Texas Catastrophic Injury Lawyer

A catastrophic injury is so severe that the injured person’s life is permanently changed. These injuries cause lasting damage to the body, and many people need special care and support for the rest of their lives.

Catastrophic injuries completely disrupt life as a person once knew it. Plans and daily activities must change without warning. The future may feel uncertain. Pain and hardship can continue for years. Families are often left overwhelmed and heartbroken.

Catastrophic injury law focuses on carefully evaluating damages and securing fair compensation for life-changing injuries. The compensation must be enough to cover future medical care, lost income, and the loss of enjoyment of life.

What is Considered a Catastrophic Injury in Texas?

There is no clear or exact definition of a catastrophic injury under Texas law. In general terms, and with some guidance from federal laws, a catastrophic injury is one that is permanent or causes long-term disability. It greatly limits or changes a person’s ability to carry out normal daily activities and routine tasks.

Examples of injuries often considered to be catastrophic include:

• Traumatic brain injury (TMI)
• Spinal cord injury (SCI)
• Loss of limb (amputation)
• Loss of sensory perception (sight, hearing)
• Scarring or disfigurement

Severe bodily damage with ongoing or long-term consequences may be considered catastrophic.

A catastrophic injury is permanent or causes long-term disability, greatly limiting a person’s ability to carry out normal daily activities and routine tasks.

How to Evaluate Damages in Catastrophic Injury Cases

To calculate damages for a catastrophic injury, you must look at both economic and non-economic losses. The economic components can be calculated based on actual and projected figures. The non-economic components are harder to quantify due to their subjective nature.

The main damage components for a catastrophic injury are:

• Medical expenses and related care – past and future
• Lost earnings and future income opportunities
• Suffering and personal limitation as a result of injuries

After economic damages are calculated, a common way to estimate non-economic damages is to use a multiplier. The total economic damages are multiplied by a factor, usually from 1.5 to 5, depending on how severe the injury is and how much it has changed the person’s life.

Factors Influencing Catastrophic Injury Damage Settlements

Many catastrophic injury damages cannot be calculated with exact numbers. Future medical care costs and expected lost income often need expert analysis to determine the right amounts.

Factors that influence the calculation of non-economic damages include:

• Pain and suffering
• Injury permanence
• Intensity of treatment
• Loss of quality of life
• Life expectancy

The quality of the evidence for each factor greatly affects the amount of non-economic damages. Usually, there are no limits on how much compensatory damages can be awarded. Exceptions happen when a catastrophic injury is caused by medical malpractice or by a state or local government. In these cases, there may be limits on the damages that can be awarded.

Comparative Fault

In Texas, if a person is partly at fault for the accident that hurt them, it does not change how damages are calculated. However, it will reduce the amount of money they can receive.

If an injured claimant’s percentage of fault is greater than 50%, no compensation may be recovered. A percentage of fault 50% or less will reduce the amount of compensation by the corresponding percentage.

Exemplary (Punitive) Damages

Exemplary damages can be awarded if the person causing the injury meant to harm someone or ignored the risk of causing serious harm. These damages are to punish the wrongdoer, not to compensate the victim, and the amount is restricted.

The quality of the evidence for each factor greatly affects the amount of non-economic damages, and usually there are no limits on how much can be awarded.

Determining Settlement Value for Catastrophic Injury Accidents

Of the tens of thousands of personal injury claims filed in Texas every year, the vast majority of cases settle before proceeding to trial. Settling a case is preferred by all parties for a few compelling reasons.

• Settlements offer certainty compared to the uncertainty of a jury verdict.
• Settlements avoid the additional costs of a trial.
• Settlements get compensation to victims faster.

The few cases that don’t settle before trial usually involve major disagreements over fault for the injury, or the wrongdoer’s conduct was particularly culpable and exemplary damages are sought.

Agree on Liability and Calculate Damages

Determining the settlement value of a catastrophic injury case starts with establishing liability. If liability is agreed, then the damages are calculated. Economic damages include medical bills, lost wages, costs for personal care, and any other expenses that come from the injury.

From the amount of economic damages, the non-economic damages can be estimated. In Texas, non-economic damages can be awarded for:

• Physical pain and suffering
• Mental or emotional pain or anguish
• Loss of consortium (marital relations)
• Disfigurement
• Physical impairment
• Loss of companionship
• Inconvenience
• Loss of enjoyment of life
• Injury to reputation
• All other non-financial losses of any kind

There is no universal way to assign dollar values to non-economic damages, which is why a multiplier is applied to economic damages. Generally speaking, the greater the economic damages, the greater the non-economic damages.

The evidence for the damages claim, both money losses and other losses, greatly affects how much the settlement will be. When damage claims are well documented with credible evidence, they are more believable.

Assess Financial Resources Available to Pay Damages

The financial resources available to pay the damages also influence settlement value. Insurance is a common source available to pay damages claims. However, the amount insurance companies must pay is restricted to the policy limits of the applicable coverage. If insurance is insufficient to cover all damages, other potential sources must be explored.

In the case of automobile accidents, an injured party’s own insurance may provide some coverage if they carry uninsured or underinsured motorist coverage. Beyond insurance, the personal assets of the wrongdoer may be accessed by filing a lawsuit. Or there may be other parties with financial liability for the damage.

Sell the Damages Claim to the Paying Parties

Negotiation skills can affect how much a catastrophic injury settlement is worth. The people who must pay, often insurance companies, usually do not want to pay quickly. They need to be convinced that the settlement request is fair and that going to trial could cost them even more.

Schedule Your Free Consultation

Because so much is at stake, it is important to have a skilled negotiator who knows how to handle catastrophic injury claims. The personal injury attorneys at Liggett Law Group work hard to get fair financial compensation for clients who have suffered catastrophic injuries.