Any unexpected injury can leave you with expensive medical bills, missed time at work, substantial physical pain, and various other losses that can be difficult to recover from. However, if someone else’s negligence has left you with a permanent and debilitating injury, it is likely that no amount of money can completely make up for the damage.
In situations like this, it can be crucial to focus on maximizing your quality of life rather than just on reimbursing specific losses, and a seasoned personal injury attorney’s guidance can be crucial to accomplishing that goal. With a seasoned Manor catastrophic injury lawyer on your side, you can stand a much better chance of securing maximum compensation and protecting your best interests.
A catastrophic injury occurs when a person sustains personal harm, resulting in a significant risk of loss of life, extreme lasting defacement, or prolonged weakening or non-use of an organ. A serious bodily injury could happen to an individual while working, traveling, or running errands around town.
For example, a person could be rear-ended by a reckless driver while traveling, causing a catastrophic injury such as a paralyzing condition. Such a condition comes with extensive personal health costs and property damage. The hurt motorist could file a lawsuit against the negligent driver to recover expenses, plus financial amends, mental distress, perpetual pain, and suffering of having a debilitating condition.
An oil rig worker could suffer a catastrophic fall because the drilling corporation did not follow the Occupational Safety and Health Administration’s (OSHA) fall prevention requirement that a full-body harness has a maximum weight capability of 310 pounds. If the worker survives the fall, they could likely be permanently disabled, in an unconscious state, or sustain a traumatic brain injury (TBI) resulting in memory loss and the inability to make decisions. In any scenario, the person could consult legal counsel to file an injury lawsuit for compensatory damages against the company.
Most catastrophic harm situations result from a person, company, or government negligence. A Manor serious bodily harm attorney could provide a breakdown of potential damages for individuals or families impacted by a severe physical injury.
While some states go into specific legal detail about what does and does not count as a catastrophic injury. Texas state law offers no specific definition for this term. Instead, court authorities and legal professionals use it colloquially to refer to injuries that are expected to last for the injured person’s entire life and cause them substantial disfigurement and/or loss of bodily function, such as:
Just like with any other accident, recovering fair civil compensation for a catastrophic injury begins with establishing someone else’s fault for the damage done, which generally means proving them negligent in some way. A Manor catastrophic accident attorney can provide vital assistance throughout this process, from collecting key evidence to building and presenting a compelling case during private settlement negotiations and/or court proceedings.
A catastrophic injury falls under the legal category of personal injury. As such, the time limit for a person or family to bring a catastrophic injury claim is typically two years from the incident date. However, there are specific situations where the period to file a claim may be temporarily paused. Pausing the period to file a claim is known as tolling the statute of limitations.
One typical example of when the statute of limitations can be tolled in catastrophic injury instances is when the person hurt is under eighteen. State law provides that when a minor is hurt, the period for them to file an injury claim for negligence begins when they turn eighteen.
When a person files a catastrophic injury case, they have to include in their claim that the at-fault person owes them economic and or non-economic damages. Economic damages have an actual monetary value, such as medical bills. Non-economic damages refer to losses for mental, physical, and emotional harm.
Filing injury cases is rather complex due to strict legal requirements and confusing terminology. Individuals are more likely to secure compensation from a catastrophic injury case when they work with a Manor lawyer.
In practice, what sets catastrophic injury claims apart from other personal injury cases is not any legal distinction between the two types of litigation but rather the unique severity of losses associated with serious injuries. While it is, of course, possible to recover for short-term losses like emergency medical bills and personal property damage through a catastrophic injury case, it is much more important to alleviate the harm this injury will cause in the long term as much as possible.
Depending on the situation, this could mean seeking reimbursement for lost future earnings and working capacity, future medical bills and costs of things like home modifications or assistive equipment, and for lifelong physical discomfort and emotional anguish.
Once again, a catastrophic injury lawyer in Manor can be an irreplaceable resource when it comes to identifying what losses may be compensable in a particular case, valuating them accurately, and proactively seeking compensation through every potential legal avenue.
Suffering a life-altering injury is something no one should ever have to go through, especially when it is caused by another person’s negligence. If someone else severely injures you, though, taking effective legal action against them can make a tremendous difference in what your life looks like moving forward and how much you can mitigate the effects of your injury.
A conversation with a Manor catastrophic injury lawyer can help give you the clarity you need to take the first step toward a successful recovery. Call today for a consultation.