Driving while intoxicated (DWI) accidents aren’t accidents. Someone decided to get behind the wheel while drunk, and you got hurt as a result. A Tyler car accident lawyer from Loncar Lyon Jenkins can pursue financial recovery that helps you recover from a devastating drunk-driving crash. You can seek damages for your medical bills, lost income, and other related expenses through a claim or lawsuit.
It doesn’t matter whether the other motorist faces criminal charges or not. You have legal options, and we want to help you pursue them. Call us today for a free consultation.
We Will Seek Every Loss You Suffered in the DWI Collision in Tyler, TX
Our personal injury attorneys will study the details and circumstances of the collision in Tyler and assess the financial damages you endured in the DWI (driving while intoxicated) accident.
Compensation in your auto accident case may account for the following:
Your Accident-Related Medical Expenses
Suffering serious injuries in a car accident isn’t cheap. You may require physical therapy, medication, and other services for several months. The at-fault party should pay for your losses, not you or your family.
- Financial recovery for healthcare expenses may comprise:
- Mental health services
- Medications
- Doctors’ co-pays
- In-home nursing and assistance
- Mobility devices, such as wheelchairs and crutches
- Diagnostic imaging tests, such as x-rays and MRIs
- Blood tests
- The cost of treatment itself
Loss of Professional Damages
You deserve all the time in the world to recover from your condition. During this stressful time, you shouldn’t have to worry about making ends meet. Our law firm’s accident attorneys want your financial recovery to cover all your losses. Monetary compensation could include lost:
- Loss of wages and other earnings
- Lost bonuses
- Commissions and other incentives
- Hourly rates
- Tips
- Performances
- Freelance contracts
If your condition permanently affects your earning power, we can account for this loss in your claim, too.
Pain and Suffering and Inconvenience
Texas does not impose caps on pain and suffering in these situations. You may wonder how much you can recover for this expense. The value you could recover for pain and suffering depends on your condition, relationships, and estimated recovery period.
Wrongful Death Losses
Losing a loved one is never easy. We want you to focus on honoring your loved one’s life and spending time with your family – not worrying about paying for their funeral. Compensable wrongful death-related losses include:
- Funeral and burial expenses
- Loss of consortium
- Loss of spousal companionship
- Loss of parental guidance and household benefits
- End-of-life care costs, including hospice and life support
- Loss of the decedent’s income
Other Recoverable Losses After a Drunk Driving Accident in Texas
Everyone’s situation is different. You may incur losses not relevant to another person in the same accident. Additional compensable losses include:
- Property damage, which includes the cost of fixing or replacing your vehicle
- Rideshare costs (e.g., Uber, Lyft services)
- Childcare expenses, such as daycare
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Why Partner With Loncar Lyon Jenkins on Your Tyler DWI Case?
Since 1988, we’ve protected the rights and interests of people injured in DWI accidents throughout Texas. We care about their recovery from losses they have endured because of someone else’s negligence. No cases are the same, but we have seen what catastrophic injuries can result from collisions involving drunk drivers. These include spinal cord injuries, traumatic brain injuries, fractures, and other wounds. It can take months or years to recover from a crash.
As the National Safety Council (NSC) notes, disabling injuries can cost up to tens of thousands of dollars in medical costs and overall costs of treating an accident victim. You should not have to pay any of these costs for an accident you did not cause.
We serve more than 7,000 clients a year, but when we fight for compensation for you, we customize our legal services to meet your case’s unique needs. Our personal injury legal team will do everything possible to resolve your case. While you rest, we will hold the intoxicated driver and other liable parties accountable for their role in causing you harm.
We Will Charge You No Upfront Fees or Costs to Represent You
We are ready to start working for you now, and you do not have to spend time trying to figure out if you can afford to hire legal representation. We accept cases on a contingency fee basis, which eases our clients’ worries about money and allows us to start on their cases promptly.
We Will Investigate the Accident to Determine What Happened
We will find and use the following information to support your case:
- The police report from Smith County
- Your medical treatment records
- Traffic camera footage
- Black box data
- Eyewitness statements
- Testimony from accident reconstruction specialists
- The other party’s blood alcohol concentration test results
- Photos of your injuries and the accident scene
- Video surveillance footage (e.g., a traffic camera, dashboard camera, or a cell phone)
With the evidence we find, we want to prove that because another party drove while intoxicated, they caused your accident, and you suffered losses. Call us today to get started on a free case review.
Our Tyler Legal Team Must Prove Negligence, a Critical Part of Your Case
Negligence is the foundation of all personal injury claims. Before injured parties can receive compensation awards for their accident-related losses, they must prove how the other parties were negligent. To recover compensation, we must establish negligence. This requires showing:
- The other driver had a responsibility to drive safely.
- The other driver did not uphold this responsibility by driving while intoxicated.
- Their actions or inactions directly caused the motor vehicle accident that injured you.
- You suffered physical injuries and losses because of the collision. As a result, you should receive financial compensation for your accident-related damages.
As noted, with evidence, we can demonstrate these factors.
Our DWI Accident Attorneys Will File Your Insurance Claim
The Texas Department of Insurance (TDI) notes that every driver must have auto insurance. After an accident, you file a claim with the other party’s insurer to recover compensation. To file a successful claim, we must:
- Present the claims adjuster with evidence that links the accident to your injuries
- Send your demand letter
- Negotiate a settlement that meets your post-accident needs
- Determine the liable party’s policy’s limits
- Prove the cost of your damages
We Won’t Let an Insurance Company Treat You Unfairly
The DWI accident lawyers at Loncar Lyon Jenkins will also protect you from bad-faith insurance practices. In fact, we’ll handle all communications with the insurance company so you don’t feel pressured or bullied by an aggressive insurance claims adjuster.
We Will File a Civil Lawsuit to Recover Your Damages If Necessary
As noted, once we learn about your case, we’ll prepare as though we’re going to trial. We do this for two reasons: to protect your case’s outcome and show the insurance company that we’re serious.
Building and filing a lawsuit involves:
- Abiding by all necessary deadlines
- Interviewing and cross-examining witnesses
- Taking depositions
- Presenting your case based on evidence
- Countering the other party’s argument
It is important to note that you can demand damages in a civil case against the drunk driver who caused the accident, whether they face criminal charges or not. Your civil lawsuit is different from the criminal case against the negligent driver. Your case seeks compensation for your injury-related losses. The state’s case seeks to press charges against the other party.
DWI is a crime in Texas, which strictly enforces a zero-tolerance policy on drinking and driving. As the Texas Department of Public Safety explains, offenses under the law can result in misdemeanor and felony charges. Even minors and people ages 17-20 who get behind the wheel can be charged with DWI as adults.
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Acting Within Texas’ Statute of Limitations Protects Your Case
Texas Civil Practice and Remedies Code § 16.003 details how much time you have to pursue a civil case. The law gives you two years to file your lawsuit. This applies to both injury and wrongful death cases.
Two years may seem like plenty of time to pursue justice. However, in today’s busy world, time can pass quickly. If you miss the filing deadline, the court will dismiss your case, and you’ll be unable to pursue a lawsuit. This can leave you without the compensation you need.
At Loncar Lyon Jenkins, we prepare every case for trial. We’ll manage all of your case’s legal deadlines.
What Should I Do After a DWI Accident in Tyler, TX?
To protect your case’s outcome, we recommend:
- Limiting what you share with the insurance company. It only needs to know basic details, like your name and contact information. If it asks for a recorded statement, refuse. Giving one does not help you.
- Seeking prompt medical attention. We must establish that you suffered harm to obtain compensation. Your medical treatment records, statements from your doctor, and medical history help us do this.
- Documenting your injury-related losses. We want to recover the full cost of your injury-related losses. By keeping track of your damages’ invoices, receipts, and bills, we can fight for what you deserve.
Call in the Strong Arm Today for Help With a Tyler, TX, DWI Accident
We take alcohol-related crashes and drunk driving personally in Tyler and everywhere else in Texas. When an intoxicated person gets behind the wheel, even for a minute, they put all road users at risk of serious harm. When their recklessness upends people’s lives, they must be held accountable and pay the price.
Our personal injury lawyers fight hard for our injury clients. To explore pursuing compensation with our team, call Loncar Lyon Jenkins today for a free consultation.
