Catastrophic Injuries: What You Need To Know
To those injured, any type of injury might be considered catastrophic. However, the term actually refers to those injuries that cause damage to the spinal cord, the brain or can include skull fractures, according to the American Medical Association. They may also cover certain other types of injuries in some cases, including burns and organ damage.
These types of injuries generally have a very long healing period. Unfortunately, those who suffer from a catastrophic injury may never fully recover, and they could require specialized care and treatment throughout their life. People who suffer from these injuries need to have proper legal representation. Kastl Law, P.C., is here to help clients throughout Texas.
Common Causes Of Injuries
These injuries can occur due to motor vehicle accidents, truck crashes, bicycle accidents, slip-and-fall accidents, workplace injuries, fires, sports injuries, falls from a height, defective products and more. If the catastrophic injury was caused by the negligence of someone else or because of a dangerous or defective product, filing a personal injury claim is very important. This is true whether the act was intentional or not. Those who cause these injuries need to be held responsible for the damage they’ve done.
People with catastrophic injuries may find that the things they once did and enjoyed during life are now impossible. They may be living in pain. This changes their social life, their family life and their outlook. Injured parties may not be able to go back to work, which decimates their finances. They might need continuing professional care and multiple reconstructive surgeries. You need compensation for your injuries, and you need to have the right help on your side to make sure you get that compensation.
What Constitutes A Catastrophic Injury In Texas?
Under Texas law, a catastrophic injury is defined as a severe physical or mental injury that has long-term or permanent effects on a person’s ability to lead an everyday life. These injuries often result in significant medical expenses, loss of income and a diminished quality of life.
As such, they often require extensive medical treatment, rehabilitation and long-term care, making them distinct from other types of personal injuries. The most common types of catastrophic injuries include:
- Traumatic brain Injuries (TBI): These injuries can result from violent impacts during car or truck accidents, leading to cognitive impairment, memory loss or emotional disturbances.
- Spinal cord injuries: Damage to the spinal cord may cause partial or complete paralysis, requiring lifelong medical treatment.
- Severe burns: Third-degree burns often lead to permanent scarring, disfigurement and the need for extensive surgeries.
- Amputations: The loss of a limb, whether due to an industrial accident or a vehicle collision, can dramatically affect a victim’s physical capabilities.
- Internal organ damage: Severe impacts from accidents can result in damage to vital organs, requiring emergency surgery and extended recovery periods.
No matter your case, our experienced attorney can help ensure that evidence is preserved, medical records are accurately documented and the claim reflects the full scope of your damages.
Legal Criteria For Catastrophic Injuries In Texas
Texas law considers the economic and noneconomic impacts of catastrophic injuries when determining compensation. These injuries can be classified based on the following characteristics:
- Loss of earning capacity: If the injury prevents one from returning to work or earning a comparable income.
- Permanent disability: Any injury that results in a long-term or lifelong inability to perform daily activities independently.
- Statutory guidance: In some cases, catastrophic injuries may be explicitly addressed in legal statutes or case precedents, shaping how damages are calculated.
Under the Texas Civil Practice and Remedies Code, catastrophic injuries often fall under the umbrella of “serious injuries” that justify enhanced compensation, such as punitive damages in extreme negligence cases.
Pursuing a claim involves establishing the negligence of the responsible party and demonstrating the long-term impact of the injury. Already, this sounds overwhelming without the proper legal knowledge of what qualifies as catastrophic and what is critical in pursuing compensation. That is why we are of the same opinion that victims deserve comprehensive legal representation that seeks financial compensation and supports their journey to recovery and renewed independence.
Seek Legal Help From Professionals; Call Today
If you or someone you love is working through the aftermath of a catastrophic injury, take the time to seek out an attorney who can help set things back on the right track in your life. While we can’t turn back the hands of time and stop the accident from happening, we can do everything in our power to make sure you receive compensation for the injuries. You can reach someone in one of our offices in Dallas, Fort Worth and El Paso by calling 214-427-6043 or filling out our contact form.