Texas personal injury laws allow you to file an insurance claim or a lawsuit against the person whose negligence caused your physical injuries, emotional damages, and financial losses. If another person acted in a reckless or careless way, a personal injury lawyer in Port Arthur can help you hold them accountable for the damages they caused.
The personal injury attorneys from D. Miller & Associates, PLLC, are here to help you recover the compensation you deserve. We offer free case evaluations and can explain the strength of your claim. We will help you understand your options, and even file your claim or lawsuit for you if we believe you have a valid case against the other party.
Call our office today at 713-850-8600 for a free case review and consultation.
Damages Available in a Successful Port Arthur Personal Injury Claim
Almost any type of accident caused by negligence can support a personal injury claim. The nature and severity of the injuries suffered vary widely from case to case, as do the other common damages. The losses associated with a car accident, for example, may be very different from those you suffer after a slip and fall in a local restaurant.
Some of the types of damages common to many personal injury cases include:
- Medical care costs;
- Ongoing care costs;
- Related miscellaneous expenses;
- Repair or replacement of damaged property, such as a vehicle, bicycle, cell phone, watch, or other personal items;
- Lost wages through the date of the claim;
- Future lost income and benefits; and
- Pain and suffering
Before we can understand the full value of your case, we need to calculate the losses and expenses you experienced.
To learn how much your case is worth, we need to identify and document your damages. Some common evidence we collect during this process includes:
- Medical bills;
- Receipts from the pharmacy and other care-related expenses;
- Expert testimony about your prognosis;
- Documentation of your impairments, and any future medical needs;
- Pay stubs and documentation of missed work;
- Receipts for any out-of-pocket expenses;
- Receipts or estimates for repair or replacement of personal property; and
- Any available documentation of your pain and suffering.
Proving Negligence and Liability in a Port Arthur Personal Injury Claim
To win any personal injury case, we need to prove the other party acted in a negligent manner and is, therefore, liable for your injuries. Proving negligence requires us to meet four essential elements. You could qualify for damages if the following details are true about the at-fault party in your case:
- They had a legal obligation to behave in a reasonable manner, including following certain laws or best practices, and protecting you from unreasonable danger;
- They failed to uphold their obligation, putting you in unreasonable danger by breaking laws or protocols in place to protect you and others;
- This failure caused or failed to prevent your accident and injuries; and
- You suffered financial damages and physical injuries because of their behavior.
In general, we can settle most personal injury cases without having to file a lawsuit. This is possible because we:
- Conduct a full investigation into every case we handle;
- File an insurance claim based on the liable party’s auto, homeowners, or business liability policy;
- Issue the insurance company a demand letter stating our case and demanding a payment;
- Review any counter-offers and reject those that are too low to pay for your damages;
- Enter into settlement negotiations with the insurance company; and
- Aggressively negotiate until the insurance company offers a fair payout based on your damages.
Only if the insurance company denies your claim or refuses a fair settlement will we take your case to court. We will present your case to a judge and jury, and ask them to award you the compensation you deserve.
Common Types of Port Arthur Personal Injury Accidents
No matter how your accident and injuries occurred, we can help you file your claim or pursue a lawsuit against the liable party. Almost any type of accident and injury can occur because of someone else’s negligence. If you believe you have a viable claim, do not doubt yourself. Call us for a free review. You have nothing to lose.
Some of the most common types of personal injury accidents we handle include:
- Car accidents;
- Truck accidents, and 18 wheeler and semi truck accidents ;
- Motorcycle accidents;
- Pedestrian and bicycle accidents ;
- Bus accidents;
- Slips, trips, and falls;
- Other premises liability incidents;
- Defective product injuries;
- Dog bites;
- Drunk driving accidents.
Under the Texas statute of limitations, you have two years from the date of your injuries to file a personal injury lawsuit against the liable party. While this may sound like a long time, in most cases, we need to conduct an investigation and pursue an insurance claim first. For this reason—and because evidence often disappears quickly after these accidents—we recommend giving us a call as soon as possible if you believe you have a viable personal injury claim.
Talk to a Personal Injury Lawyer in Port Arthur About Your Case.
The Port Arthur personal injury team from D. Miller & Associates, PLLC, will evaluate your case and explain if we believe you can pursue compensation based on the facts of your accident and injuries. Our free consultations give you the chance to ask any questions you have about your case, and we can address all of your concerns.
If we believe you have a strong case against the at-fault party, we will handle the entire claims process or lawsuit for you on a contingency basis. This means you will not pay us any attorney’s fees until we recover compensation for you.
Call us today at 713-850-8600 to get started.
Related Frequently Asked Questions
- How Does Maximum Medical Improvement Apply to My Injury Case?
- Can I Sue If My Hip Replacement Gets Infected?
- What Is a Deposition & How Do They Affect Personal Injury Cases?
- What Are Slip and Fall Injury Cases Worth in Texas?
- After An Accident With A Commercial Truck, Do I Sue The Company Or The Driver?