Call for a Free Consultation 361-882-8822
English   Spanish
The Burkett Law Firm Blog

When Is a Personal Injury Considered “Catastrophic” 

When Is a Personal Injury Considered "Catastrophic" 

Personal injury accidents in Texas can significantly impact the lives of those involved. From physical injuries to emotional trauma, the effects can be devastating.

Victims may face medical bills, lost wages, and a long road to recovery. Families may also suffer from the loss of a loved one.

In addition, navigating the legal process can be overwhelming and complex. It is important to seek the guidance of an experienced personal injury lawyer to ensure that your rights are protected and you receive fair compensation.

What Is a Catastrophic Injury?

In Texas, a catastrophic personal injury severely impacts the victim’s life, often resulting in long-term or permanent disabilities. It may include spinal cord injuries, traumatic brain injuries, severe burns, amputations, and organ damage.

These injuries can significantly affect the victim’s ability to perform daily activities, work, and enjoy life. Catastrophic injuries may require ongoing medical treatment, rehabilitation, and care, resulting in significant medical expenses and lost wages.

Common Causes of Catastrophic Injuries

There are many causes of catastrophic injuries in Corpus Christi, Texas, including:

  • Car accidents: Collisions can result in traumatic brain injuries, spinal cord injuries, and other serious injuries.
  • Truck accidents: Commercial truck accidents can result in catastrophic injuries due to the size and weight of the vehicles involved.
  • Construction accidents: Workers in the construction industry are at risk of severe injuries from falls, electrocutions, and being struck by heavy equipment.
  • Medical malpractice: Medical errors can lead to catastrophic injuries, including surgical errors, misdiagnosis, and medication errors.
  • Defective products: Products that are defective or dangerous can cause serious injuries, such as burns, amputations, and brain injuries.
  • Workplace accidents: Workers in all industries may be at risk of catastrophic injuries from explosions, fires, and falls.
  • Sports injuries: High-impact sports such as football, hockey, and soccer can result in severe injuries such as traumatic brain and spinal cord injuries.

If you or a loved one has suffered a catastrophic injury due to someone else’s negligence, it is important to seek the guidance of a personal injury attorney to help you pursue compensation for your damages.

How to Prove You Experienced a Catastrophic Injury

Proving a catastrophic injury in a personal injury case can be complex and may require the help of medical experts and attorneys. Here are some of the ways that a catastrophic injury can be proven:

  • Medical records: Medical records from hospitals, doctors, and rehabilitation facilities can provide evidence of the nature and extent of the injuries sustained by the victim.
  • Expert testimony: Expert medical witnesses can provide testimony regarding the severity of the injuries and the long-term effects they may have on the victim’s life.
  • Life care plans: Life care plans created by medical and financial experts can outline the ongoing medical treatment, rehabilitation, and support that will be needed as a result of the catastrophic injury.
  • Witness statements: Statements from witnesses to the accident or those who have observed the victim’s injuries and their impact on their life can also provide evidence of the severity of the injuries.
  • Economic damages: The economic damages resulting from the catastrophic injury, such as medical bills, lost wages, and decreased earning capacity, can also help to prove the severity of the injury.

It is important to work with an personal injury attorney who can help gather the necessary evidence and build a strong case to pursue compensation for the victim’s damages.

Damages You Can Recover After a Catastrophic Injury in Texas

Victims of catastrophic injuries in Texas may be entitled to recover various types of damages, including:

  • Medical expenses: This includes the cost of medical treatment, surgeries, hospital stays, and ongoing care related to the injury.
  • Lost income: Victims may be able to recover compensation for lost wages and income, both past, and future, due to the impact of the injury on their ability to work.
  • Pain and suffering: This includes physical pain and emotional distress caused by the injury and its effects on the victim’s life.
  • Loss of enjoyment of life: Victims may be able to recover damages for the loss of enjoyment of life resulting from the injury, such as the inability to participate in activities they enjoyed before the accident.
  • Loss of consortium: This includes damages for the impact the injury has had on the victim’s relationship with their spouse or partner.
  • Punitive damages: In cases where the injury was caused by the reckless or intentional conduct of the responsible party, victims may be entitled to punitive damages designed to punish the wrongdoer.

Damage Caps in Texas

Texas has limits, or “caps,” on certain types of damages in personal injury cases. Here are the types of damages and their respective caps in Texas:

  • Non-economic damages: This includes damages for pain and suffering, mental anguish, and loss of consortium. In Texas, the cap on non-economic damages is $250,000 per defendant and $500,000 total in cases involving multiple defendants.
  • Punitive damages: In cases where the injury was caused by the intentional or grossly negligent conduct of the responsible party, victims may be entitled to punitive damages. In Texas, the cap on punitive damages is the greater of $200,000 or twice the economic damages plus non-economic damages up to $750,000.

It’s important to note that these caps apply only to certain types of damages and not all personal injury cases are subject to them. Additionally, there are exceptions and circumstances where the caps may not apply.

Contact The Burkett Law Firm, for Help with Your Accident Claim

Suffering a personal injury due to someone else’s negligence can be a life-changing event. It’s essential to protect your rights and pursue the compensation you deserve. At The Burkett Law Firm, our knowledgeable personal injury attorneys are dedicated to helping accident victims in Texas get the justice and compensation they deserve.

We provide compassionate, personalized representation and work tirelessly to hold negligent parties accountable for their actions. Contact us today to schedule a consultation and learn how we can help you with your accident claim. Our team is ready to fight for you and help you get the justice and compensation you deserve.


Related Blogs