Catastrophic injuries can permanently impair how you function physically and mentally. Simple daily activities like walking may become a challenge after a devastating accident.
A catastrophic injury lawyer in The Woodlands could help you fight for the compensation you need to support your recovery. Call now to learn how an injury attorney could help guide you through your case.
What is a Catastrophic Injury?
Many minor injuries sustained during accidents do not leave long-term damage. Victims of catastrophic injuries, however, can suffer permanent physical or cognitive impairment that leaves them unable to work or take care of themselves.
Several types of accidents can cause catastrophic injuries, such as:
- Slip and falls
- Sports accidents
- Car crashes
- Violent crimes involving guns or knives
- Blunt force to the head
- Trauma to the neck or back
These incidents can lead to a wide range of injuries including:
- Loss of a limb
- Loss of any of the five senses: sight, smell, taste, hearing, touch
- Second or third-degree burns with permanent scarring
- Damage to internal organs
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Varying degrees of paralysis
A local personal injury attorney experienced in handling catastrophic trauma cases could review the facts of a victim’s accident to build a strong claim.
Negligence Under Texas Law
In Texas, there are three factors involved in proving negligence in a personal injury suit. In order to seek financial compensation, the plaintiff must show that:
- The defendant had a duty to act reasonably toward them
- The defendant failed to act reasonably
- The defendant’s actions caused their injuries
Under the modified comparative negligence rule, victims cannot collect damages if they are more than 50 percent at fault for an accident. If a plaintiff is partially responsible for the accident, their damages reward will be reduced by a percentage proportionate to their fault. For example, a victim who is 30% responsible for their own injuries can collect only 70% of their total damages. An attorney in the area could explain how comparative negligence applies to a particular catastrophic injury case.
Time Limit for Filing a Catastrophic Injury Claim
The statute of limitations is the amount of time the state gives a plaintiff to file a lawsuit. For personal injury claims, including catastrophic injuries, injured parties have must file a suit within two years of the accident.
If a plaintiff is injured due to the negligence of a Texas government employee or a government entity, however, the procedure for filing a lawsuit is different. According to Texas Civil Practice and Remedies Code Chapter 101, a plaintiff must file suit within six months of the accident.
Reach Out to a Catastrophic Injury Attorney in The Woodlands
Victims facing devastating injuries and expensive medical bills after an accident should not have to navigate a complex legal case alone. Let an experienced attorney in your community help you fight for the monetary compensation you deserve.
Call now to speak with a catastrophic injury attorney from The Woodlands about your claim. Your consultation is free.