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Personal Injury

Waco Personal Injury Attorneys

Compensation Guidance from Waco Personal Injury Attorneys

After a serious accident, it is key that you have proven trial lawyers on your side. A law firm can represent thousands of clients and claim great success simply due to the volume of cases they handle. However, this is not a guarantee that your best interests will truly be taken into account.

Be sure that you have a Waco personal injury lawyer who fights tirelessly for your recovery instead of just settling for what the insurance company thinks is fair. At Milam & Fanning, PLLC, you will find such an advocate. Count on us to demand everything you need to cover your lost wages, medical expenses, pain and suffering, and other damages.

As experienced trial attorneys with more than 30 years of experience, we will tell your story and fight the insurance company for real money in your pocket. We represent clients at Baylor University, in Waco and Lorena, and across McLennan County in personal injury claims of all kinds. We now represent clients throughout Comal County, Hays County, and Guadalupe County. Allow our team to help you today!

Call (254) 237-5602 or fill out this online form for a consultation with one of our Waco personal injury lawyers. ​

Personal Injury Cases We Handle in Waco

Our law firm is available to stand up for you in a broad range of personal injury cases, including those that involve:

  • Motor vehicle accidents, including car wrecks, truck accidents, motorcycle collisions, drunk driving accidents, and other traffic accidents.
  • Work-related accidents, including oil and gas field injuries, construction accidents, and more.
  • Premises liability claims involving slip and fall accidents, dog bites, building code violations, and other dangerous property conditions.
  • Product liability claims involving defective car parts, tools, toys, prescription medications, and other consumer products.

Key Elements of a Personal Injury Case

To win a personal injury claim, your legal team must establish four specific elements by a "preponderance of the evidence." At Milam & Fanning, PLLC, we dive deep into the facts to prove each of the following:

  • Duty of Care: We must show that the defendant had a legal obligation to act with reasonable care toward you. For example, every driver on Waco’s roads has a duty to follow traffic laws and maintain a lookout for others.
  • Breach of Duty: We must prove the defendant failed to meet that standard of care. This could be a distracted driver texting, a store owner ignoring a spill, or a trucking company failing to maintain its fleet.
  • Causation: It is not enough to prove the defendant was negligent; we must prove their negligence was the direct cause of your specific injuries. This is often a battleground of medical evidence and expert testimony.
  • Damages: Finally, we must document that you suffered actual losses—physical, emotional, or financial. Without "damages," there is no legal claim, even if the other party was clearly negligent.

Damages that Can Be Recovered in a Personal Injury Claim in Waco

For the victim, a successful case provides essential compensation for:

  • Economic Damages: These are the quantifiable financial losses, including past and future medical expenses, lost wages, and loss of earning capacity if you can no longer work in your previous field.
  • Non-Economic Damages: This covers "human" losses like pain and suffering, mental anguish, physical impairment, and the loss of enjoyment of life. In 2026, Texas law continues to see debate over caps on these damages, particularly in medical malpractice or cases against government entities, which makes skilled representation vital.
  • Exemplary (Punitive) Damages: In cases involving "gross negligence" or malice—where a defendant showed extreme indifference to the safety of others—a jury may award punitive damages to punish the offender and deter similar behavior in the future.

Beyond the financial award, a personal injury lawsuit can lead to "collateral" changes for the defendant, such as increased insurance premiums, loss of commercial driving licenses for truckers, or required safety overhauls for businesses found to have dangerous premises.

The Texas Personal Injury Process

The path to recovery through the Texas legal system is a structured journey that requires precision at every turn.

  1. Immediate Investigation and Evidence Preservation: The moments following an accident are critical. We act fast to secure surveillance footage, download "black box" data from commercial vehicles, and interview witnesses before memories fade.
  2. Medical Documentation: We work with you to ensure your medical records clearly link your injuries to the accident. In Texas, the defense will often try to argue that your pain is related to "pre-existing conditions." We provide creative solutions personalized for every client to ensure the full scope of your injury is recognized.
  3. The Demand and Negotiation Phase: Once we have a clear picture of your "Maximum Medical Improvement" (MMI), we issue a formal demand to the insurance carrier. This is a comprehensive package outlining the liability and the total value of your losses.
  4. Filing the Lawsuit: If the insurance company refuses to offer a fair settlement—which is common in complex cases—we file a lawsuit in the appropriate District Court. This initiates "Discovery," where both sides exchange evidence and take depositions.
  5. Trial and Resolution: While many cases settle before trial, our reputation as trial-ready Waco personal injury attorneys gives us leverage. We prepare every case as if it is going to a jury, ensuring we are never at a disadvantage.

Your Local Waco Personal Injury Advocates

As local Waco personal injury advocates, we understand the close-knit nature of the community and the challenges that follow an accident. Our team is familiar with the area, local courts, and medical providers, and we help clients navigate these resources with less stress while focusing on recovery and stability during a difficult time.

With extensive experience handling cases in McLennan County, we know how local law enforcement, insurance adjusters, and juries approach injury claims. That insight allows us to prepare strong, well-documented cases and anticipate defense tactics. We also work around our clients’ schedules and responsibilities, coordinating with local employers, schools, and healthcare providers to make the process as manageable as possible.

How Our Waco Personal Injury Lawyers Handle Your Claim

Our Waco personal injury lawyers handle claims using a clear, step-by-step approach designed to reduce stress and protect your rights. From the first conversation, we focus on understanding how the accident happened, what evidence is available, and what a fair outcome looks like for you and your family. We gather and review key records, consult with professionals when needed, and manage insurance communications to prevent pressure or undervalued offers.

Once the facts are fully developed, we explain your legal options and build a strategy tailored to your goals. This often includes preparing a detailed demand and negotiating with the insurance company for full compensation. If a fair settlement cannot be reached, we are prepared to pursue your claim in court and guide you through each stage of the litigation process.

Recognizing Common Challenges Clients Face

  • Insurance Company Pushback: Clients often face insurers who lack understanding of the local context of Waco accidents, whether on I-35 or at area businesses, leading to undervalued claims.
  • Lost Wages and Income Concerns: Missed work is a major worry, particularly for those in education, healthcare, and manufacturing, making accurate wage documentation essential.
  • Administrative Burden: Repeated calls, paperwork, and requests from insurance adjusters can be overwhelming; legal support helps manage deadlines, statements, and documentation.
  • Uncertainty About Injury Severity: Injuries may worsen over time, and early settlement offers often fail to account for future medical care or long-term work limitations.
  • Risk of Premature Settlement: Without guidance, clients may feel pressured to accept compensation that does not reflect the true physical, financial, and emotional impact of the accident.

Contact Our Divorce Attorneys in Waco Today

We're not a personal injury "mill" that will treat you like a mere case number and quickly shuffle you through the legal system. Instead, we will listen carefully to the details of your accident and how it has affected your life. Our Waco personal injury attorneys have achieved strong results by telling our clients' stories to judges and juries in a compelling way.

Call (254) 237-5602 for a consultation about your situation. Our lawyers get paid only if we successfully recover compensation for you.

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