All too often, one person’s negligence causes others to suffer physical injuries, emotional pain, and financial stress. In Texas, the victims of a personal injury accident that occurred due to someone else’s negligent behavior can often file an insurance claim or lawsuit to hold the at-fault party liable for the damages they caused.
If you suffered injuries in an accident, the legal team from D. Miller & Associates, PLLC, can help you understand your rights. We can explain your options for compensation, identify the responsible parties, and help you file your insurance claim or lawsuit. We offer free case evaluations, where we will provide advice and guidance based on your specific circumstances.
Call 713-850-8600 today at for a free consultation with a personal injury lawyer in Pearland.
Damages Available From a Pearland Personal Injury Claim
Personal injury accident victims can collect a wide range of damages from the negligent party, either through an insurance claim or a personal injury lawsuit. These damages vary from case to case, but often include:
- Medical care costs;
- Ongoing care costs, when necessary;
- Accident-related expenses;
- Repair or replacement costs for damaged property;
- Lost wages;
- Future lost income and benefits;
- Pain and suffering; and
- Other related losses.
One of the most important parts of any personal injury case is calculating the value of your damages. There is no way to know how much your claim is worth without understanding the full range of your losses. As a part of our investigation into your accident, we collect evidence and documentation of your damages. This allows us to present a strong case for full compensation on your behalf. Some of the most common evidence we use includes:
- Hospital bills;
- Documentation of other medical care costs;
- Expert testimony about future and ongoing care costs;
- Documentation of your lost wages;
- Receipts for any expenses;
- Receipts or estimates for property damage repair or replacement; and
- Any supporting documentation of your pain and suffering.
Winning a Payout for Your Claim
To win an insurance award or lawsuit, we must show the other party acted in a negligent manner. All personal injury claims hinge on negligence. To prove negligence, we must prove four things:
- The other party had an obligation to act in a certain way, protecting you from specific hazards;
- They failed to do so, acting in a careless, reckless, or unreasonable manner;
- Their actions or lack of action caused your accident and injuries; and
- You suffered economic losses because of your injuries.
Because an accident can occur in so many different ways, there is no one way to approach navigating these claims. The laws that apply in a slip and fall accident are very different from the Texas auto liability laws, and those are different still from the laws that outline how we handle a defective product case. When we evaluate your case, we can help you understand the applicable laws and explain your options. We handle all types of personal injury cases and can guide you through the claims process no matter how your injuries occurred.
Most cases never require us to file a lawsuit. Instead, we can present evidence to the insurance company and ask for a fair payout. Often, we have to aggressively negotiate with the insurer’s representatives to get the fair settlement our clients deserve, but this is usually successful.
Only occasionally do we have to file a personal injury lawsuit. However, if this is the only way to get you the money you need, we are not afraid to take on any individual, insurance company, or even large corporations.
Deadlines for Filing a Personal Injury Lawsuit in Texas
Texas law generally gives you two years from the date of your injury to take the negligent party to court. In general, you should file your insurance claim early enough in the process to ensure you retain the right to file a suit if the insurer denies your claim or refuses a fair settlement. The time limit only applies to filing a lawsuit, but knowing you have the option to sue provides the insurance company with incentive to offer a better payout.
It is also important to note that you could have significantly less time to act in some cases. For example, you may only have a few weeks to notify a government agency of your injuries if they occurred on their property. For this reason, we recommend contacting us as soon as possible after your injuries.
When you call us to discuss your case, we can help you understand how quickly we need to act. Building a strong case to prove negligence and liability—and calculating your full damages—takes time. There is little recourse if you wait too long to give us a call.
Understanding Personal Injury Accidents
Personal injuries occur in a number of ways. Almost any accident that occurred due to the negligence of another person could be the basis of a claim. Some of the most common cases we handle for our clients include:
- Car accidents;
- Truck crashes;
- 18 wheeler and semi truck collisions;
- Motorcycle accidents;
- Pedestrian accidents;
- Slips, trips, and falls;
- Other premises liability claims;
- Bus crashes;
- Bicycle accidents;
- Work injuries; and
- Dog bites.
Talk to a Personal Injury Lawyer in Pearland About Your Case Today
The personal injury attorneys at D. Miller & Associates, PLLC, are here to help you hold the at-fault party accountable and recover the compensation you deserve. We will meet with you for free to discuss your case. We can analyze your situation and help you understand if you have a viable claim. If we accept your case, we will fight for the full value of your claim or take the case to court.
We handle all personal injury claims on a contingency basis. You pay nothing until we recover a payout in your case. Call us today at 713-850-8600 to get started.