A catastrophic injury can turn your world on its head. Most injuries, even serious ones, offer the possibility of a full recovery. With catastrophic injuries, a full recovery is not possible, and the lives of the injured person and their loved ones are forever changed.
There is always hope for a better tomorrow, and a Seguin catastrophic injury lawyer can help you get there. Compensation for catastrophic injuries is often substantial, and though money cannot solve everything, a large settlement can lighten your burden and increase your options as you move forward with your recovery. Reach out to our personal injury attorneys to learn more.
A catastrophic injury has two essential components—it is both serious and permanent. Common examples of catastrophic injuries include:
These injuries usually require intensive short-term treatment followed by weeks, months, or years of follow up treatment. Often, the injured person requires a level of care for the rest of their life. When determining whether a case qualifies as catastrophic, a Sequin attorney will review the seriousness of the injury, the level of and duration of care the injured person requires, and compare the case at hand to past cases.
When a person suffers a catastrophic injury because of another’s negligence, they should be entitled to damages. The most common types of damages are economic and non-economic. Texas Civil Practice and Remedies Code § 41.001(4) explains that economic damages compensate an injured party for actual financial losses. This includes compensation for medical bills, costs of care, pharmaceuticals, lost wages, etc. Tex. Civ. Pract. & Rem. § 41.001(12) explains that non-economic damages provide compensation for pain and suffering, emotional anguish, loss of enjoyment in life, etc.
Importantly, both types of damages compensate for past losses and estimated future losses. Because catastrophic injuries are permanent, the damages should compensate for the rest of the injured person’s life. As such, damage awards and settlements in a catastrophic injury case can be high, and our Seguin attorneys work hard to get their clients every penny they need.
To avoid or limit liability, a defendant will often argue the injured person was partly or wholly responsible for their injuries. However, even if an injured person is partially responsible, they can still recover as long as the defendant’s share of the responsibility is the same or greater. Pursuant to Tex. Civ. Pract. & Rem. Ch. 33, Subchapter A, the jury must determine each person’s percentage of responsibility, and each person may recover their damages reduced by that amount. However, if their share of fault exceeds 50%, they may not recover anything. Even if a person fears they share responsibility, they should still speak to an attorney. Even a partial recovery may be substantial in a high-value case.
The statute of limitations provides a strict deadline for beginning legal action following an injury. Tex. Civ. Pract. & Rem. § 16.003 sets the limit at two years for personal injuries, including catastrophic injuries. Generally, this means the injured person must commence their lawsuit no later than two years after the date of injury. If the deadline is missed, the case is usually barred permanently—an extremely harsh result, particularly in cases of catastrophic injury. There is complexity to the statute of limitations, and certain rare exceptions apply. If the deadline has passed, a person may still benefit from consulting with a catastrophic injury lawyer in Sequin. If the deadline has not passed, best practice is to proceed without delay.
A catastrophic injury is a life-altering event. With the help of a Seguin catastrophic injury lawyer, you can take steps to make the best life you can. While no one can change the past, we are committed to helping improve your future. Call us today for an initial consultation.