Accident Attorney » Personal Injury » Catastrophic Injury

Get a Catastrophic Injury Lawyer For You and Your Family

An injury is deemed to be catastrophic when it causes an individual to experience permanent, life-altering impairment. Though minor injuries can lead to meaningful pain, lost wages, and medical bills, the physical, emotional, and financial outcomes of catastrophic injuries often last for years, if not for the rest of a person’s life. To heal a catastrophically injured person must receive adequate and fitting medical care, treatment, and rehabilitation in addition to payment for pain and suffering, losses, and numerous damages, a Texas, Louisiana, and Florida catastrophic injury lawyer will collect evidence, witness testimony, and medical documents to assure that negligent parties are held accountable.

Types of Catastrophic Injury

Being caught up in an accident that causes an injury is never easy. Unfortunately, a catastrophic injury accident presents numerous long-term challenges.

Some of the most commonly encountered catastrophic injuries include the following:

  • Loss of Limb – While limb loss can result from trauma, cancer, infection, diabetes, or vascular disease, trauma is generally the major cause. The loss of a limb can cause tremendous emotional suffering as well as limitations on one’s mobility and personal care.
  • Neurological Disorder – Abnormalities on a structural, biochemical, or electrical level within the brain, spinal cord, and nerves leading to or from them, may be considered a neurological disorder. Some traditional types are seizures, lack of coordination, paralysis, muscle weakness, sensation loss, confusion, and distorted levels of consciousness.
  • Traumatic Brain Injury (TBI) – A simple jolt, blow, or bump to the head can create a mild or severe brain injury. A catastrophic brain trauma can lead to behavior changes, mood changes, different personality characteristics, amnesia, and long periods of unconsciousness. Movement of the brain within the human skull or a penetration of the brain brought about by an object entering the skull results in what is known as a closed brain injury.
  • Spinal Cord Injury – Usually resulting from immediate injury to the cord itself or indirectly from injury to tissues, bones, or blood vessels. Spinal cord injuries alter the functions of other body parts and systems.
  • Burn Injury – Normally caused by heat from sources such as dangerous products, fires, chemicals, electricity, or radiation.

The vast majority of burns damage the skin, but other types of burns are capable of causing severe damage to blood vessels, organs, muscle and even bones. Grave catastrophic burn injuries result in disfigurement, scars, infections, amputation, and respiratory distress.

Causes of Catastrophic Injury

The list of catastrophic injuries mentioned above are commonly the results of motor vehicle accidents, including car accidents, truck accidents, motorcycle accidents, pedestrian mishaps, and bicycle crashes; slip and fall accidents; industrial accidents; and other causes ranging from sports injuries to batteries.

In many of these types of incidents negligence of another person or group is to blame. Thus, a catastrophic injury victim has legal rights and should pursue justice to safeguard the community and to receive compensation from those responsible for the damage they have caused.

What Types of Compensation Can I Seek For My Catastrophic Injuries?

One of the most daunting things regarding an injury is not knowing how you or your family will make money to make ends meet and pay bills. If you’re experiencing hurt from a catastrophic injury, then it’s likely you will miss work, and it is also likely that medical expenses will only continue to pile up. Luckily, you may be entitled to compensation if someone else was at fault for your injury. Each case is different and presents unique sets of circumstances; therefore, restitution depends on some factors and having a catastrophic injury lawyer by your side greatly increases yours chances of recovery.

There are two types of damages that are sought in a catastrophic injury case – compensatory damages and punitive damages. Compensatory damages are put in place as a means to compensate an injured party for certain expenses and is the most basic kind of financial award in injury cases.

Compensatory compensation ordinarily includes:

  • Loss of future wages
  • Loss of quality of life
  • Current medical bills
  • Past medical bills
  • Future medical bills
  • Lost earnings
  • Pain and suffering
  • Costs of assisted living

Punitive damages are mostly reserved for serious cases, like those involving catastrophic injury. Punitive damages are put in place to punish the wrongdoer for their negligence that caused the devastating injuries. Punitive damage awards have numerous supplementary legal issues and are based on what the court deems as fair and just balanced against constitutional constraints and also state laws (Louisiana punitive damages are expressly set out by statute and are limited)

Do I Have a Valid Case?

Yes, if you can demonstrate and prove that your injuries were the direct cause of another’s negligent or reckless behavior. To absolutely know if you have a valid case you should seek legal counsel. An attorney will help you in reviewing all aspects of your case and ensure that you are resting and recuperating from your injury or the stress caused by the situation.

What Happens if I Share Some of the Responsibility For My Injury?

It depends on what state you live in. Florida and Louisiana are pure comparative negligence states, meaning, even if you were 51% or more at fault, you are still entitled to compensation for the injuries you sustained. Whereas Texas is a modified comparative state, meaning, if you were 51% or more at fault for your injuries, then you are not entitled to recover for damages. Thus, it varies not only by state law but also in how a jury views the actions or inactions of the parties to the suit. Regardless, even if your injuries were not 100 percent the fault of another, it is more likely than not that you will still be entitled to receive restitution.

What Do I Do When The Insurance Company Has Agreed to Settle?

It’s not entirely uncommon for an insurance company of an at-fault party to try and attempt to resolve a catastrophic injury claim as quickly as possible to avoid the courtroom and avoid you from hiring a catastrophic injury lawyer. It’s a safe bet to speak with an experienced and knowledgeable lawyer before making any decisions to settle so as to ensure you are not being cheated out of a settlement that you deserve as a result of your injuries.

Do I Need Legal Representation?

Technically legal representation is not required should you pursue compensation on your own. You have a right to represent yourself. Nonetheless, catastrophic injury cases are complicated and are heavily defended against because so much is at stake. Therefore, whether you decide to allow the Testa Law Group or another firm to represent you in your matter, it is best to have a knowledgeable catastrophic injury lawyer on your side to advise you of your options and help you through the legal complexities surrounding your case.

Helping You Obtain Proper Compensation for a Catastrophic Injury in Texas, Louisiana, and Florida

At the Testa Law Group, our catastrophic injury lawyers in Texas, Louisiana, and Florida go above and beyond to aid our clients in their time of need after suffering debilitating injuries due to another’s negligent or reckless behavior. We work to obtain maximum compensation on your behalf. Call our firm at (877) 780-9052 for a free consultation with a catastrophic injury lawyer to discover more about how we may be of assistance.

About The Author

Mr. Testa a Personal Injury Lawyer with a national practice who represents members of our society who have been seriously injured or killed due to the irresponsible acts of an individual or company. He is licensed to practice law in Texas, Louisiana, and Florida and admitted to practice in the Southern District of Texas and also in the United States Court of International Trade.