Millions of Americans are injured in accidents every year, according to The Centers for Disease Control and Prevention (CDC). These injuries range in severity. Some are minor, whereas others seriously cripple victims physically, financially, and emotionally.
A catastrophic injury can alter the trajectory of your life. If you’re suffering from paralysis or a traumatic brain injury (TBI), you may be unable to work amidst mounting medical costs. In Texas, you have the right to pursue a financial settlement if another party caused your injuries. A catastrophic injury lawyer serving Irving from D. Miller & Associates, PLLCᴿ can evaluate your case.
How Much Will My Financial Settlement Be After a Catastrophic Injury?
The value of your settlement depends entirely on the context of your case. The severity of your injuries will play a role, as will negotiation proceedings. These factors aren’t static across catastrophic injury cases. Their variability means there’s no average financial settlement in a catastrophic injury case.
However, catastrophic injury cases have one consistent element: damages. While damages aren’t the same in every case, they typically cover similar ground. They’re broken into two categories: economic and non-economic. These metrics account for the ways your accident harmed you financially and emotionally. They may include:
- Medical costs
- Lost wages
- A reduction in earning capacity
- Emotional trauma
- Property damages
Your final financial recovery will be a combination of these damages and their assigned valuation. Our catastrophic injury lawyers will pursue these damages for you.
How do I Receive a Financial Recovery After a Catastrophic Injury?
In a catastrophic injury case, there are typically two ways to pursue a settlement: an insurance claim or a personal injury lawsuit. The availability of these options will depend on your case’s facts.
To secure an insurance settlement, the party that caused your injuries must have an applicable insurance policy covering them, such as car insurance for a car accident or home insurance for a premises liability case.
It’s easy to assume that their insurer has your best interests in mind. However, insurers often try to settle for the lowest value possible. Settlements are legally binding, so if you agree to a low recovery, you won’t be able to pursue further legal action.
To reduce your settlement, insurers may:
- Use a recorded statement against you
- Investigate your personal life to attempt to reduce the value of your claim
- Employ case evidence to deny your claim outright
Our catastrophic injury lawyers serving Irving will manage your insurance negotiations. We can identify both low-value settlements and bad-faith insurance practices. If insurance negotiations aren’t satisfactory, we can file a lawsuit.
Like insurance settlements, lawsuits hinge on liability. To file a lawsuit successfully, you must show that another party was liable for your accident. This process involves developing a theory of liability. The first step of establishing liability is evaluating case evidence, which can include:
- Traffic camera footage or other documentation from the accident scene
- Eyewitness statements and interviews
- Expert testimonials
- Medical records or invoices
We will slot this evidence into the four steps of negligence, a framework used to establish liability. We’ll work to prove each of these qualifiers:
- Duty of care: A duty of care is a code of responsibility. For example, doctors owe a duty of care to their patients – they’re responsible for providing them safe and adequate healthcare.
- Breach of duty: This evidence must show that the liable party failed to uphold their duty of care.
- Causation: This failure must be clearly linked to the accident that caused your injuries.
- Damages: Finally, your financial status and injuries must clearly show that you suffered damages because of your accident. We can evaluate your invoices and medical records to show you deserve a settlement.
Under Texas law, you can pursue a settlement without a lawyer. However, we advise against going it alone. During insurance negotiations, saying the wrong thing may nullify your case. Insurers are trained to pressure claimants into admitting fault.
Similarly, pursuing a lawsuit is both complex and time-consuming. You’ll need to familiarize yourself with state codes and legal terminology, all while trying to recover from your catastrophic injury. A catastrophic injury attorney serving Irving from our firm will shoulder this burden. You deserve time to heal and support your family.
Why Choose a Catastrophic Injury Lawyer From D. Miller & Associates, PLLCᴿ?
We provide more than just legal services. We care about our clients, and when you join us as a client, you’ll receive the benefit of:
- Compassionate legal aid
- Accessible support
- Prompt answers to your questions
- Assistance with finding a medical provider
- Peace of mind
We’ll take care of the hard stuff, so you don’t have to.
Clients are the heart of most legal firms, ours included. We tailor our services to meet the needs of your specific case. This is what some of our previous clients have said about working with D. Miller & Associates, PLLCᴿ:
- “Very hard working people. Helped me when I could find No one. THANK YOU We Are SO GRATEFUL. They are very in depth, professional, flawless responsibility to each client. Superior character. Making one feel at ease and comfortable throughout the entire ordeal. What an exceptional experience. A genuine concern and care for their clients.” – Sherry C.
- “Everytime I’ve called they have been very courteous and attentive. They also answered all my questions I had regarding my case and made me feel like they truly care about my claim. Even though my case is still pending I know I will go to them for any other legal issues I may have in the future.” – Adrianne F.
Don’t Wait to Get Started on Your Catastrophic Injury Case
Residents of Irving are subject to Texas’ personal injury statute of limitations. This Texas law provides a two-year deadline for catastrophic injury cases. While this deadline applies only to lawsuits, you shouldn’t run down the clock on your case.
Missing this deadline will prevent you from filing a lawsuit. Without this legal option in your toolbox, it may be more difficult to secure a financial recovery.
Similarly, if you wait too long, you risk jeopardizing the evidence-gathering process. This process isn’t only time-consuming; it also relies on the memories of those involved in your accident, which can degrade as the months go by.
Start Working With a Catastrophic Injury Lawyer Serving Irving Today
Let’s talk. We’re prepared to hear about the details of your case. We will evaluate your case for free. We believe you deserve legal representation and a fair settlement.
Call our offices to get started and learn how a catastrophic injury lawyer serving Irving can help you.