Texas Catastrophic Injury Lawyers
CALL (512) 246 2224 TO SPEAK WITH TEXAS CATASTROPHIC INJURY LAWYERS FOR FREE
Suffering injuries because of an accident often creates difficulties for the victim, both physical as well as financial. In most cases, these victims will recover from their injuries, and may even be able to return to their jobs and lives as they were before the accident. However, not all accident victims are so fortunate. Victims who have suffered catastrophic injuries mayface a lifetime of physical, financial, and emotional hardship due to injuries they sustained in an accident.
If you or a loved one has suffered catastrophic injuries in an accident, call the experienced catastrophic injury attorneys from Zinda Law Group at (512) 246-2224 for a free consultation. If we are unable to reach a favorable settlement in your case, you will not owe us anything.
What Make an Injury “Catastrophic”?
A catastrophic injury, in the legal sense, describes a severe injury that causes permanent harm to the victim, preventing them from working and impacting their quality of life. Catastrophic injuries have a tremendous impact on their victims. Indeed, these injuries can make it difficult, if not impossible, to get back to the lifestyle they lived before the accident which resulted in the catastrophic injury.
Common Types of Catastrophic Injuries
Catastrophic injuries generally fall into three categories:
Many catastrophic injuries are physical injuries that cause irreversible bodily damage. Common catastrophic physical injuries include:
- Severe Burns
- Severe fractures
- Organ Damage
Spinal Cord Injuries
The spine plays an important role in the human nervous system, relaying signals from the brain to the rest of the body. Injuries to the spine are difficult to treat effectively and can result in paralysis. In some cases, only the lower body below the torso may be affected, while in others, this paralysis may extend from the neck down.
To learn more about spinal injuries see: Spinal Injuries
Traumatic brain injuries often cause cognitive injuries. Such injuries may pose immediate health threats such as brain swelling, bleeding, inflammation, or making the victim. However, serious cognitive injuries may also cause long-term injuries, such as memory loss, vision loss, loss of motor control, speech impairment, and mental impairment.
How To File A Claim For A Catastrophic Injury
1. Consult an Attorney
If you have suffered a catastrophic injury as the result of an accident, and are unable to return to work or continue with your day-to-day activities, you should contact an experienced catastrophic injury lawyer as soon as possible. In cases involving catastrophic injuries, insurance companies may offer a settlement to cover some of the costs, but these offers are rarely enough to cover the cost of such injuries. These injuries may cause large medical bills following their immediate treatment, but may also require numerous future treatments. Thus, the victim may be unable to earn a living, much less pay for continued care. Once you have hired an attorney, they may begin to investigate the accident and start gathering information to help you seek compensation.
The first step your attorney may take in helping you to seek compensation for your injuries is to investigate your accident. This may help your attorney to determine fault and whether negligence was involved. In order to accomplish this, your attorney may gather statements from witnesses, accident reports, and any other evidence that may exist, such as photos or videos. Your attorney may also collect your medical records and bills to help determine the extent of your injuries and the cost of their treatment. In catastrophic injury cases, it is important for your attorney to be able to provide thorough evidence.
This evidence may generally prove not only the severity of your injuries and how they may impact your future ability to earn income and quality of life, but also that these injuries were caused by the accident. With these injuries, the extent of the injuries may often be fiercely debated by insurers looking to keep settlements low. When determining how much compensation you may be entitled to, your attorney may not base this calculation solely on medical costs but may also pursue compensation such as for the loss of quality of life due to a catastrophic injury.
3. Filing the Lawsuit
Your attorney may attempt to negotiate a settlement with the insurance company. However, in catastrophic injury cases, insurance companies are often unwilling to make a satisfactory offer, or even acknowledge that the claim is legitimate, due to the often-higher amount of claimed damages. If no settlement can be reached, your attorney may then file a lawsuit to seek compensation.
Once a lawsuit is filed, both sides may be able to gather information regarding the case. In catastrophic injury cases, an important part of this process is determining the amount of coverage available. In many cases, the coverage available may not be enough to cover all of your costs associated with such severe injuries. Your attorney may be able to use this process to seek alternative sources for compensation, such as other parties who may share liability for the accident or additional insurance policies that may be applicable. These alternative sources may be the trucking corporation, vehicle manufacturer, or other parties that may share liability.
Once the necessary information has been gathered, your attorney may begin negotiating a settlement. Now that both sides have a better understanding of the facts of the case, your attorney may begin to make your case for compensation. In catastrophic injury cases, the insurer may claim that the effect or costs of your injuries are being exaggerated. They may also argue that they are not fully liable because of previous medical conditions you may have had. An experienced catastrophic injury attorney may use the information obtained during their investigation and the discovery phase to help strengthen your position in these negotiations, as well as pursue alternative options for compensation.6.
If a settlement cannot be reached, the case may go to trial. Your case will be decided by a jury, and the jury will decide how much compensation, if any, is granted. Here, your attorney may demonstrate for the severity of your injuries for the jury as well as the long-term effects and costs of these catastrophic injuries.
Compensation for Catastrophic Injury
Compensation for catastrophic injuries may include both economic as well as non-economic damages, including:
Compensation for economic damages addresses the financial burden caused by the victim’s injuries. This may include:
- Medical Bills
- Lost Income
- Property Damage
Compensation for non-economic damages can be more difficult to calculate but may be available for damages including:
- Pain and Suffering: It is difficult to put a price tag on the physical pain and suffering a victim may have experienced, as no amount of money can make up for your catastrophic injuries and their negative impact on your life. However, pain and suffering compensation is based on the severity of your injuries, and you may be entitled to compensation for the physical and mental anguish suffered as a result of these severe injuries.
- Punitive Damages: If the party at fault for the accident and your catastrophic injuries is found to have acted with gross negligence or recklessness, punitive damages may also be awarded. These damages may be more likely in cases involving catastrophic injuries in attempts to discourage this grossly negligent behavior.
Statute of Limitations
The statute of limitations sets a time limit on how long a victim has to file a claim before they are unable to do so. The statute of limitations in Texas for personal injury claims is two years from the date of the accident. After this time, any claims may be rejected.
If a child is involved, the statute of limitations for any claims the child may have does not begin until the child becomes a legal adult, usually at the age of 18. Once the child becomes a legal adult, they will have two years to file a claim.
GET HELP FROM A CATASTROPHIC INJURY LAWYER TODAY
At Zinda Law Group, our Texas catastrophic injury attorneys are here to assist you with your claim. We help our clients pursue the maximum compensation they may be entitled to as a victim of catastrophic injuries from an accident.
Meetings with attorneys by appointment only.