Some states have a specific statute that describes what a catastrophic injury is.
Texas doesn’t use that term, but Texas Penal Code Chapter 1 does outline what constitutes serious bodily injury.
Beyond broken bones or whiplash, a serious bodily injury is one that puts you at recognizable risk for death, causes permanent disfigurement, or results in the loss of function of a body part or vital organ.
These conditions may include:
- Paralysis from a spinal cord injury
- Disfigurement and scarring from extensive burns
- Loss of your reproductive function
- Loss of vision, hearing, or speech due to physical injuries
- Amputation, either sudden or surgical
- Traumatic brain injuries
The key is that your condition is permanently disabling and significantly reduces your quality of life.
You are often left needing constant medical and personal care, and any recovery may be minimal. You will probably be unable to support yourself or your family, and you could face increasing medical bills for your treatment and maintenance for the rest of your life.
So, what are your legal options?
Catastrophic Injury Victims Can Seek Compensation from At-Fault Parties
When someone else is responsible for your catastrophic injury, you may have the right to sue for payment. You could file a claim against their auto or home insurance to demand compensation for your damages.
Unfortunately, most insurance policies won’t cover the extensive costs associated with serious bodily injury, so you may need to take more aggressive legal action.
By filing a personal injury lawsuit, you have the right to recover every dollar of the expenses you’ve suffered as a result of your injury. These may include:
- All your medical bills
- Emergency ground or air transportation for treatment
- Surgical, ICU, and ER expenses
- Continuing surgeries, such as for skin grafts after a severe burn
- Home care services you can no longer perform, such as cooking, cleaning, or home maintenance
- Travel costs to your treatment and doctor appointments
- Your lost income and the value of your decreased earning ability
By working with a qualified personal injury attorney, you can seek repayment for all these costs through an insurance claim.
Your lawyer will collect and present relevant evidence demonstrating what happened and who is at fault. They can manage negotiations with the insurer for a fair settlement while you put your attention on getting better.
A Catastrophic Injury Also Causes Pain and Suffering
Your economic losses can be quite high but are easy to demonstrate for an insurance or lawsuit claim.
However, the intangible, non-economic damages you suffer will also be quite substantial. You will be left with pain and suffering for the rest of your life, and your quality of life will be dramatically altered.
Most insurance policies do not pay for non-economic losses, so if yours are high (or your economic damages exceed the policy’s limits), your attorney may recommend filing a lawsuit. This gives you a greater chance of recovering full compensation for things such as:
- Mental anguish
- Emotional distress
- PTSD
- Isolation from society due to burns, scarring, or amputation
- Loss of spousal intimacy
- Loss of your ability to care for, guide, and comfort your children
- Depression and anxiety
- Grief, embarrassment, and shock
In addition to holding at-fault parties accountable for hurting you, a well-qualified personal injury attorney will use their resources to help you access assistance programs. You may need to file for Medicare, meal programs, or other methods to sustain yourself. If you require a service animal or a paid nursing companion, your attorney can help you find the right contacts and include these costs in your damage demands.
Handling a Catastrophic Injury Case Requires help From a Dedicated and Experienced Attorney
When you are in the hospital facing a long recovery and astronomical medical bills, the thought of hiring a lawyer can seem too much to consider.
You may be hesitant to add to your growing expenses, believing the liable party’s insurance will take care of everything. This is rarely the truth, even when it’s clear the other person is at fault for hurting you.
To push back and get what you are owed, look for a personal injury lawyer who offers free consultations. They should also have a strong background in multiple kinds of accidents, such as:
- ATV crashes
- Bicycle and e-scooter accidents
- Bus accidents
- Car, truck, and motorcycle accidents
- Pedestrian accidents
- Product liability cases
- Rideshare accident claims
- Slip and fall or other premises liability events
- Wrongful death cases
Managing an insurance or legal claim is complicated and often feels unfair if you are unfamiliar with the rules insurance companies and courts use.
If you’re struggling to learn how to walk or move again, you don’t need to expend your precious energy on dealing with others who may not put your interests first. You need a powerful legal advocate who will stand up to those who don’t provide what you need to recover and move on with your life.
Important Laws Affecting a Catastrophic Injury Claim in Texas
When you file an insurance claim, you must do so within the timeline set by the insurance provider.
This timeline differs from one company to another, so you must act quickly to ensure you do not lose your chance. When it comes to filing a personal injury lawsuit, other laws may impact how much time you have to act.
For example, the Texas statute of limitations only allows two years for you to file your case in court. If you wait too long, you could lose the right to seek compensation at trial and be left paying your own expenses.
Your attorney may recommend you file your claim early in the event the insurance negotiations are not satisfactory.
If you win your case, you will ideally receive full compensation for all the damages you claimed. In some instances, the court may award punitive or exemplary damages to punish the wrongdoer more harshly. With catastrophic injuries, this award is limited to $200,000 or twice the amount of your economic losses, whichever amount is greater.
Depend on the Houston Personal Injury Attorneys for Your Catastrophic Injury Case
You deserve someone on your side who will use their experience, skills, training, and diligence to protect your rights.
The team at Williams Hart & Boundas will not rest until you have the results you deserve, with maximum compensation for your damages. A catastrophic injury lawyer from our firm will be dedicated to serving your case with honesty, integrity, and compassion.
We provide free case reviews so you can ask your questions and get started taking control of your case. You also don’t need to worry about paying an upfront fee since we only take our payment if and when we secure a settlement for you.
Take action and contact us now to arrange your complimentary consultation with a Houston personal injury lawyer today.