Fort Hood Catastrophic Injury Lawyer
Representing people who have suffered a catastrophic wound is simultaneously one of the most difficult and satisfying jobs of an experienced personal injury attorney. Anyone who was injured in this irreversible manner might need help navigating daily life and seeking damages from the individual who caused the accident.
If you or your loved one sustained a severe wound from an accident, you might be entitled to financial compensation. A Fort Hood catastrophic injury lawyer can outline your rights and assess the strength of your case.
Causes of Catastrophic Injuries
A catastrophic injury is one that permanently affects someone’s ability to function normally. Common examples of catastrophic wounds include spinal cord injuries, traumatic amputations, facial injuries that result in blindness or significant scarring, or head wounds that impair emotional regulation and cognitive functioning.
Most life-altering wounds are caused by unexpected accidents. Examples of severe incidents include but are not limited to:
- Motor vehicle accidents
- Drownings and near-drownings
- Unintentional gunshot wounds
- Falls from a height
- Poisoning from substances like carbon monoxide
- Workplace accidents
- Explosions and fires
- Sports injuries
The vast majority of these accidents involve someone else’s negligence. A dedicated attorney in Fort Hood can investigate the circumstances of the situation to determine exactly what caused the catastrophic injury.
Available Damages in Catastrophic Injury Cases
Damages are sums of money that the defendant must pay to an injured person as compensation for injuries caused by an accident. In most cases, a defendant’s insurance company will pay damages, up to the extent of the relevant policy. If the financial compensation a plaintiff deserves exceeds a defendant’s insurance limit, the guilty person will assume personal responsibility for the remaining compensation.
In personal injury situations, damages aim to reimburse a claimant for expenses like medical treatment, in-home health care, rehabilitation sessions, lost income, and reduced earning capacity. A wounded plaintiff could also collect compensation for the more subjective aspects of an accident like emotional anguish, lost enjoyment of life, physical pain, scarring, and disability. These are called compensatory damages.
When a defendant’s conduct is fraudulent, malicious, or grossly negligent, Texas Civil Practice and Remedies Code §41.003 permits a claimant to seek punitive damages. For instance, if a defendant injured someone by driving their vehicle under the influence of alcohol, punitive compensation would apply. The plaintiff’s attorney has the burden of proving the defendant’s conduct was especially egregious. In most circumstances, $750,000 is the maximum value of punitive damages a plaintiff could collect.
A tenacious lawyer in Fort Hood can determine the extent of a financial compensation that a plaintiff deserves in a catastrophic injury case or conclude whether punitive damages are an option.
Do a Claimant’s Actions Impact Their Compensation?
Sometimes only one party causes an accident. However, in many situations, multiple factors combine to trigger a catastrophic injury. If the wounded person behaved negligently and their own carelessness contributed to their injury, their case becomes subject to the modified comparative negligence doctrine.
Comparative negligence means that the more that one party contributed to an accident, the less damages they earn and the more they have to pay. For example, an injured plaintiff cannot collect damages for the portion of their losses attributable to their own behavior.
A combative attorney in Fort Hood can preserve an injured plaintiff’s right to damages by collecting and presenting evidence indicating that others had more responsibility for causing the accident than the claimant.
Contact a Fort Hood Catastrophic Injury Attorney Today
Adjusting to life after a catastrophic injury is a challenging process for the victim and their loved ones. Although making plans for a secure financial future is a critical task, it is one best handled by experienced legal representation.
A Fort Hood catastrophic injury lawyer can pursue a lawsuit that addresses your current and future needs. Call the office today to schedule a consultation.
