Driving while intoxicated (DWI) accidents aren’t accidents. Someone made a decision to get behind the wheel while drunk, and you were hurt as a result. A Tyler DWI accident lawyer from Loncar Lyon Jenkins can pursue financial recovery. Through a claim or lawsuit, you can seek damages for your medical bills, lost income, and other related expenses.
It doesn’t matter whether the other motorist faces criminal charges or not. You have legal options.
Acting Within the Statute of Limitations Protects 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 for pursuing 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.
For a free legal consultation with a DWI Accidents lawyer serving Tyler, call 877-239-4878
Financial Recovery in a DWI Accident Case
Compensation in your case may account for:
Your 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
- 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
Lost Employee-Related Benefits
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. Compensation for your losses could include lost:
- Employee benefits, like insurance coverage
- Commissions and other incentives
- Hourly rates
- 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. Pain and suffering’s value depends on your condition, relationships, and estimated recovery period.
Wrongful Death-Related Losses
Losing a loved one is never easy. We want you to focus on celebrating 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 expenses, including embalming, burial, and cremation
- Loss of consortium
- 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
Everyone’s situation is different. You may incur losses not relevant to another person in the same accident. Additional compensable losses include:
- The cost of fixing or replacing your vehicle
- Rideshare costs
- Childcare expenses, such as daycare
Tyler DWI Accident Lawyer Near Me 877-239-4878
Why Partner with Our Legal Team on Your Case?
Since 1988, we’ve advocated for DWI accident claimants throughout Texas. We serve more than 7,000 clients a year, and you can expect customized legal services that meet your case’s needs. We will do everything possible to resolve your case.
We Will Investigate Your Case
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 levels
- Photos of your injuries and the accident scene
With the evidence we find, we want to prove that because another party drove while intoxicated, they caused your accident, and you suffered losses.
Our Tyler Legal Team Will Prove Negligence
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.
- They caused your accident.
- You suffered harm.
As noted, with evidence, we can demonstrate these factors.
Our Lawyers Will File Your 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
- Send your demand letter
- Negotiate a settlement
- Determine the liable party’s policy’s limits
- Show the cost of your damages
Our DWI accident lawyers 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 a claims adjuster.
We Will File Your Civil Lawsuit
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
Your civil lawsuit is different than 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.
Contact our Tyler DWI Accident Attorneys today
What Should I do After a DWI Accident in Tyler?
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 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.
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Begin Your Free Case Review with the Strong Arm Today
We take instances of drunk driving personally. When an intoxicated person gets behind the wheel, even for a minute, they put all road users at risk of serious harm. To explore pursuing compensation with our team, call Loncar Lyon Jenkins at (877) 239-4878.