Most people who suffer injuries will fully recover with care and time. However, there are times when an injury can be so life-altering that it causes financial hardship and a lifetime of discomfort. If someone’s reckless or irresponsible actions caused you injuries from which you are unlikely ever to heal fully, you might consider taking legal action against them for financial recovery.
This is often a challenging undertaking, especially for a person with painful, severe injuries. A Garland catastrophic injury lawyer from D. Miller & Associates, PLLC®, can lead your case and ease some of the pressure of filing a legal case while trying to get better after an accident. We can talk with you about your injuries during a free case evaluation with our team. You can reach out today to get started.
When Is an Injury Catastrophic?
A catastrophic injury prevents a person from returning to their life before being hurt. It is catastrophic when it permanently causes life-changing damage and long-term, debilitating symptoms. In some cases, patients will need a long recovery period.
Below are some factors that contribute to an injury’s classification as catastrophic:
- Lifelong physical or mental disability
- Susceptibility to infection or reduced immunity
- Irreversible loss in quality of life
- A constant need for care, assistance, or supervision
There is no standard definition of a catastrophic injury, but it may include the following:
- Serious head trauma
- Traumatic brain injuries (TBIs)
- Spinal cord and neurological disorders
- Severe burns
- Internal organ damage
- Amputation of limbs
- Complex or multiple fractures
- Vision or hearing loss
Long-Term Care for a Catastrophic Injury Can Be Expensive
Catastrophic injuries cause serious lifelong disabilities. Patients often need extensive treatment, corrective procedures, and mental and emotional rehabilitation as they heal. Health care costs can exceed most people’s ability to pay their medical bills.
If you are healing from a catastrophic injury in Garland, you likely cannot afford to lose out on financial recovery for your medical costs. Our injury lawyer can pursue damages that can help you meet your financial needs as you heal.
Recovering Damages in a Garland Catastrophic Injury Case
Catastrophic injuries arise from various situations, including:
- Vehicle collisions
- Defective products
- Animal attacks
- Dangerous, unmaintained premises
- Medical errors
In these instances, an injury may not have happened if the liable parties had followed safety protocols. Since the incident happened and left you with an injury significantly worse than its common counterparts, the severity of the damage is much greater and can impact the rest of your life.
Filing an insurance claim for an injury or a lawsuit for damages will not erase the harm done to you. However, it can help you pay for the long-term medical treatment and care you need to live. Below are the damages our Garland catastrophic injury attorney could seek on your behalf:
These damages reimburse injured parties for their monetary losses after an accident or event. The following qualifies as economic damages:
- Medical costs, such as treatments, hospital care, surgeries, rehabilitation, medications, and doctor’s appointments
- Lost income, benefits
- Property damages
- Other accident-related expenses
As with many catastrophic injury cases, recovery can take years; in some instances, people never fully recover. For these, you may seek damages for future costs of medical care and loss of future earnings.
These damages do not have a monetary amount but are important because of how they affect your physical and mental well-being :
- Pain and suffering
- Mental anguish or serious trauma
- Physical impairment or disfigurement
- Reduced quality of life
- Loss of consortium
You must prove non-economic damages with evidence of how the accident and resulting catastrophic injury altered your life. The potential recovery may reflect the injury’s severity, but it changes when medical malpractice causes harm.
According to Texas law, non-economic damages against a medical professional or institution are limited to $250,000 per claimant. For cases involving multiple institutions, the cap is $500,000 per claimant.
Can You Recover Damages if You Are Partly at Fault?
Fortunately, you can seek financial recovery if you are partially responsible for the incident. Under Texas law, you may seek recovery if your degree of fault is less than 50 percent. The state follows a modified comparative negligence rule, so the court recognizes the parties’ shared responsibility for an incident.
If the court assigns you a percentage of liability for the event that caused your catastrophic injury, this figure will lower your award. If you were 20 percent at fault, you could only recover up to $80,000 in damages for an agreed settlement of $100,000. Even though you have catastrophic injuries, you must still account for your role in the incident.
You Have a Limited Time to Sue for a Garland Catastrophic Injury
Many catastrophic injury victims do not pursue a claim immediately, thinking they must make a full recovery before taking legal action. However, doing so may not be the right step, especially if they require a long recuperation period for their injuries and trauma.
Texas law generally gives you two years from the accident or injury date to pursue damages from the liable party. Once the window passes, you lose your right to file a lawsuit and, by extension, your negotiating leverage.
If your catastrophic injury makes moving forward with the case difficult, consider hiring our injury lawyer serving Garland to work on your behalf and make headway within the time limit.
Contact Us for a Free Case Evaluation for a Garland Catastrophic Injury
A catastrophic injury can have devastating effects on you and your family. You may have ongoing financial difficulties, extreme physical pain, severe mental distress, and a significantly reduced quality of life. For most people, coping with these changes is an everyday struggle.
We can pursue recovery for you by building a solid case and pursuing those responsible for your injuries. Working with a Garland catastrophic injury lawyer from D. Miller & Associates, PLLC®, may be just what you need to get back on your feet financially and physically. Reach out today for a free case evaluation.
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