Lewisville Catastrophic Injury Lawyer
Any injury sustained in an accident has the potential impose significant financial and personal losses. However, when someone else’s negligence results in a permanent disability or disfigurement, you may have grounds for legal recourse.
If you wish to file a civil claim, it can be beneficial to seek assistance from a personal injury attorney who has experience helping individuals like you through similar situations. A knowledgeable and compassionate Lewisville catastrophic injury lawyer could work to recover not only for the losses you have already sustained, but also the losses you will suffer in the future.
What Makes Traumatic Injury Claims Unique?
While catastrophic injuries are considered particularly severe due to their permanent and debilitating nature, devastating injury cases in the context of civil law are no different from any other personal injury claim. Successful recovery still requires a claimant’s to prove that a defendant was negligent in some way and directly resulted in a claimant’s compensable losses.
Due to the long-term impact of a catastrophic injury, any settlement demand or lawsuit must account for the long-term economic and non-economic losses that injury causes. This includes home modification costs, bills for rehabilitative care and in-home assistance, loss of consortium, and loss of enjoyment of life.
However, Texas Civil Practice and Remedies Code §16.003 sets a two-year filing deadline on personal injury litigation regardless of how severe the injury in question is. As the full extent of a claimant’s losses may not be known in that time, a knowledgeable attorney may bring in local experts to determine the future impact of a catastrophic injury.
How Comparative Fault Could Restrict Recovery
Another potential legal obstacle that can be especially impactful in traumatic injury claims is the modified comparative fault system that Texas civil courts follow. Under Texas Civil Practice and Remedies Code §§33.003 and 33.012, a court must evaluate and assign both the defendant and claimant a portion of responsibility for an accident. A claimant’s recoverable damages will then be reduced by their percentage of fault.
Additionally, if a claimant’s assigned percentage of fault exceeds 50 percent compared to all other involved parties, TX Civ. Prac. and Rem. Code §33.001 makes them ineligible to receive any compensation whatsoever. As catastrophic harm can result in substantial financial and physical burdens, any reduction of recovery could be devastating. By working with a dedicated lawyer in Lewisville, a catastrophically injured claimant could build a strong case against comparative fault.
Get in Touch with a Lewisville Catastrophic Injury Attorney Today
After suffering a catastrophic injury, the resulting physical, mental, and financial losses can be devastating for you and your family. You want to find a reliable attorney who could account for not only your past losses, but the future implications of your injury as well.
By working with a compassionate Lewisville catastrophic injury lawyer at our firm, you could trust that your case will receive the care and time it needs. Call our office right away and schedule your initial case consultation for free. We look forward to speaking with you.