What Damages Can You Claim For A Catastrophic Injury?

If a person’s negligent, reckless, or intentional conduct results in someone suffering from catastrophic injuries, the financial consequences can be severe. Faced with such an immense burden on their life and their family’s well-being as well, it is understandable that victims would seek compensation by taking legal action against those responsible. Selecting the right lawyer for this purpose then becomes a crucial decision for them to make; especially so in no-fault insurance states like car accidents where only cases involving catastrophic injuries may proceed with litigation.

When catastrophic injuries occur, it is essential to hire a plaintiff’s lawyer with significant trial experience. Although most cases do not go to court, lawyers who are well-versed in courtroom proceedings have an advantage over those that settle out of court when negotiating settlements with defendants and their insurance defense attorneys. A competent attorney must collaborate and communicate effectively with various experts prior to going into litigation in order to define the extent of harm and future requirements for victims’ medical care or rehabilitation services.

In a catastrophic injury claim, the victims may be entitled to substantial compensation for medical expenses, lost wages, and other economic losses. But in addition to these tangible damages, they could also receive significant amounts of remuneration awarded for noneconomic compensations such as pain and suffering, mental anguish or diminished quality of life due to disability or disfigurement. In many ways, because the injuries are so severe in a catastrophic case it is likely that non-economic damages will exceed those typically seen with less traumatic cases.

When dealing with a catastrophic injury case, defense attorneys may have to work harder than in other cases when it comes to limiting the damages awarded. To do this, they will often try and prove that the plaintiff holds some responsibility for their own accident. That way, they can reduce or diminish any liability of the defendant.

In every state, a plaintiff’s right to compensation will be reduced in proportion to their own negligence. If the jury believes that the plaintiff is partially at fault for an accident, then they are only entitled to receive damages from those defendants responsible for the remainder of it. An astute defense lawyer might take advantage of this fact and argue that the catastrophic injuries sustained by the plaintiff were partially due to their own actions – thus greatly reducing any losses owed.

What Is Considered A Catastrophic Injury In Texas?

In Texas, for an injury to be considered catastrophic, rigorous criteria must be satisfied. Catastrophic injuries are amongst the most severe and can result in long-term or permanent physical, emotional, and financial damage. These types of wounds can have a drastic influence on someone’s life that cannot be ignored or overlooked.

The Lone Star State delineates a catastrophic injury as any form of harm that leads to long-term disability or grave, life-threatening destruction. According to Texas Civil Practice and Remedies Code, Section 41.001(2), there are several types of injuries deemed catastrophic:

• Spinal Cord Injuries:

Catastrophic is an apt description for spinal cord injuries that cause paralysis of two or more limbs. Such trauma can bring about lasting disability, and necessitate sustained medical treatment and care indefinitely.

• Traumatic Brain Injuries:

When brain injuries cause extreme mental disability or need constant monitoring, they can be considered catastrophic. These sorts of traumas can have long-term impacts on an individual’s life, such as impairing their ability to work and perform routine tasks.

• Amputations:

Losing a limb can be catastrophic, with both physical and psychological repercussions that often necessitate ongoing medical care and rehabilitation. Whether it’s an amputation of the foot, arm, leg, or hand – the effects are profound.

• Severe Burns:

Catastrophic burns can occur when 40% or more of the body is burned, and even if 25% or more of the body has third-degree burns and including areas like the face, hands, and feet. Often times devastating results such as disfigurement, and permanent scarring may transpire after this severity of a burn that would demand life-long medical attention.

• Blindness Or Loss Of An Eye:

The loss of vision or an eye can be devastating, resulting in both physical and emotional ramifications that inhibit one’s ability to work and perform normal daily tasks. Such conditions may rightly be deemed catastrophic as they have a far-reaching effect on an individual’s life.

• Severe Head Injury:

Catastrophic head injuries are those that result in a coma or vegetative state, leading to prolonged and long-term damage. This may mean permanent disability, necessitating extensive medical attention and care for the rest of one’s life.

• Wrongful Death:

Catastrophic injuries can have tragic consequences, including wrongful death. Such a loss tragically impacts all involved, both emotionally and financially. The family of the deceased will bear these burdens for an indefinite amount of time to come.

It’s essential to stress that this list is not inclusive, and other injuries might also be classified as catastrophic depending on their degree of harm and long-term implications. If you or someone close to you has experienced a devastating injury, it is critical to contact an accomplished personal injury attorney for legal advice and the ability to seek justice by securing your due compensation.

To sum up, a catastrophic injury is one of the most serious types of injuries an individual can suffer. In Texas, if any type of accident or event causes permanent disability and/or life-threatening harm it will be considered catastrophic. The implications for someone suffering from this type of injury are widespread and could last a lifetime; resulting in reduced capacity to work as well as difficulty performing daily tasks. Thus, should you or your loved ones experience such an incident it is imperative that professional legal counsel be sought to protect your rights while ensuring adequate compensation is rewarded accordingly.