Essentially, any injury that leaves a person permanently impaired is considered “catastrophic.” Some catastrophic injuries lead to less severe disability, while others cause persistent pain, decreased mobility, and other long-term medical issues.
Needless to say, it’s essential to understand your options for seeking justice and financial compensation if someone else is responsible for a life-threatening injury to you or a loved one.
When victims of catastrophic injuries are ready to pursue compensation, our team at the Rasansky | McKenzie Law is here to assist them. With several decades of experience and a proven track record of success, we have what it takes to win even the most complex catastrophic injury cases.
What is a Catastrophic Injury?
A catastrophic injury is one that is so severe that it leaves a victim permanently or temporarily disabled, affecting their ability to resume everyday lives and decreasing their overall quality of life.
In Texas, catastrophic injuries can happen anywhere at any time, and victims confront substantial obstacles on the road to recovery. Among the many possible causes of such injuries include the following:
- Car accidents: spinal cord injuries, traumatic brain injuries, amputations, and severe burns are some of the devastating outcomes of car crashes, whether they involve a large truck, a motorcycle, or a pedestrian.
- Workplace accidents: Similar types of catastrophic injuries can also occur on the job due to construction site accidents, industrial or chemical spills, and other such incidents.
- Medical malpractice: Negligence from medical providers, including botched surgeries, incorrect diagnoses, and injuries sustained during childbirth, can devastate patients and their families.
- Defective products: Faulty machinery, harmful medications, and poor medical devices can result in life-changing injuries when they break down or don’t work as advertised.
- Premises liability: Slips and falls, construction site accidents, and similar kinds of accidents that occur on someone else’s property can also lead to catastrophic injuries.
Examples of Catastrophic Injuries
The severity of a catastrophic injury is what sets it apart from typical or more minor injuries. There is no set legal definition of “catastrophic injury,” but as mentioned above, catastrophic wounds generally leave a victim with permanent, disabling symptoms and a protracted road to recovery.
What makes an injury “catastrophic” might depend on several factors, including but not limited to:
- Injuries requiring 24-hour or continual care
- Paralysis or other permanent impairment
- Irreversibly reduced quality of life
Moreover, frequent examples of catastrophic injuries include:
- Traumatic brain injuries (TBI)
- Disfiguring burns
- Amputation
- Blindness
- Damage to the spinal cord resulting in long-term pain or paralysis
Higher medical costs and more pain and suffering are associated with catastrophic injuries due to their severity and the length of the healing process. So, unsurprisingly, damages in a Texas personal injury case involving a catastrophic injury tend to be greater.
Unfortunately, insurance companies are less likely to pay these larger sums to cover ongoing expenditures and suffering, so catastrophic injury cases usually require the assistance of a personal injury attorney.
How to Prove Catastrophic Injuries in Texas
First and foremost, keeping detailed records is your best bet for recovering the full compensation you deserve after a catastrophic injury. Take careful notes on your doctor visits, prescriptions, daily pain and suffering, and losses of income or quality of life.
From there, the extent to which your losses can be compensated depends on the insurance coverage carried by the party at fault.
If the at-fault party’s maximum coverage does not cover your expenses, you may need to file a lawsuit against that person.
Working with a Texas Catastrophic Injury Attorney
A competent personal injury lawyer is crucial when dealing with the aftermath of catastrophic injuries and filing a claim. A local attorney will be well-versed in Texas personal injury law and can help you with the following:
- Investigating the details of your catastrophic injury. Your lawyer will thoroughly evaluate the facts of your case, gathering evidence, interviewing witnesses, and consulting with specialists as needed. This all-encompassing strategy guarantees that no evidence is overlooked.
- Determining liability. In a case involving serious injuries, pinpointing the at-fault person or parties is essential. Your lawyer will review all of the evidence and facts to figure out who’s responsible for your accident under Texas’s comparative negligence rules, from drivers to employers to manufacturers or doctors and property owners.
- Working with an expert witness for significant insight and testimony on catastrophic injuries. Your attorney can bolster and strengthen your case by consulting with a team of expert witnesses in several fields (such as medicine, forensics, economics, and rehabilitation) to prove the extent of your damages.
- Calculating your damages and losses. Catastrophic injuries can result in substantial damages for both economic and non-economic losses in Texas. All of the costs associated with your injuries, including medical care, therapy, lost wages, loss of future earning potential, pain and suffering, and more, will be carefully calculated by your legal team. With this thorough analysis, our attorney can advocate for you inside or outside of court to ensure you secure the highest possible settlement.
- Communicating and negotiating with insurance companies. Your attorney will negotiate with insurance companies on your behalf and review any settlement offers presented by insurers. If a reasonable settlement cannot be reached, your lawyer can file a lawsuit and represent your interests in court.
Contact a Dallas Personal Injury Attorney
As one might expect, a catastrophic injury can cause severe pain, unfathomable stress, and significant financial strain on a victim and their loved ones. All too often, lifelong medical care and rehabilitation expenses, not to mention major financial impacts, plague innocent victims throughout the Lone Star State.
Thankfully, our team of seasoned Dallas personal injury lawyers is committed to providing each client with the highest quality representation possible. Call our law firm at any hour, day or night, seven days a week, at 214-617-1816 for a free review of your case if you or a loved one has suffered catastrophic injuries and want to learn more about how to best move forward.