Catastrophic injuries are devastating and have the potential to impact you and your family permanently. You may be unable to participate in everyday activities, and your family may become responsible for your care. This can have a profound impact on your emotional and financial wellbeing.
If someone else’s negligence has irreparably harmed you in The Colony, a catastrophic injury lawyer could help you fight for the compensation you deserve. By enlisting the help of an experienced injury attorney, you can improve your chances of a successful recovery.
Injuries are considered catastrophic when they result in long-term or permanent harm to a person. Trauma to the brain, spinal cord, or spine, as well as multiple broken bones and severe burns are often considered catastrophic, as well any injury that causes permanent disability or death.
Traumatic harm can be caused by vehicle accidents, sports injuries, chemical spills, or serious falls. Some common examples of catastrophic harm include:
Due to their severity, catastrophic injuries often require extensive medical treatment and time off work. A skilled lawyer in The Colony could help someone who has suffered traumatic harm recover compensation for these financial losses and more.
Compensation for catastrophic injuries usually falls under the negligence laws of Texas. People are supposed to act reasonably to ensure the safety of others, and when they do not, an accident can occur. If a careless person legally caused an accident causing another person to be injured in The Colony, a catastrophic injury attorney may be able to file a lawsuit for compensation on the injured party’s behalf.
A person harmed in a traumatic accident should collect medical bills, rehabilitation expenses, medications, and copies of police reports and witness statements. An attorney in The Colony can review all the evidence to determine which parties are liable for the traumatic accident. In some cases, more than one party may be liable. For instance, both a nursing home and individual staff members may be liable if an elderly patient suffers gangrene and loses limbs. An experienced attorney could investigate the case to determine the at-fault party or parties.
A skilled lawyer could negotiate with a defendant’s insurance company to reach a suitable settlement. However, if both parties cannot agree on a reasonable payment, a lawsuit can be filed to try and get a claimant the money they need.
Texas law defines two types of damages in catastrophic injury cases. Compensatory damages relate to economic losses, such as medical bills and lost wages, and to non-economic losses, which includes pain and suffering, decreased quality of life, and loss of consortium. If the injury is due to medical malpractice, Texas places a $250,000 cap per liable party on non-economic damages.
Texas also follows a modified comparative negligence doctrine, in which a claimant who is found less than 50 percent responsible for an accident can still collect damages. The amount paid to the claimant will be reduced by the percentage they are found to be at fault.
Texas also allows a claimant to collect punitive damages in cases where the defendant is grossly negligent or acts with malice. For example, in car wreck cases involving a drunk driver, punitive damages may be awarded. Texas law limits punitive damages to no more than twice the amount of economic compensatory damages awarded by the court, in addition to the amount of non-economic damages up to $750,000. A dedicated attorney in The Colony could help determine if punitive damages are available to someone who suffered devastating harm.
Do not hesitate to reach out to an experienced legal team to help you seek compensation for your traumatic injuries. Texas law only allows you two years from the date the injury occurred to file a civil suit.
If you or a loved one were suffered devastating harm in The Colony, a catastrophic injury lawyer could guide you through the litigation process and help you seek fair compensation. Schedule your free initial case consultation today.
McCraw Law Group