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.
The first actions taken after a serious accident may affect both your health and your legal claim. You should seek emergency medical treatment immediately and continue following all recommended care plans. Delays in treatment may allow insurance companies to argue that your injuries were less serious than claimed.
You should also preserve as much evidence as possible related to the incident. Photos of the accident scene, medical records, witness information, and communication with insurers may all become important later in the case. Someone pursuing compensation after a catastrophic accident in San Antonio may benefit from speaking with an attorney before providing recorded statements to insurance adjusters.
Missing a filing deadline may prevent recovery altogether. An attorney may explain how the statute of limitations applies to your situation and whether any exceptions could affect your claim.
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:
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.
Texas follows a modified comparative fault system. This rule allows an injured person to recover damages only if they are found less than 51 percent responsible for the accident. Any compensation awarded may also be reduced based on the percentage of fault assigned to them.
Comparative fault disputes frequently arise in catastrophic injury claims because insurance companies often try to shift blame to reduce financial exposure. An individual involved in a construction accident, truck collision, or motorcycle wreck may face allegations that they ignored safety precautions or contributed to the incident. A serious injury lawyer in San Antonio may gather evidence, consult experts, and challenge unfair accusations that could weaken a claim.
These cases may also involve multiple defendants, including drivers, property owners, contractors, or product manufacturers. Determining liability often requires a detailed investigation into safety violations, maintenance failures, or negligent conduct that contributed to the injury.
Catastrophic injury claims usually involve damages that extend far beyond immediate medical bills. A person living with traumatic brain injuries, spinal cord damage, severe burns, or amputations may require lifelong treatment, assistive devices, home modifications, and ongoing rehabilitation. Calculating these future costs often requires testimony from medical professionals, economists, and life-care planners.
A catastrophic accident attorney in San Antonio may also evaluate non-economic damages such as emotional distress, chronic pain, and reduced quality of life. Because these injuries frequently affect employment opportunities and personal independence, insurance carriers may aggressively dispute the value of the claim.
You may encounter additional complications if the accident occurred on a construction site or involved commercial vehicles. In these situations, multiple insurance policies and corporate defendants may become involved, making negotiations more difficult without experienced legal guidance.
These claims often take longer than standard injury cases because medical treatment, expert analysis, and liability investigations may take months to complete.
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.
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.
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.
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.
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.
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 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.
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:
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.
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.
