An accident that leaves you with a catastrophic injury can happen in just a second. When it does, it can upend every aspect of your life. You may face months in the hospital recovering from the injuries. From there, you may still have years of rehabilitation in front of you. The medical bills, lost wages when you cannot return to work, and hard choices that have to be made are overwhelming.
If another person’s negligence has caused the harm, you may be able to pursue compensation to cover the full scope of the harm. Our Houston personal injury lawyer explains more about catastrophic injuries below.
How is Catastrophic Injury Defined in Texas?
There is no single definition of ‘catastrophic injury’ in Texas law. Instead, medical professionals, the courts, and lawyers use the term to describe any severe, life-altering injury that results in permanent damage that fundamentally changes an accident victim’s life. The key characteristics of a catastrophic injury are generally considered to include:
- Permanent disability: A permanent disability is a long-lasting cognitive or physical impairment that prevents someone from returning to baseline function.
- Inability to work: This is the inability to perform any gainful work, resulting in a complete or significant loss of earning capacity.
- Long-term care: Long-term care can include extended rehabilitation, ongoing medical treatment, assistive devices, and round-the-clock care.
- Permanent disfigurement: Structural damages or physical scarring that alters your bodily function and daily life are considered permanent disfigurement that may qualify as a catastrophic injury.
Some of the most common examples of catastrophic injuries are as follows:
- Traumatic brain injuries (TBIs): TBIs result impaired mental function, permanent cognitive loss, and behavioral changes.
- Spinal cord injuries: The most severe catastrophic spinal cord injuries are partial paralysis, known as paraplegia, and total paralysis, known as quadriplegia.
- Amputations: The loss of a limb or appendage can happen accidentally at the scene or surgically, when the body part cannot be saved. Even when a limb is not severed, a complete loss of function is also considered a catastrophic injury.
- Severe burns: Burns are typically considered catastrophic when third-degree or deep tissue burns cover large portions of the body.
- Loss of senses: Permanent and total deafness or blindness is considered a catastrophic injury.
What Causes Catastrophic Injuries?
Houston is a major transportation hub with an expanding construction market and busy entertainment districts. While all of these make the city the unique location it is, it also means there are many different types of accidents that result in catastrophic injuries. The most common of these include:
- Truck accidents
- Car accidents, particularly those that happen at high speed
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Workplace and construction accidents
- Industrial accidents
- Hazardous property conditions at retail centers and apartment buildings
- Defective products
The above accidents are almost always caused by the negligence of one or more involved parties. Negligent parties can be held liable for paying compensation to injured individuals.
Who Can Be Held Liable for a Catastrophic Injury?
The party who is liable, or to blame, for a catastrophic injury depends on the specifics of the case. You must establish four general elements of your case when proving liability and they are as follows:
- Duty: You first must prove the negligent party owed you of duty of care to act in a reasonable manner to keep you safe. For example, all motorists have a duty to operate their vehicle safely so no one becomes hurt.
- Breach of duty: To prove the liable party breached their duty of care, you must prove the negligent act that caused the accident. Speeding, hazardous conditions on a premises, and defective products are all common examples of negligence in catastrophic injury cases.
- Causation: Showing the liable party acted negligently is not always enough. You must also show that the negligent act was the direct cause of your catastrophic injury. For example, showing that a motorist was impaired when they crashed into your vehicle on the freeway establishes causation.
- Damages: Catastrophic injury claims are meant to restore you to the same position you were in before the accident. While this may not be physically possible, monetary damages can help remove some of the burden you will feel due to your injuries.
Determining liability, and proving the above elements of your claim, is never easy. It is critical to speak to a Houston personal injury lawyer who can conduct an investigation to determine how your accident occurred and who is to blame.
Compensation Available After a Catastrophic Injury
While all catastrophic injury cases are unique, there are some common types of damages available. These include:
- Past and future medical expenses
- Modifications to your home or vehicle
- Long-term care in a nursing home facility or in-home nursing
- Lost wages and loss of future earning capacity
- Pain and suffering
- Permanent disfigurement and scarring
- Wrongful death damages, for those who have lost a loved one
How Long to File a Catastrophic Injury Claim?
Under personal injury law in Texas, you have two years to file a claim against the liable party that caused your injuries. This is known as the statute of limitations and if you do not file before this deadline expires, you will likely forfeit your right to claim any compensation at all. The statute of limitations law is very strict. Still, there are some exceptions.
Claims against the government, such as those for defective road design, generally have shorter notice times. Missing these will also result in a loss of your rights to compensation. In other cases, the statute of limitations may be tolled, or delayed. It is critical to speak to an attorney who can advise on when you should file your claim.
Call Our Personal Injury Lawyer in Houston for Help Today
If you or someone you love has suffered a catastrophic injury, our Houston personal injury lawyer at Integrity Law Group, PLLC, can help. Our experienced attorney has the necessary resources to handle complex cases and will conduct a thorough investigation to determine fault and collect the necessary evidence to prove your case. Call us now at (832) 280-9576 or fill out our online form to schedule a consultation and to get the sound advice you need.