In Texas, if you didn’t cause most of the DWI accident, you can seek compensation through a DWI accident claim. Yet, the path to compensation won’t be easy—especially if you forgo hiring an attorney.
The other party has a vested interest in avoiding financial responsibility for your losses and may do everything possible to shift blame for the accident on to you. Throw serious injuries into the mix, and you may feel at a loss about your next steps.
Loncar Lyon Jenkins advocates for injured DWI claimants throughout Texas. Under our state’s laws, you have financial recovery options, and we help you pursue them. You can start a free consultation about working with our Dallas DWI accident lawyers today.
You Can Pursue a DWI Accident Claim Even if You Partially Caused the Collision
Under Texas Civil Practice and Remedies Code § 33.001, you can pursue compensation for a motor vehicle accident as long as you aren’t more than 50 percent responsible. However, any successful allegations of fault can reduce how much you can ultimately recover. Here is a scenario to better understand this legal principle:
- You were injured in a collision caused by a drunk driver.
- An investigation finds you were 20 percent responsible, and the other party 80 percent responsible.
- Your damages cost $1 million.
- Because you caused 20 percent of the accident, you could only recover 80 percent of your losses (in this case, $800,000).
Here, you benefit from having an experienced car accident lawyer managing your case. Through an investigation, they can determine whether you caused any of the accident and pursue damages accordingly.
You Can Pursue a DWI Accident Claim, Even if the Other Party Is Arrested
There are many legal complexities that go into having a successful DWI accident claim. Issues involving fault, liability, and your damages’ cost can all arise. However, here’s one thing to know: if the other party is arrested and charged with drunk driving, this has no bearing on your case’s outcome.
The criminal justice system and the civil claims process are two separate procedures. Being acquitted of a crime would not invalidate your right to damages. What’s more, your lawyer could use the evidence presented in the criminal trial to bolster your personal injury claim.
Matters like these are why it’s critical to consider legal representation after suffering a serious injury. Unless you have a comprehensive understanding of the legal process, you risk leaving money on the negotiating table at your case’s conclusion.
What Damages Can I Pursue in a DWI Accident Claim?
Your compensable economic and non-economic damages depend on the specifics of your situation, including the severity of your condition. A settlement or court award could offer reimbursement for:
- Past and future healthcare costs, from hospitalization to physical therapy
- Lost wages, tips, bonuses, freelance contracts, and commissions
- Loss of future earning capacity
- Property damage expenses
- Out-of-pocket costs related to your condition
- Pain and suffering
- Other non-economic damages, such as scarring and disability
This is by no means an exhaustive list. Texas does not cap how much you can request following a DWI accident—although it caps punitive damages. This compensation is only awarded in cases involving egregious negligence, and its financial limitations are outlined under Texas Civil Practice and Remedies Code Chapter 41.
You Can Seek DWI Accident Compensation After Losing a Loved One
You could file a wrongful death claim against the at-fault motorist if the DWI accident caused your loved one’s passing, and they partially caused the accident. With the guidance of a wrongful death attorney, you could secure compensation for:
- Funeral and burial costs
- Out-of-pocket care costs
- End-of-life medical expenses (e.g., hospice)
- The decedent’s pain and suffering
- The decedent’s lost income
- Loss of consortium and other non-economic damages
Pursuing a DWI Accident Lawsuit Comes with a Filing Deadline
Recovering from your injuries doesn’t come with a deadline. Yet, your ability to compel damages through a personal injury or wrongful death lawsuit does. Texas Civil Practice and Remedies Code § 16.003 notes that you generally have two years from the accident’s date (or your loved one’s passing) to sue the at-fault party. The two-year period applies to filing your lawsuit, not resolving it.
It’s important to note that negotiations, evidence collection, and considering your options do not extend the filing deadline. Once that period expires, so does your right to seek compensation. To protect your right to damages, you benefit from partnering with a lawyer who can file your case on time and pursue the negligent party for fair compensation.
How a DWI Accident Lawsuit Pursues a Personal Injury Claim
Hiring a lawyer can offer much-needed peace of mind in the aftermath of a drunk driving accident. When you entrust your claim to Loncar Lyon Jenkins, we:
- Listen to your version of events. We offer free, no-obligation consultations where you can share your story, and we assess your claim’s merits.
- Gather evidence. The police report, eyewitness testimony, and even the other driver’s admissions at the accident scene can prove your case’s required legal elements.
- Identify the at-fault and liable parties. The at-fault party is likely the drunk driver. However, the liable party could be their insurance company. We handle communications with both entities, allowing you to focus on your physical recovery.
- File your personal injury claim. This generally leads to negotiations, which is how we resolve most DWI accident cases.
- Initiate and complete a lawsuit. While we resolve most cases through insurance negotiations, we prepare your case for trial from the very beginning, which includes filing your case within the statute of limitations, taking depositions, and communicating with county officials.
Your Journey to Justice After a DWI Accident Starts Now
Don’t let accusations of fault prevent you from seeking fair compensation after a DWI accident. Our lawyers stand ready to pursue the compensation you need to rebuild your life and hold the negligent party accountable. Connect with Loncar Lyon Jenkins today to explore your options. The Strong Arm is here to win your case.
