Fort Worth Catastrophic Injury Lawyer
Most personal injuries are temporary and do not have lasting effects. A moment in time does inflict a severe injury, but you eventually make a full recovery. Other injuries are more severe and may never fully heal.
However, there is a class of personal harms that have a permanent effect on a victim’s life known as catastrophic injuries. These are injuries that will require constant medical care and those that will leave a victim unable to continue performing their daily activities. Even so, if you have suffered a catastrophic injury, compensation is not automatic. You still must prove that another party’s actions were responsible for your losses.
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?
A catastrophic injury is one that has a permanent effect on a plaintiff’s life. However, the impact of the injury usually goes far beyond requiring medical care. A catastrophic injury always affects a person’s residual functionality. This 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
- Traumatic brain injuries
- Severe joint injuries that may require replacements
- Third-degree burns that cover large areas of the body
A catastrophic injury will always have a profound impact on a plaintiff’s life. A claim for damages following these injuries must reflect that impact. A Fort Worth catastrophic injury lawyer could help people to fully press this issue in settlement talks and court.
What Types of Incidents Could Cause Catastrophic Injuries?
Unfortunately, there are many scenarios that can lead to a catastrophic injury. Examples of accidents that could lead to catastrophic injuries 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 injuries.
A Fort Worth catastrophic injury attorney could review the facts of the case to make the connection between an accident and the claimants injuries.
Financial Recovery for Damages
Whether a plaintiff’s injury is catastrophic 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 catastrophic injury cases, as with all personal injury claims, the plaintiff’s seasoned attorney must prove that the defendant was negligent and that this negligence caused an injury.
This includes proving that a defendant owed the plaintiff a duty to care for their wellbeing and a failure to uphold this duty resulted in the injury. For example, all drivers on Fort Worth’s 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 injury cases, these damages are always substantial. Victims in these cases always suffer life-changing injuries that will require medical care for the foreseeable future. A claim will demand payments for all necessary medical care. However, in addition, a catastrophic injury may cause a plaintiff to lose earnings both now and in the future. A case must demand reimbursement for these economic losses. Finally, victims of catastrophic injuries could also suffer from mental anguish and loss of quality of life. A Fort Worth catastrophic injury lawyer could help to evaluate a plaintiff’s damages and to demand proper payments from negligent defendants.
Comparative Negligence in Catastrophic Injury Cases
Every plaintiff in a catastrophic injury claim still 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 Texas Civil Practice & Remedies 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 injured party may be unable to recover compensation for damages. A Fort Worth catastrophic injury attorney could help to protect claims from allegations of comparative negligence.
Seek Help from a Fort Worth Catastrophic Injury Lawyer Today
Catastrophic injuries are any injuries that 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 catastrophic injuries will also lose out on significant income and endure intense mental anguish. Even so, defendants who cause these injuries, 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. But be sure to act quickly. Tex. Civ. Prac. & Rem. Code §16.003 gives you as few as two years from the date of injury to pursue a claim. Schedule a consultation today to learn about your legal options for compensation.