Most of the time, it’s not necessary to go to court to resolve a DWI accident case. Personal injury and wrongful death claims generally settle without ever seeing the inside of a courtroom. However, you should always keep litigation an option. If the insurer refuses to settle fairly, or the liable policy doesn’t cover the full extent of your losses, filing and winning a lawsuit could secure the compensation you need.
Don’t let worries about going to court prevent you from seeking financial justice after a DWI accident. You have the right to partner with a Dallas DWI accident lawyer who regularly handles these cases and can secure the compensation you need.
Most DWI Accident Cases Don’t Go to Court
Ninety-five percent of personal injury cases are resolved without requiring a lawsuit. Some even settle after the plaintiff has filed a lawsuit. Sometimes, it’s not until the injured person initiates litigation that an insurance company will take a claim seriously.
Note that you have a limited time to file a lawsuit following a DWI accident. Per Texas Civil Practice and Remedies Code § 16.003, you have just two years from your accident’s date (or loved one’s passing if you’re suing for wrongful death) to file.
Failure to act within this period invalidates your right to damages. What’s more, after the statute of limitations passes, the insurance company would have no obligation to negotiate, either––further jeopardizing your financial recovery options. By hiring a DWI accident lawyer, you secure an advocate who can file your case on time and handle everything it entails.
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Why File a DWI Accident Lawsuit?
Regardless of the overwhelming number of cases that get settled outside of court, some people still opt to file lawsuits. You may choose to file one if:
- The insurance company doesn’t offer adequate compensation for your losses. You may choose to sue the at-fault party directly to recoup expenses not covered by the insurer.
- You want to hold the drunk driver accountable in civil court. This may serve as a measure of justice or closure after a traumatic event.
- You want to secure punitive damages. While punitive damages are rarely awarded, a judge may award them if the drunk driver acted with egregious negligence or malice.
- The insurance company engages in bad faith insurance practices. If the insurance company refuses to negotiate or process your claim in good faith, you could file a lawsuit based on breach of contract or against the negligent party.
Filing a lawsuit is not as straightforward as the courtroom dramas on TV portray. It takes months—sometimes years—to resolve a civil lawsuit. If you anticipate your case going to court, you benefit from the guidance of a personal injury lawyer. They can explain your options and could resolve your case without filing a lawsuit—alleviating your stress.
What Is Necessary to Resolve a DWI Accident Case?
There are many necessities involved in resolving a DWI accident case. You must:
Prove Negligence
Car accident claims rest on the principle of negligence. This involves showing that because another party did not act with reasonable caution behind the wheel, you were injured in an accident they caused and have damages.
Proving negligence requires gathering evidence to demonstrate these factors:
- The other party had a duty of care to act prudently. All motorists accept this obligation when they drive.
- The other party violated their obligation to act safely by drinking and driving.
- The other party caused most of the collision (note: even if you were partially at fault, you can recover compensation under Texas law).
- As a result, you were injured and have damages.
A DWI accident lawyer can prove these elements on your behalf.
Understand the Cost of Your Damages
Without knowing the cost of your damages, you can’t expect to recoup fair compensation through a DWI accident claim or lawsuit. You must understand the cost of your past, present, and future injury-related losses if you hope to secure fair financial recovery. When you hire a drunk driving accident lawyer, they can assess your situation and evaluate whether you can recover:
- Medical bills from treating your condition
- Lost income from time missed at work
- Loss of future earning capacity, if you can no longer earn your regular income
- The cost of replacing or repairing your vehicle
- Any out-of-pocket expenses related to the collision
- Various non-economic damages, such as pain and suffering
- Wrongful death-related damages, such as funeral and burial costs (if you lost a loved one)
As part of having a successful claim, you need bills, receipts, invoices, and estimates to back up your case’s value. A lawyer can help you understand what information you need to compel fair compensation, whether through a personal injury claim or lawsuit.
Have Compelling Evidence
Even if your DWI accident claim seems straightforward, you need evidence to compel fair compensation from the liable insurer. This information can include:
- The police report. This document illustrates the time, date, and location of the incident. It may also contain information whether the drunk driver was arrested and charged with a crime.
- Accident reconstruction data. Using a combination of physics, computer simulations, and mathematical formulas, accident reconstruction specialists can outline how certain collisions happen. This information can prove instrumental to your case if there are disputes over fault and liability.
- Photos of the accident scene. Images of the damage to your vehicle and its surroundings can lend vital insight into certain details of the crash.
- Eyewitness testimony. Eyewitnesses aren’t just people who saw the accident happen. They can include first responders, your healthcare team, and even bar patrons who saw the drunk driver get into their vehicle before the accident.
- Injury-related bills, receipts, and invoices. As noted, your lawyer can use this information to calculate what constitutes a fair settlement offer for your non-economic damages.
Securing this information can prove difficult after suffering a serious injury in a DWI collision. When you partner with a personal injury lawyer, they can secure the items needed to prove your case’s elements and secure compensation.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Begin Your Free Consultation With Loncar Lyon Jenkins
Since 1988, Loncar Lyon Jenkins has helped injured claimants recover compensation for their medical expenses, lost income, and pain and suffering. While filing a personal injury lawsuit isn’t necessary when recovering compensation, it’s a good idea to keep that option open.
To explore your options and learn about the benefits of securing legal representation, call today.