Mansfield Catastrophic Injury Lawyer
A catastrophic injury can have long-term consequences and can affect all areas on of individual’s life. These type of injuries are often permanent and can be costly for a family. As you heal from your injuries and try to move forward, the last thing you should have to worry about is how you are going to pay for your medical expenses and other finances. Under Texas law, victims of catastrophic injuries have the right to seek compensation.
A skilled Mansfield catastrophic injury lawyer can work with you and your family to file a claim against those responsible for your injuries. A qualified personal injury attorney knows the law, how to collect the relevant facts, and the process for submitting a valid claim. They will fight for your rights each step of the way.
Primary Types of Catastrophic Injuries
Catastrophic injuries are severe and may leave an individual disfigured or disabled. These type of injuries can significantly affect a person’s life going forward. The most common types of catastrophic injuries include severe burn injuries, paralysis, spinal cord injuries, and traumatic brain injuries (TBI).
Process for Bringing a Claim
Texas catastrophic injury law is based on the concept of negligence, when someone with a duty to do so, fails to act with a level of care that a reasonable person would have used under similar circumstances. In some instances, a person may be the victim of an intentional act, such as assault and battery. If a person suffers catastrophic injuries as a result of someone’s negligence or deliberate actions, they have the ability to bring a claim for compensation against the responsible party and their insurance company.
Potentially liable parties include the negligent party in a car or equipment accident, manufacturers, employers, medical professionals and hospitals, and local governments.
What Does a Plaintiff Need to Prove?
In a catastrophic injury claim in Texas, a plaintiff generally must show:
- Duty of Care – The defendant owed them a duty of care, typically based on their relationship and the actions involved
- Breach of Duty – The defendant’s actions breached that duty of care
- Causation – The defendant’s actions caused the plaintiff’s injuries – not just actual cause, but proximate (legal) cause
- Damages – There are damages from their injuries
Determining whether there is a valid claim is a complicated and time-intensive process. An experienced Mansfield catastrophic injury attorney can be a vital resource throughout the process.
Texas Shared Fault Rule
The State of Texas follows the theory of modified comparative fault. This means the injured party could be held partially liable for their injury and their accident. The courts will assign each party a percentage of fault. The injured claimant’s compensation award will be reduce by their share of liability. Additionally, if the injured party is determined to be more than 51 percent at fault, they may be unable to recover compensation.
Filing Deadline For Catastrophic Injury Claims
Those who have been injured in an accident due to the reckless actions of another must abide by the statute of limitations. Pursuant to Texas Civil Practice and Remedies Code § 16.003, a catastrophic injury claim must be filed within two years following the incident that caused the injury.
Recovering Compensation For Damages
Catastrophic injury victims in Texas can seek compensation for both economic and non-economic damages, including:
- Medical bills
- Lost wages or bonuses
- Pain and suffering
- Emotional distress and mental anguish
- Loss of companionship
A knowledgeable attorney in Mansfield experienced in catastrophic injury claims could investigate the cause of the accident and calculate the injured claimant’s damages.
Consult with a Mansfield Catastrophic Injury Attorney Today
If you suffered a catastrophic injury due to someone’s actions or inaction, you have the right to seek compensation. A high-caliber Mansfield catastrophic injury lawyer is on your side and can help you submit a claim for compensation from the responsible parties and their insurance companies. Schedule a consultation today to discuss your case – you do not have time to waste.