Fort Worth Catastrophic Injury Lawyer
Most personal injuries are temporary and do not have lasting effects, but other injuries are more severe and may never fully heal.
However, there is a class of personal harm that have a permanent effect on someone’s life known as catastrophic injuries. These are injuries that require constant medical care and leave someone unable to continue performing their daily activities. Even so, if you have suffered serious losses, compensation is not automatic. You must prove that another party’s actions were responsible for your damages.
A Fort Worth catastrophic injury lawyer may be able to help you to prove that case. An experienced personal injury attorney could help to establish the value of your case based on its permanent effect upon your life. They could then work to gather the evidence needed to demonstrate defendant negligence and to make a demand for fair compensation. En Español.
What Makes an Injury Catastrophic?
Severe trauma has a permanent effect on a plaintiff’s life. However, the impact of the injury usually goes far beyond requiring medical care. This type of damage affects a person’s residual functionality and could include either a physical or mental disability.
Some common examples of severe injuries include:
- Compound bone fractures that affect the use of the impacted areas
- Burn injuries
- Knee damage
- Back or spinal trauma
- Traumatic brain injuries (TBI)
Catastrophic trauma will always have a profound impact on a plaintiff’s life. A claim for damages following these injuries must reflect that impact. An accomplished severe accident attorney Fort Worth could help people to fully press this issue in settlement talks and court.
What Types of Incidents Could Cause Serious Injuries?
Unfortunately, there are many scenarios that can lead to catastrophic damage. Examples of accidents that could lead to severe losses include car accidents, truck collisions, defective products, and instances of medical malpractice. Even something that seems as simple as a slip and fall can result in compound fractures or spinal cord damage.
A Fort Worth serious injury attorney could review the facts of the case to make the connection between an accident and the claimant’s losses.
Financial Recovery for Damages
A plaintiff’s injury being serious has nothing to do with whether a defendant is at-fault for an incident. In fact, the severity of an injury is no guarantee of payment for one’s losses. In cases like this, the plaintiff’s seasoned attorney in Fort Worth must prove that the defendant was negligent and that this negligence caused severe harm.
This includes proving that a defendant owed the plaintiff a duty to care for their well being and a failure to uphold this duty resulted in the injury. For example, all drivers on local roads assume a duty to protect all other people from harm. If an individual drives their car with careless or reckless abandon and causes an accident, they could be responsible to provide compensation for all damages ensued.
In catastrophic trauma cases, these damages are always substantial. People hurt in these cases always suffer life-changing losses that will require medical care for the foreseeable future. A claim will demand payments for all necessary medical care. However, in addition, a severe injury may cause a plaintiff to lose earnings both now and in the future. A case must demand reimbursement for these economic losses. But be sure to act quickly because Texas Civil Practice & Remedies Code §16.003 gives claimants as few as two years from the date of accident to pursue a claim.
Finally, people could also suffer from mental anguish and loss of quality of life. A Fort Worth accident lawyer could help to evaluate a plaintiff’s catastrophic damages and to demand proper payments from negligent defendants.
Comparative Negligence in Catastrophic Accident Cases
Every plaintiff in this type of claim bears the burden of proving that a defendant was at fault for the incident. In many situations, the defendant may also argue that a plaintiff contributed to the cause of the injury.
According to Tex. Civ. Prac. & Rem. Code §33.003, the jury in a claim for damages must assess the actions of all parties in an accident to assign blame. If that jury believes the plaintiff to carry fault for the accident, 25 percent for example, the jury will reduce the award by that percentage. If the claimant is found to be more than 50 percent at fault, the hurt party may be unable to recover compensation for damages. A Fort Worth severe injury attorney could help to protect claims from allegations of comparative negligence.
Seek Help from a Fort Worth Catastrophic Injury Attorney Today
Severe injuries will have a permanent effect on your life. These are losses that will never fully heal and will require medical attention for the foreseeable future. However, the losses go far beyond physical injuries. Most people who endure serious injuries will also lose out on significant income and endure intense mental anguish. Even so, defendants who cause these losses, even by accident, carry an obligation to make you whole again.
A Fort Worth catastrophic injury lawyer could help you to pursue your claim. This includes gathering evidence needed to demonstrate defendant fault, to leverage that evidence to form persuasive demand packages, and even to take the case to court. Schedule a consultation today to learn about your legal options for compensation.