Catastrophic Injury Attorney in Dallas

If you were injured in an accident caused by someone else’s negligence, you must file a claim or personal injury lawsuit. This is especially important in catastrophic injury cases, as these severe injuries require extensive medical treatment, and the condition could impact your ability to work. A catastrophic injury attorney in Dallas can help.

For experience you can trust, contact a catastrophic injury attorney in Dallas at Ax Injury Law. Our Texas personal injury law firm is ready to explain your legal options and provide the legal representation necessary for you to receive a fair settlement.

Consulting a catastrophic injury lawyer can start your personal injury case today. Get a free consultation with our legal team. Contact us today at 844-344-HURT.

Recovering Compensation for Catastrophic Injuries

Personal injury victims who suffer from catastrophic injuries deserve to recover significant compensation. Catastrophic injuries usually require extensive treatment, and you shouldn’t have to pay out-of-pocket for medical expenses. Further, a person suffering from catastrophic injuries may not be able to return to their pre-injury occupation, reducing their future earnings and potentially devastating their finances.

To receive fair compensation, you’ll need the help of an experienced attorney to file a claim against the at-fault party who caused your personal injury. Catastrophic personal injury claims are designed to reimburse victims for financial losses. Usually, negligent parties pay claims through their insurance, but a liable party could be financially responsible if the insurance coverage isn’t sufficient.

The amount of compensation you can gain from the at-fault party will directly depend on your damages. Further, there are two main types of damages in injury cases. Firstly, a Dallas catastrophic injury claim should reimburse for out-of-pocket expenses and other financial losses.

These are known as economic damages and may include compensation for after being injured in an accident:

• Past and future medical bills
• Lost wages
• Reduced earning potential
• Property damage
• Medical devices
• Mental health treatment
• Additional out-of-pocket expenses caused by the accident

Aside from the costly medical bills and inconvenient ongoing medical care, a catastrophic injury can severely impact a person’s quality of life. An injured victim may have to live with chronic pain and new disabilities. Further, someone struggling with a catastrophic injury may not be able to perform daily activities, such as driving or even walking.

The sad reality is that those who suffer from catastrophic injuries often also struggle with mental and emotional injuries, including post-traumatic stress disorder, anxiety, depression, and fear. These severe afflictions can also impact a person’s social life and overall happiness.

Fortunately, you can seek compensation for these non-monetary losses through non-economic damages, including:

• Pain and suffering
• Emotional trauma
• Loss of consortium
• Scarring and disfigurement
• Permanent disability
• Loss of enjoyment of life

What Is Considered a Catastrophic Injury in Dallas?

It’s important to know the definition of a catastrophic injury as well as what afflictions may qualify as catastrophic injuries. This will be important for your personal injury claim because you need to know how much money to demand from the at-fault party or their insurance company. Most catastrophic injuries require years of ongoing care, and these life-altering injuries frequently prevent victims from working.

Catastrophic injuries are serious afflictions that permanently disable injured victims. Accident victims who struggle with catastrophic injuries continue suffering for their entire lives. Catastrophic injuries never heal entirely, though injury survivors can improve over time. Even with improvement, the catastrophic affliction will be a permanent injury. The serious injury must also be disabling to be considered a catastrophic injury.

Further, a catastrophic injury could impact a person’s vital bodily systems, such as spinal cord injuries causing partial or total paralysis. A person could also suffer from a catastrophic injury through an amputation, brain injury, or other serious injuries that have permanently disabling effects.

You should seek immediate medical attention if you suspect that you’ve suffered from a catastrophic injury.

Identifying whether or not an injury is catastrophic can sometimes be challenging. This is especially the case because insurance companies often purposefully undervalue catastrophic injury claims. Insurance companies frequently deny and undervalue claims to save money, so the liable insurance company could argue your injury is not catastrophic.

It’s best to consult with an experienced personal injury attorney to assess whether your injuries could be considered catastrophic. A personal injury attorney specializes in recovering damages for their clients, and they can use their expertise to determine the value of your catastrophic injury case.

Proving Liability in a Catastrophic Injury Claim

To recover compensation in your catastrophic injury case, you will need to prove that the defendant — the party you file against — was responsible for your injuries.

For example, suppose a pedestrian is struck by a male drunk driver at a crosswalk. The plaintiff — the party filing the claim — would need to prove the following elements of negligence to recoup compensation:

• Duty of Care: The defendant owed you a legal duty of care at the time of the injury. In our scenario, the drunk driver had a duty of care to others. He had a duty to operate their vehicle safely and follow all traffic laws. Ultimately, he had a duty to prevent harm.
• Breach of Duty: The defendant broke the aforementioned duty of care. He had a legal responsibility to follow the law and prevent harm. He breached his duty by drinking alcohol and failing to yield the right of way to the pedestrian.
• Causation: The defendant’s breach of duty caused the plaintiff to suffer harm. The drunk driver was directly responsible for the accident, as the pedestrian entered the road at a designated crosswalk.
• Damages: The plaintiff suffered damages as a direct result of the defendant’s actions. The drunk driver’s actions directly caused the victim’s catastrophic injuries, meaning he or his insurer is liable.

You will need to provide as much evidence as you can to prove the four elements of negligence. Common examples of evidence include:

• Photos and videos
• Surveillance footage
• Eyewitness statements
• Police reports
• Accident reconstruction experts
• Medical experts
• Medical records
• Employment records
• Personal diaries or journals
• Financial documents

Further, multiple parties could be liable for your injuries. It’s best to schedule a free consultation with an experienced catastrophic injury lawyer to identify all liable parties and discuss your legal options.

Modified Comparative Negligence in Catastrophic Injury Cases

Texas uses a modified comparative negligence rule, meaning that your percentage of liability will impact recovering damages. Your percentage of liability will directly reduce your settlement.

For instance, suppose you were struck by a drunk driver at an intersection. The intoxicated driver failed to stop at a red light, T-boning your vehicle and causing you to suffer from a brain injury. Unfortunately, you were driving seven miles over the speed limit at the time of the wreck. While the drunk driver is primarily at fault, you could be considered partially responsible for the accident and your serious injuries. Those overseeing your personal injury case may conclude that you could have seen the approaching vehicle and prevented the wreck if you had driven the speed limit. From there, you could bear a percentage of liability, such as 10% liable.

If you’re considered 10% liable, your total compensation will be 10% less than it would have been if the other driver was entirely at fault. For instance, perhaps you’re awarded $2 million because you suffered severe brain damage. Because you were considered 10% liable for the accident, your settlement amount will be $200,000 less, meaning your compensation will be $1.8 million.

Often, insurance companies blame victims for their injuries. They may falsely claim that an injured person was partially responsible for the accident. Insurance companies will do anything to avoid paying out claims, so it’s critical to consult with a Dallas personal injury lawyer.

Common Causes of Catastrophic Injuries

Numerous types of accidents can cause catastrophic injuries, and these incidents can disrupt your life in an instant. Here are some of the most common causes:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Slip-and-Fall Accidents
• Deliberate Acts of Violence
• Defective Products
• Recreational Accidents
• Sports Accidents

Common Types of Injuries

As we’ve discussed, catastrophic injuries are permanent and debilitating. These injuries should be treated promptly. Here are common types of catastrophic injuries:

• Severe burn injuries
• Spinal cord injuries
• Traumatic brain injuries
• Amputations
• Internal injuries
• Vision loss
• Hearing loss
• Chest injuries

Contact a Catastrophic Injury Attorney in Dallas Today

Ax Injury Law understands the devastating impact a catastrophic injury can have on your life. With years of litigation experience, Baxter Banowsky is committed to securing the compensation you deserve—whether for physical therapy, ongoing medical care, or lost wages.

Don’t face this challenging time alone. Contact Ax Injury Law today for compassionate legal representation from an attorney who will fight tirelessly for your rights and recovery: 844-344-HURT.