Catastrophic Injury in Cypress, TX: Protecting Your Future When an Accident Destroys Your Life

Catastrophic Injury in Cypress, TX: Protecting Your Future When an Accident Destroys Your Life

Personal injury law in Texas can help you maximize the amount of compensation for catastrophic injuries you receive after a serious accident. Catastrophic injuries can change a person’s life in an instant, the result of accidents like car crashes, work accidents, medical mistakes, dangerous drugs, or consumer products that go wrong in some way. In a catastrophic injury case, the injured party ends up with some sort of disability which is permanent or long-lasting and changes his or her life forever, requiring additional medical treatment and leading to an inability to work or live as one did before the injury occurred. Cypress, Texas and the rest of Northwest Harris County are no exception, and Texas law gives victims of catastrophic accidents the opportunity to file a lawsuit in order to receive the compensation they need in order to live and be as secure as possible in the future.

The complexity and seriousness of a catastrophic injury case cannot be overstated. In an accident case involving a catastrophic injury, the amount of money at stake could potentially have to last for the rest of the injured party’s life. In addition to medical bills and immediate costs that would need to be covered in an ordinary injury, the compensation in a catastrophic injury case will need to account for lost wages and an ability to work, a decline in the quality of life, and all the negative side effects that result from such an injury. There is no simple magic formula for winning the maximum amount in every case, but Texas has specific laws that are important for every victim of catastrophic injury to understand.

Types of Compensation Available in a Texas Catastrophic Injury Lawsuit

Texas law allows an injured person to seek two kinds of compensation for a catastrophic injury in a personal injury lawsuit. These two types of damages are “economic damages” and “non-economic damages.”

Economic Damages: 

These are damages that have a calculable value that can be stated in specific dollar amounts. They are tangible, concrete financial losses caused by the accident and the catastrophic injury that resulted from it. While economic damages are almost always present in a catastrophic injury case, they are usually high enough that expert witnesses and calculations are needed to determine what they will total in the present and future. 

Economic damages that are recoverable include:

Past and future medical expenses: 

Ongoing care like surgeries and physical therapy in the future, medication, specialized medical equipment, and home care and assistance for the remainder of the person’s life.

Lost Wages and Lost Earning Capacity: 

Not only do you deserve to be paid for wages lost up until the time of your injury and accident, but also for the wages you are expected to lose in the future due to your injury.

Non-Economic Damages: 

Non-economic damages are less concrete and less tangible in nature, but are often the most significant side effect of a catastrophic injury. The following are non-economic damages which you can seek compensation for under Texas law:

Pain and Suffering: 

Physical and emotional distress caused by your injuries both in the past and in the future.

Mental Anguish: 

Anxiety, depression, PTSD and other emotional conditions that can arise from catastrophic injuries and permanent disabilities.

Physical Impairment and Disfigurement: 

Disabilities caused by the injury and scarring, disfigurement, and other cosmetic changes that may result from a catastrophic injury.

Loss of Consortium: 

In some cases, compensation can also be available for spouses for loss of affection and companionship.

Unlike in some states, Texas law does not place a cap or maximum limit on non-economic damages that can be recovered in most personal injury cases. This is especially important for people who have suffered catastrophic injuries that completely change the way they live and their quality of life.

Proving the defendant was negligent and arguing against comparative fault

In order to win a Texas catastrophic injury case, your attorney will have to prove to a judge or jury that the other party was negligent in some way which caused the accident that led to the catastrophic injury. To do so, the lawyer will need to present evidence that proves all four elements of negligence under Texas law. These four elements are Duty of Care, Breach of Duty, Causation, and Damages.Texas also follows the modified comparative fault rule. If it can be proven that the injured party was partially at fault for the accident which caused their injuries, then the total amount of the compensation will be reduced by the percentage of fault the jury finds that the plaintiff is responsible for. If the plaintiff’s fault is found to be greater than 50%, then they are not entitled to receive any compensation from the other party at all. Insurance companies will often try to blame the injured party for the accident to reduce their liability. In order to protect you from these tactics, your lawyer will need to do their own investigation of the accident.

Statute of Limitations for catastrophic injury cases in Texas

For most catastrophic injury cases, you have two years from the date of injury to file a lawsuit in Texas. This is called the Statute of Limitations. If the deadline is missed, with only very rare exceptions, the plaintiff loses his or her right to sue and his or her case is automatically dismissed, without any compensation ever being paid out.Filing and proving a catastrophic injury case is a long and difficult process. The amount of work required to properly go through the discovery process of the lawsuit, gather medical records, medical expert witnesses, and other forms of evidence and come up with a dollar figure for future damages can be overwhelming and is better to be started as soon as possible. 

Do not hesitate in filing a lawsuit.

The Law Office of Shaw Clifford wants to help you win your catastrophic injury case Harris County, Texas. An injury case that involves catastrophic injury can make the legal issues and strategy more difficult and complex. 

The team at Shaw Clifford Law, LLP understands the nuances of Texas personal injury law and will fight to get you the best possible outcome in order to protect your future and allow you to focus on the most important job of all, your recovery. Contact Shaw Clifford for your free consultation today.

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