A catastrophic injury can drastically and permanently change all parts of an individual’s everyday life. In addition to the physical and emotional hardships, families are often left with financial burdens due to mounting medical bills and lost wages. Under Texas law, you may be able to seek compensation that will help you get your life back on the right track.
An experienced Grapevine catastrophic injury lawyer can analyze your case and can support you throughout the process of seeking damages from the responsible party and their insurer. A local personal injury lawyer can be an important resource for you to understand what happened, who caused your injuries, and who should be held accountable, and they understand the complex legal process involved.
What are Catastrophic Injuries?
Catastrophic injuries refer to severe injuries such as burn injuries, paralysis, spinal cord injuries, and traumatic brain injuries (TBI). These types of harm are often permanent and may necessitate long-term medical care.
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What Compensation Is Available for a Catastrophic Injury?
Catastrophic injuries almost always come with significant financial and emotional hardships. Under Texas law, the injured plaintiff can seek compensation for damages, including:
- Medical and rehabilitation costs
- Expenses to modify home or vehicle
- Lost wages
- Reduced future earning capacity
- Loss of enjoyment of life
- Mental anguish
- Emotional distress
- Pain, and suffering
- Loss of companionship
A local attorney could negotiate for on behalf of the injured claimant to help them get the money they need.
Grapevine Catastrophic Injury Lawyer Near Me (817) 775-5364
Understanding Negligence and Liability
Most catastrophic injury claims in the State of Texas are based on negligence. To prove negligence, the injured claimant’s attorney must prove four elements. This includes the defendant owed them a duty of care and they breached that duty. The local lawyer must also prove that the breach not only caused the plaintiff’s injuries, in fact, but that the breach was the proximate cause of the accident. Additionally, the plaintiff’s attorney must show there are actual damages from their injuries.
In other words, if a person who has a duty to another person to act in a reasonable way breaches that duty and causes the injuries, the person who was negligent may be liable. A person may also bring a claim for damages as a result of intentional acts.
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Who is At-Fault for an Accident?
In many cases, the responsible party is the other individual in the incident, for example, the other person in a car crash or skiing collision or other activity where one person causes another’s injuries.
However, there may be other parties who should be held responsible and who may not be as obvious. For instance, if an employee caused a person’s injuries, the employer could be held liable, or if the injuries were caused by a defective product or dangerous environment, a company or government who made the product or let the environment exist could be held liable.
Additionally, Texas has a shared fault rule in which the injured party may bear some responsibility for an accident. The other party is only responsible for their share of liability. If the injured party is 51 percent or more at fault, they may not be eligible to seek compensation from the other party. A local catastrophic injury attorney could analyze the facts to determine who is at fault for damages.
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The Filing Deadline in Grapevine
There is a deadline to file a personal injury claim in Texas. Per Texas Civil Practice and Remedies Codes §16.003 requires that the claim be brought within two years after the date of the accident. If the claim is not filed within the statute of limitations, the injured party may be unable to recover compensation for damages.
Reach Out Today for a Consultation with a Grapevine Catastrophic Injury Attorney
If you have a catastrophic injury that someone else caused, you may have the right to seek compensation from the responsible party. An experienced Grapevine catastrophic injury lawyer can help you every step of the way to file your claim. Call today to learn more about how a local attorney could help your case.
Call (817) 775-5364 or complete a Free Case Evaluation form