Texas operates on a fault-based auto insurance system. That means you may be eligible to file a claim and hold the driver who caused your crash financially responsible for your injuries. Through a liability insurance claim or a lawsuit, a car accident lawyer in Pearland can often help victims recover the money they need to pay their medical bills, make up for lost wages, and cover other related losses and expenses.
The car accident team from D. Miller & Associates, PLLC, can help you understand your legal rights after a crash. We can analyze your case, identify the liable parties, and explain your options for compensation. Then, if you choose to, we can handle your claim for you. We will fight for the full compensation you deserve. Call us today at 713-850-8600 to schedule your free case review.
Recoverable Damages in a Pearland Car Accident Claim
The damages recoverable in a winning case depend on a number of factors, including the nature and severity of your injuries, the cost of your care, your prognosis, and whether you suffered permanent injuries. If you suffered a traumatic brain injury, for example, you may qualify for more compensation to pay for the long-term care you will need in the future. While each case is different, some of the most common types of expenses and losses we recover for our clients include:
- Medical care costs;
- Ongoing care costs;
- Lost wages;
- Future lost income and benefits;
- Property damage;
- Other related expenses; and
- Pain and suffering.
We cannot just demand a payout from the insurer. Instead, we need to fully investigate your crash and ensure we understand what a fair settlement will look like. If this does not happen in your case, you could leave a lot of money on the table—and have to pay for your future care out-of-pocket.
To learn the value of your claim, we must collect all available evidence to document your losses and accident-related expenses. This could include:
- Your medical records;
- Information from experts about your future and ongoing care costs;
- Receipts for any related out-of-pocket expenses;
- Estimates for repairs to your vehicle;
- Documentation of the damages to vehicle; and
- Any documentation of your pain and suffering, such as a journal.
Proving Liability and Winning a Car Accident Case
All Texas car accident cases hinge on proving the other driver caused the crash. This requires showing they acted in a careless, reckless, or unreasonable way. Legally, this is negligence.
Proving negligence requires us to provide evidence of the following:
- The at-fault driver had a duty to follow all traffic laws and drive in a reasonable and safe way;
- They broke a traffic law or otherwise acted carelessly or recklessly;
- Their actions directly led to the crash and your injuries; and
- You suffered financial losses because of the accident.
When we agree to represent a client, we launch an investigation into their accident and gather all available evidence. This allows us to understand exactly why and how the crash occurred. Sometimes, we even enlist the help of accident reconstruction specialists and other experts to get a better understanding of each driver’s role.
Some of the most common types of evidence we use to prove liability include:
- The police report;
- Witness accounts of the accident;
- Pictures or video of the scene;
- Dash cam video or video of the accident from a local business;
- Documentation of the damage to each vehicle;
- Testimony from any experts necessary to prove your case; and
- Your medical records.
What to Expect From the Car Accident Claims Process
Most car accident cases never make it to court. Instead, they settle before a personal injury lawsuit becomes necessary. Generally, we can approach the at-fault driver’s auto liability insurance carrier and request a payout based on your damages. Negotiations usually follow, but we settle most cases in this way. We fight aggressively to reach an agreement for a fair settlement with the insurance company and get our clients the full value of their claim.
Some victims attempt to handle this process on their own. However, we recommend you discuss your case with an attorney before signing anything. It is our goal to ensure you get all the money you need to cover every dime the accident cost you, both currently and in the future. Many of our clients recover much more with our help than they could on their own.
Only when the insurance company refuses to accept liability, denies your claim, or refuses a fair settlement do you need to consider litigation. While it is a last resort, we are not afraid to take your case to court if that is what it takes to get the maximum compensation you need and deserve.
Time Limits for Filing a Car Accident Claim or Lawsuit in Texas
Texas law gives you two years from the date of the accident to file a personal injury lawsuit and take the at-fault driver to court. Since we rarely need to pursue a civil suit, this deadline does not directly apply to most claims. However, there is still an important reason to act quickly.
Knowing we can sue them if they refuse a fair payout is key motivation for the liable driver and their insurance company. This leverage helps us get the fair settlement you deserve. If we do not have the option to file a lawsuit, the insurer may refuse full compensation or deny your claim altogether.
Talk to a Car Accident Lawyer in Pearland, Texas
If you were the victim of a Pearland car crash, you may be eligible to file a claim for compensation against the driver who caused your accident. At D. Miller & Associates, PLLC, we can evaluate your case, identify the at-fault party, and explain your options for holding them liable for the damages you suffered. We will represent you, filing your claim or fighting for full compensation in court. Call us today at 713-850-8600 for a free case review and consultation.