.
Let’s work together to get you and your family the recovery you deserve.