Catastrophic injuries are some of the most serious and life-changing injuries that can happen to a person. If you have suffered from such devastating injury due to another party’s negligence or misconduct, you may entitled to compensation for your damages, such as medical bills or loss of income.

The Texas catastrophic injury attorneys at Kirkendall Dwyer LLP understand the physical, emotional, and financial toll that such injuries can take. We are committed to advocating for and restoring justice on behalf of our clients. If you or a loved one has suffered a catastrophic injury, you may reach out to us today for a free and confidential legal consultation.

What is a Catastrophic Injury?

A catastrophic injury is any type of personal injury that is so severe that it can permanently alter the quality of life for the injured person, such as paralysis or brain damage. These injuries can occur in a wide range of ways including car accidents, consumption or use of dangerous drugs or products, or fatal slips and falls. According to the National Safety Council, over 250,000 Texans died from preventable injuries in the year 2020.

Since catastrophic injuries are serious and complex, it is advisable to consult with a Texas catastrophic injury attorney. An experienced and skilled lawyer would be able to guide you on how to gather evidence and file a lawsuit so you may have a higher chance of receiving adequate compensation for the damages suffered.

Types of Catastrophic Injuries in Texas

A catastrophic injury is one that causes the victim significant and long-term impairment or leaves them completely unable to work. It may take years or even decades to recover from such painful and long-lasting injuries if the victim is able to recover at all. Common types of catastrophic injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Quadriplegia and other types of paralysis
• Amputations
• Loss of bodily functions such as sight, hearing, speech, smell, taste, and touch
• Organ failure
• Severe burns or scarring

What Damages are Available in a Texas Catastrophic Injury Lawsuit?

By filing a catastrophic injury claim, you may pursue compensation for damages, such as:

• Medical costs relating to the injury, including the cost of future care
• Loss of income due to time away from work
• Loss of earning capacity due to the severity of the injury
• Pain and suffering
• Mental anguish and emotional distress
• Loss of consortium
• Scarring and disfigurement

Who Can Be Held Liable For Texas Catastrophic Injury?

Liability in a Texas catastrophic injury case will depend on the facts and circumstances of the accident that caused the injury. The following parties are commonly held liable in catastrophic injury lawsuits in Texas:

• The party that caused the accident, e.g. drunk drivers, negligent homeowners, etc.
• The property owner of the location where the accident occurred
• The party responsible for maintaining or repairing the vehicle causing the injury (such as for car accidents) or the premises where the injury occurred
• The manufacturer or distributor of a product that caused the injury

How May I Prove Liability For My Catastrophic Injury?

In order to prove liability in a catastrophic injury lawsuit, your personal injury lawyer will have to prove the legal element of ‘negligence’ in order to show how duty of care was breached in your situation:

• The defendant owed the plaintiff a legal duty of care: An example of this would be drivers owing a duty of care to other drivers and passengers to drive safely on roads
• The defendant breached the legal duty of care: In the example of a car accident, a breach would occur if the defendant drove while drunk or distracted
• The defendant’s breach of duty of care led to the plaintiff’s injuries: This is referred to as causation, i.e. the defendant’s actions materially contributed to the injury
• The plaintiff incurred financial damages as a result of the defendant’s breach of duty

A catastrophic injury may also result from the breach of duty of care by one or more defendants, such as two negligent drivers in different vehicles, or a vehicle owner and the driver who caused the accident. A Texas personal injury attorney will be able to identify the potential liability of each of the co-defendants to help you reach the maximum possible compensation in court.

What Evidence is Needed to Support a Catastrophic Injury Case?

If you or a loved one suffered a catastrophic injury and are considering filing a personal injury claim, it is important to keep any and all evidence relating to the accident. Types of evidence commonly used in catastrophic injury lawsuits are:

• Medical records
• Medical bills
• Diagnosis
• Police reports
• Medical testimony
• Expert testimony
• Insurance company communications

How Much is My Catastrophic Injury Case Worth?

The amount of compensation you may be entitled to after an injury depends on the severity of your injury, the circumstances of the accident, and the quality of life you will have going forward. To be compensated appropriately for your injuries, you need to know how much they will affect you over the course of your life. In order to determine what is a fair amount of compensation for your injuries, you may speak with a Texas personal injury attorney who is experienced in catastrophic injury cases.

How Can A Catastrophic Injury Lawyer Help Me?

When you have suffered a catastrophic injury, the last thing you want is to be fighting with an insurance company about your medical bills. You need an advocate who will fight for your rights and for the compensation you need to improve your quality of life after sustaining devastating injuries. A Texas catastrophic injury lawyer will be able to assist you through the legal process by:

• Thoroughly investigating your claim and determining the maximum possible compensation
• Gathering evidence regarding the accident and the injuries suffered
• Determining all of the parties who may be liable for your injuries
• Negotiating with insurance companies and opposing counsel on your behalf
• Presenting arguments and evidence to provide you with the best possible compensation
• If necessary, litigating your case in court if a favorable settlement cannot be reached through negotiations alone

Contact a Texas Catastrophic Injury Attorney

After a catastrophic injury, you and your family may be facing a grueling recovery process, along with major financial hardships due to accumulating medical bills and loss of income. The catastrophic injury attorneys of Kirkendall Dwyer LLP are dedicated to fighting for those who have been injured due to the actions of someone else. We have recovered millions of dollars on behalf of clients who sustained catastrophic injuries, including a $3.625 million settlement for a client who suffered an amputation due to workplace injury.

If you or a loved one has sustained a catastrophic or life-changing injury, contact our Texas catastrophic injury lawyers today for a free legal consultation.