Accidental injuries are a part of life. Sometimes they’re the result of your own errors. Other times, though, they’re caused by another party’s negligence. Negligent behavior can lead to catastrophic injuries. These injuries are severe and expensive, and they often leave victims unable to work.
If another party caused your catastrophic injury, you have the right to pursue a financial recovery. A catastrophic injury lawyer serving Carrollton from D. Miller & Associates, PLLC™ can advise you on the insurance settlement or personal injury lawsuit process. We believe you deserve legal representation.
What Qualifies as a Catastrophic Injury?
Per 34 U.S. Code § 10284, a catastrophic injury “permanently render(s) an individual functionally incapable … of performing work.” Such injuries may include but are not limited to:
- Traumatic brain injuries (TBIs)
- Spinal column damage
- Paraplegia
- Severe skeletal trauma
- Nerve damage
These injuries occur in various contexts. For example, the average comprehensive cost of a disabling car accident injury in 2020 was $1,252,000, according to the National Safety Council. Other types of accidents that may cause catastrophic injuries include:
- Truck accidents
- Bicycle accidents
- Medical malpractice
- Defective medication
- Slip and fall accidents
- Defective medical devices
- Drunk driving (DWI) accidents
Our lawyers serving Carrollton have represented catastrophic injury victims across many types of cases. Don’t worry if you don’t see the accident that caused your injuries listed above—we may still be able to work on your case.
What Are Damages, and How Do They Apply to My Catastrophic Injury Case?
There are two types of damages in a catastrophic injury case: economic and non-economic. When you file an insurance claim or lawsuit, you pursue financial damages, which can reimburse you for your losses.
Economic damages are the tangible financial losses you’ve suffered. They may include:
- Present and future lost wages if your accident left you unable to work
- Medical expenses
- Property repair costs
- Life care services
Non-economic damages are harder to tally, but equally important. They cover the emotional losses that you’ve endured, such as:
- Pain and suffering
- The loss of a close, personal relationship
- A reduction in quality of life
Our Catastrophic injury attorneys serving Carrollton can evaluate your case and help you arrive at a fair financial recovery value during the negotiation process. We advise you to be cautious of initial insurance settlement offers. If you agree to an insurance settlement, you won’t be able to pursue further damages. These agreements are legally binding.
How Can I Pursue a Financial Recovery After a Catastrophic Injury?
Our team will pursue a financial recovery on your behalf. This process entails multiple steps, the most important of which are gathering evidence and assigning liability. You must assign liability in a catastrophic injury case. Without a liable party, you can’t pursue a financial recovery.
Gathering Evidence
A catastrophic injury lawyer serving Carrollton from our firm will handle the painstaking evidence review process. They’ll gather any evidence that’s relevant to your case, including:
- Accident reports
- Video, images, or any other relevant accident site documentation
- Witness interviews
- Testimonials from experts, like an accident reconstruction specialist
- Your medical records and invoices
Finding the Liable Party
In some catastrophic injury cases, it’s obvious who’s at fault. However, in others, it may be difficult to determine who’s responsible for your injuries. A liable party in a catastrophic injury case could be:
- Another driver on the roadway
- A truck driver
- A trucking company
- A product manufacturer
- A doctor
- A property owner
To determine liability, we’ll evaluate the aforementioned evidence and work to prove the four elements of negligence. We must show that the liable party:
- Was responsible for you keeping you safe, also known as owing you a duty of care
- Failed to uphold this duty of care
- Caused an accident due to this negligence
- Harmed you as a result of said accident
Carrollton is subject to Texas’ comparative negligence law. This code bars claimants from receiving a settlement if they were more than 50 percent responsible for the accident that caused their injuries.
There’s a thin margin of error in catastrophic injury cases. While you can negotiate with insurers or file some lawsuits on your own, we advise you to seek legal counsel first.
If you say the wrong thing to the liable party’s insurer, they may try to invalidate your settlement. Similarly, an opposing legal team will work tirelessly to prove that you were at least partially responsible for the accident.
The Benefits of Hiring a Catastrophic Injury Lawyer From D. Miller & Associates, PLLC™
We’re more than just lawyers. We’re negotiators, advisors, and proud supporters of the clients we serve. If you hire us, we will:
- Manage insurance negotiations
- Meet your case deadlines
- File required documentation
- Offer you accessible legal advice
- Provide you with a free case evaluation
- File your lawsuit, if required
This is what some of our previous clients have said about working with us:
- “The staff here are genuinely concerned about what is going on in our lives. They have walked me through every step and I sincerely appreciate their helpfulness.” – Shelley B.
- “Very attentive and helpful law firm. Quick to answer your questions and explain tough legal language and made a negative time of my life have a positive outcome and brighter future.” – Daniel L.
- “I have been represented by D. Miller & Associates, PLLC for almost a year and I have nothing but positive things to say. The people there are always friendly and do their best to answer any questions to the best of their ability. I would strongly recommend this firm for any of your personal injury or any other claims you may have.” – Wayne P.
Catastrophic Injury Cases in Carrollton Have a Deadline
After a catastrophic injury, you can’t wait forever to get started on your case. Catastrophic injury cases are subject to a personal injury statute of limitations. Texas law provides a two-year deadline. If you miss it, you won’t be able to pursue legal action against the liable party.
A lawsuit is one of two ways you may secure a financial recovery. Insurance settlements, which aren’t subject to the personal injury statute of limitations, are an option, as well. However, if insurance negotiations fall through, a lawsuit may be your only option.
Similarly, if you wait too long, witnesses may:
- Forget what they know about your accident
- Move away from the Carrollton area, which could complicate the evidence-gathering process.
Hire a Catastrophic Injury Lawyer Today
Injured residents of Carrollton, TX deserve a fair shot at a financial recovery. Our catastrophic injury lawyers serving Carrollton can manage the difficult aspects of your case so you can spend more time recovering from your injuries. We want to hear about you and your case.
Call our offices for a free case evaluation today.
