San Antonio Catastrophic Injury Lawyer

Sustaining a catastrophic injury in an accident could change your life forever. Individuals may be unable to complete everyday tasks or maintain a job. Besides the physical trauma, individuals are often left with emotional and financial hardships as well. With the help of a seasoned personal injury attorney, you may be able to hold the reckless party accountable for their actions.

If you or a loved one was severely injured in an accident due to the negligent actions of another, contact a San Antonio catastrophic injury lawyer to discuss your options. You may be eligible to recover compensation for your damages such as medical expenses, pain and suffering, mental anguish, disability, and loss of enjoyment of life. A skilled personal injury attorney specializing in catastrophic injuries can advocate on your behalf and help you and your family get the compensation you need. En Español.

Types of Catastrophic Injuries

The catastrophic injury umbrella includes any injury with devastating consequences. Such injuries prevent the individual from resuming daily activities and often require intensive care for the remainder of the person’s life. Some catastrophic injuries result in death. Examples of life-altering injuries include:

Spinal cord injuries
Brain injuries
Neck Trauma
Burns
Amputations
Broken bones, such as multiple breaks and fractures

There are many reasons why a catastrophic injury could occur. This could include car, motorcycle, truck, and semi-truck accidents, birth injuries, medical malpractice, and industrial accidents. Additionally, intentional acts such as assault can also cause a catastrophic injury.

Deadline For Filing a Claim

Catastrophic injuries follow the same personal injury claim guidelines issued by Texas courts to potentially recover damages. This includes abiding by the states’ statute of limitations. An injured claimant has two years to file a personal injury claim in court. The two-year time period starts from the date of the injury. If the claim is not filed within the statute of limitations, the injured party may be ineligible to recover compensation for damages.

It is best to speak to a seasoned attorney in San Antonio who has experience handling catastrophic injuries to discuss a specific case.

Statute of Limitations for Minors

When a minor suffers a catastrophic injury, there are two options for holding the defendant responsible. If the victim wishes to pursue damages immediately, a parent or legal guardian may bring the lawsuit on their behalf. Throughout the lawsuit, the minor has no say over decisions made during the lawsuit or regarding a possible settlement.

Should the minor wish to wait to bring a lawsuit, the statute of limitations begins running once the victim reaches age of majority. Therefore, once the minor turns 18, they have two years to bring a lawsuit against the defendant. An attorney can discuss the options a minor has and help the family choose the best course of action.

Statute of Limitations for Minors

How to Prove Negligence

Negligence is a common cause of catastrophic injuries. To establish the defendant’s negligence, the plaintiff must prove the defendant owed them a duty, they breached this duty, the breach resulted in the plaintiff’s injuries, and the plaintiff suffered damages. A San Antonio attorney can discuss whether the defendant acted negligently in causing the plaintiff’s catastrophic injury.

Each person has a legal duty to act in a manner that avoids causing harm to others. When the defendant acts unreasonably and injures another person, they breach their duty. The defendant’s actions are unreasonable when the average person would have acted differently in similar circumstances.

After the defendant is found in breach of their duty, the plaintiff must prove the breach caused their injuries. As such, the plaintiff must establish their injury was not caused by any other occurrence. Only after the plaintiff establishes the causation can they recover damages for their injuries.

Understanding Shared Negligence

In many situations, the injured claimant could be found partially at fault for an accident. The State of Texas uses the modified comparative negligence rule when determining liability. The injured claimant may be eligible to recover compensation for damages as long as they are less than 50 percent at fault. If the injured party is found to be 51 percent or more at fault for their accident, they may be barred from recovering compensation for damages. An experienced severe injury attorney could explain the laws regarding shared fault and help the injured claimant fight against the claims.

Damages for Catastrophic Injuries

Catastrophic injuries significantly alter the victim’s life and entitle the plaintiff to recover damages. A plaintiff may recover economic and non-economic damages from the defendant. A skilled San Antonio attorney could help the plaintiff maximize the damages they recover for their catastrophic injury.

Economic Damages

Economic damages compensate the plaintiff for all financial losses caused by the catastrophic injury. These damages can include all medical treatment, past and future lost wages, and all other out-of-pocket expenses.

At times, catastrophic injuries require a long-term medical care plan. The plaintiff’s damages will include the estimated cost of future medical care the victim may require.

Non-Economic Damages

The plaintiff is entitled to non-economic damages for the pain and suffering and diminished quality of life the injury causes. The plaintiff’s quality of life is judged based on what they are no longer able to do in their lives due to the injury. This could include:

Pain and suffering
Loss of enjoyment of life
Loss of consortium

The Importance of Medical Treatment

Recovering damages is very difficult without a record of the injuries suffered by the plaintiff. Seeking medical treatment immediately after the accident not only helps minimize the potential long-term effects of the injury but puts the plaintiff in a better position to recover damages. The plaintiff’s medical records are evidence of the injuries caused by the defendant’s actions.

Make an Appointment with a San Antonio Catastrophic Injury Attorney Today

Experiencing a catastrophic injury can be traumatic and cause significant hardship for you and your family. The financial cost of a such severe damages could be debilitating for a family. Let an experienced San Antonio catastrophic injury lawyer help you hold the reckless party accountable and get the financial compensation you need. Call today to get started on your case.