Getting hurt in College Station because of someone else’s mistakes is distressing and financially taxing. But suffering from a permanent injury can cost you significantly more. However, you have the right to seek financial recovery from those responsible for your or a loved one’s condition.
A College Station catastrophic injury lawyer with D. Miller & Associates, PLLC®, can help you hold the liable parties accountable for your losses after a severe accident. You can call for a free case evaluation with our team and learn more about your legal options.
What Is a Catastrophic Injury?
Federal and state laws view catastrophic injuries as any injury limiting your capacity to work and support yourself. Depending on their severity, many health conditions can fall under this category. Some forms of catastrophic injuries include:
- Spinal cord injuries (SCIs)
- Traumatic brain injuries (TBIs)
- Burn injuries
- Skull fractures
- Loss of limbs
- Sensory loss (such as eyesight or hearing)
Our College Station catastrophic injury lawyer can gather medical records of your condition to prove you suffered from a catastrophic injury. We could also collect testimonies of how the injury hinders your work and other areas of your life.
Liability in a Catastrophic Injury Action in College Station
Determining someone’s fault for your catastrophic injury works similarly to other injury actions. If you suffered an injury by accident, you usually must prove the other party acted negligently. For example, suppose a driver was on the phone when they struck you during an auto collision. They would be negligent for driving while distracted.
If the other party willfully harmed you, you do not need to show they were negligent—you must only show their actions hurt you. For instance, a criminal would be liable for your catastrophic injury if they shot you during a robbery.
A party can also be liable even if they did not directly injure you. For example, if a defective product caused your injury, you could hold the manufacturer or the seller responsible. In any case, our College Station catastrophic injury lawyer can help gather evidence of their fault, such as photos, surveillance footage, and witness testimonies.
Relevant Laws Can Vary in a Texas Catastrophic Injury Case
Since your catastrophic injury can have many possible causes behind it, the statutes that apply to your situation can vary from others. Our College Station catastrophic injury lawyer’s responsibility is to remain current on these various laws and guide you through the settlement process.
For instance, if you were injured in a car accident, Texas and College Station’s traffic laws would apply to you. Meanwhile, our lawyer could look into premises liability laws instead if you got hurt in a slip and fall accident on a commercial property.
Recoverable Damages in Catastrophic Injury Actions in Texas
As with a regular injury settlement, your financial recovery for a catastrophic injury could include economic and non-economic damages. Economic damages pay for financial losses like hospital bills, medications, and the income you lost while recovering. But considering that a catastrophic injury limits or completely restricts your ability to work, you could also recover damages such as:
- Replacement of future lost earnings
- Future medical and rehabilitation costs
- Assistive care services
Non-economic damages cover your pain and suffering, such as trauma and disabilities and other intangible losses. These damages could be a higher amount as they would cover the severe injuries that require specialized care.
A College Station catastrophic injury lawyer with our firm can investigate your accident injuries and build a case for damages against the liable parties.
Shared Fault Still Affects the Amount You Could Recover
Despite your severe injuries, you could still be subject to Texas’ comparative fault laws. Under Texas law, your recovery could get reduced if you are partly responsible for the incident behind your catastrophic injury. For example, if you were 40 percent liable in a T-bone collision, you would recover 60 percent of your total damages. So, if the initial settlement is $500,000, only $300,000 goes to you.
Furthermore, Texas law bars you from recovering any amount if you are more than 50 percent liable for your injury. Our College Station catastrophic injury lawyer can review all evidence in your case and determine fault.
Filing a Catastrophic Injury Claim vs. a Lawsuit in College Station, TX
After gathering proof and estimating the settlement value, our College Station catastrophic injury lawyer can help file a liability claim or a civil lawsuit. They will first assess which one works best based on your circumstances.
In most cases, injury victims file a claim with the liable party’s insurer first. College Station individuals and businesses typically carry liability insurance to pay for the expenses their victims accumulate in accidents, including medical bills and lost wages.
If the insurance claim does not work (such as when the at-fault side is uninsured or does not have enough coverage), you could file a catastrophic injury lawsuit. The civil court will review the incident and decide the amount you can recover. Our lawyer serving College Station can represent you whether you face the insurance company or the court.
Texas Sets Two-Year Deadline on Injury Cases in Texas
Texas law also states that you must file your suit within two years of the incident. Our injury attorney can also track the case’s progress to ensure that you can pass the case on time. Failure to submit punctually will automatically dismiss the lawsuit, so it would be best to start while you still have ample time.
Our Injury Lawyers Can Help You With a College Station Catastrophic Injury
D. Miller & Associates, PLLC®, is always here to help victims of catastrophic injuries in College Station. Since 2002, we have helped people throughout Texas recover from their losses after being harmed by another party. Our legal team works in various practice areas, including auto accidents, dog bites, and defective products.
Call us today a free case evaluation with our team to learn how our College Station catastrophic injury lawyer could help your case. We have a 24/7 support team on standby, so contact us anytime.
