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Houston Catastrophic Injury Attorney

Get Compensated for the Catastrophic Injuries You Sustained in Houston, Texas

The Houston catastrophic injury attorney at Wadler Law understands that when a client suffers a serious or deadly injury, the impact on their life can be profound. This can include a series of medical appointments and procedures, long-term care requirements, and in the worst-case scenarios, arranging funerals and losing income. 

For victims and their loved ones, compensation is not enough; they require dedicated advocates who will fight for their right to justice. Therefore, we strive to be more than just legal representatives. Our Houston TX catastrophic injury attorney is a trustworthy and versed ally who can guide clients and their families through the complex legal process with care and attention, allowing them to focus on their recovery.

If you or a loved one has suffered a catastrophic injury that has changed your life, resulting from medical malpractice, car accidents, or any other form of negligence, contact Wadler Law today.

Why Do I Need a Catastrophic Injury Attorney in Texas?

Before you engage in any discussions with the responsible party’s insurance company or anyone else regarding your catastrophic injury, it’s crucial to understand your rights. Allowing our Houston TX catastrophic injury attorney to represent you or at least accompany you during all interactions may be beneficial for protecting your rights. This is because:

  • Your injury is severe, making it difficult to focus on anything other than the injury.
  • While you are recovering in the hospital, the responsible insurance company is gathering evidence to assist them. You require someone to work for you while you recover.
  • You may be taking medications that impair your capacity to reason and make decisions.
  • You are not as knowledgeable about the law as we are, so you may make an error that reduces the amount you can collect.

Our team would be honored to handle your case, and our Houston catastrophic injury attorney is equipped to handle all the essential legal duties, including:

  • Collecting evidence to demonstrate that the negligent party caused the accident that resulted in your catastrophic injury.
  • Filing the proper forms and paperwork to keep your case moving so there are no unnecessary delays in receiving compensation for a catastrophic injury.
  • Discussing the severity of your injury and negotiating a settlement with the at-fault party’s insurance company, either in person or through other means.
  • Meeting all deadlines will prevent your case from being denied on a technicality.
  • Taking steps to bring your case to trial if a pre-trial settlement cannot be reached for whatever reason.
  • Explaining potential agreements or actions for you to make the best decisions for your family (e.g., regarding when to settle).

What is a Catastrophic Injury?

A catastrophic injury, both medically and legally, is an injury that permanently or long-term impairs an individual’s cognitive function, mobility, or quality of life. Apart from this definition, a catastrophic injury can encompass a wide range of injuries, including but not limited to the loss of a limb, paralysis, brain damage, psychological trauma, loss of hearing or vision, or a debilitating illness.

What is Unique About Catastrophic Injury Cases?

While catastrophic injury cases share similarities with personal injury claims, there are fundamental differences that set them apart from standard claims. It’s crucial to collaborate with our Houston catastrophic injury attorney who understands these distinctions and can effectively advocate for your maximum recovery. 

Some of the factors that distinguish catastrophic injury cases are as follows:

The Value

Catastrophic injury cases are typically valued higher because they require extensive treatment and ongoing care. Victims often experience disability, resulting in the loss of weeks, months, or even years of income, as well as significant physical and emotional pain and suffering. Due to their high value, insurance companies are more inclined to dispute and deny catastrophic injury claims.

The Complexity

Catastrophic injuries, like those involving the brain and spinal cord, are intricate. This complexity makes them challenging to treat and may require ongoing care for the victim. In many cases, proving the severity of the injury requires testimony from expert witnesses such as medical professionals, economists, and others.

The Impact

Catastrophic injuries have far-reaching effects, not only on the victims but also on their families and loved ones. Families often experience substantial financial losses related to the injury, such as the cost of taking time off work to care for the injured family member or hiring in-home assistance. 

Catastrophic injury cases often have a higher likelihood of proceeding to litigation and trial. Insurance companies tend to be reluctant to settle high-value claims, and may instead offer a lowball settlement or deny your claim entirely. Thus, it is of utmost importance to partner with our Houston TX catastrophic injury attorney who can safeguard your rights and advocate for your maximum recovery.

What Are the Most Common Causes of Catastrophic Injuries in Texas?

Catastrophic injuries refer to severe, life-altering injuries that can leave a person permanently disabled or even cause death. Unfortunately, Texas has a higher-than-average rate of catastrophic injuries due to various reasons. Here are some of the most common causes of catastrophic injuries in Texas:

Car Accidents

Motor vehicle accidents are a leading cause of catastrophic injuries in Texas. The high speeds on Texas highways and the number of cars on the road increase the likelihood of severe injuries.

Workplace Accidents

Workplace accidents can cause catastrophic injuries, particularly in industries such as construction, oil and gas, and manufacturing.

Medical Malpractice

Medical negligence or errors can result in catastrophic injuries, such as brain damage, paralysis, or amputation.

Sports Injuries 

Sports injuries, particularly in contact sports such as football and soccer, can cause catastrophic injuries such as Traumatic Brain Injuries, spinal cord injuries, and fractures.

Defective Products

Defective products can cause catastrophic injuries, particularly in cases involving defective automobiles, machinery, or consumer products.

Premises Liability

Property owners have a responsibility to maintain their premises and ensure that they are safe for visitors. Premises liability accidents can cause catastrophic injuries, such as slips and falls, swimming pool accidents, or dog attacks.

Intentional Acts

Assault, battery, and other intentional acts can cause catastrophic injuries, particularly in cases involving firearms, knives, or other weapons.

It’s important to note that each catastrophic injury case is unique, and the causes and circumstances may vary. If you or a loved one has suffered a catastrophic injury, it’s important to speak with our personal injury attorney who can help you understand your legal options.

What Are the Different Types of Catastrophic Injuries in Texas?

For years, our Houston catastrophic injury attorney has successfully litigated catastrophic injury cases. Allow us to advocate for your personal injury lawsuit and secure a win. Catastrophic injuries result in permanent losses that can have a long-term impact on your ability to work, participate in enjoyable activities, and spend time with loved ones. 

Examples of catastrophic injuries include, but are not limited to:

Traumatic Brain Injury (TBI)

Traumatic Brain Injury (TBI) can have a pervasive impact on all aspects of a victim’s life, ranging from memory impairment to emotional regulation difficulties. Individuals with TBI may experience issues with concentration, focus, and even creative thinking and problem-solving abilities, as well as struggles with mood and self-control. 

Spinal Cord Injuries

Spinal cord injuries can come with a significant financial burden, with treatment costs that can exceed a million dollars within the first year of injury alone. Furthermore, these injuries often result in the loss of independence due to the permanent loss of function below the site of injury. 

Amputation

In accidents where severe crushing damage occurs or a limb is completely severed from the body, it may result in permanent limb amputation. Amputees face a significant challenge as they adapt to life with a missing limb, and this may involve a lengthy rehabilitation process.

Face Injuries

Severe facial injuries can result in significant scarring, which may have a profound psychological impact on the victim. Many individuals may find it challenging to engage in social interactions after such injuries. 

Hearing and Sight Loss

Sustaining a permanent loss of one of the senses can happen due to various reasons such as explosions, severe head trauma, or damage to the eyes or ears. Victims who suffer such injuries, particularly those who suffer them later in life, experience a significant loss of independence and have to adapt to cope with the missing senses.

Birth Injuries

Birth injury pertains to considerable harm inflicted on an infant during delivery, typically due to a medical practitioner’s mistake or lack of care. Such injuries may lead to life-long impairments, ranging from potential brain damage to a loss of mobility and self-sufficiency for the affected child.

What to Do Following a Catastrophic Injury in Texas?

If you or a loved one has suffered a catastrophic injury in Texas, it’s essential to take the following steps:

Seek Medical Attention

The first step is to seek immediate medical attention. If the injury occurred at work, report the incident to the employer, and seek medical attention from an authorized healthcare provider under workers’ compensation insurance.

Document the Incident

It’s essential to document the circumstances surrounding the injury, including the date, time, location, and any witnesses to the incident. Take photographs and make detailed notes about the events leading up to the injury and the aftermath.

Contact an Attorney

Contact our Houston catastrophic injury attorney as soon as possible following the injury. We can guide the legal options available and help you pursue compensation for medical bills, lost wages, and pain and suffering.

Notify Insurance Companies

Notify any insurance companies involved in the incident, such as an auto insurance company or workers’ compensation insurance provider.

Remember, the most important thing following a catastrophic injury is to prioritize your health and seek the necessary medical care to recover. With the guidance of our Houston TX catastrophic injury attorney, you can pursue compensation to help you get back on your feet and move forward.

Who is Legally Liable for Your Catastrophic Injuries?

In the event of catastrophic injuries, seeking compensation for the injuries alone may not be enough. Holding all responsible parties accountable for their actions is also important. To identify who is liable for your injuries, our personal injury lawyer will begin by posing several critical questions.

Who Had a Duty of Care Towards You at the Time of the Accident?

The liable party for catastrophic injuries is often someone responsible for the victim during the accident. For example, the construction company that fails to implement safety measures at the construction site, the business owner who owns the building where the accident occurred, or the doctor responsible for the patient’s care. 

How Did the Individual Breach Their Duty of Care Toward You?

To illustrate, in the event of a car accident, the responsible party may have breached their duty of care towards you by not focusing on the road, driving under the influence of alcohol, or disregarding traffic regulations, such as the speed limit. 

How Did the Breach Cause Your Injuries?

If your catastrophic injuries were caused by someone else’s breach of duty of care towards you, you have the right to seek compensation for those injuries. Our Houston TX catastrophic injury attorney can assess your case to determine the causes of your injuries and identify each entity that contributed to your accident and shares liability. 

What is Texas Modified Comparative Negligence Rule and How It Could Affect Your Catastrophic Injury Claim Compensation?

Texas follows a modified comparative negligence rule in personal injury cases, which means that compensation for a catastrophic injury claim can be affected by the degree of fault attributed to each party involved in the incident.

Under the modified comparative negligence rule, a person can only recover compensation for their injuries if they are found to be less than 50% responsible for the incident that caused the injury. If a person is found to be 51% or more at fault for the accident, they are barred from recovering any compensation for their injuries.

In cases where both parties are found to be partially at fault for the accident, the amount of compensation awarded will be reduced proportionately to the percentage of fault attributed to the injured party. For example, if a person is found to be 30% at fault for the accident and is awarded $100,000 in damages, their compensation will be reduced by 30%, and they will receive $70,000.

With the guidance of our Houston catastrophic injury attorney, you can pursue a fair and just compensation amount for your catastrophic injury claim.

What Are the Types of Compensation for Catastrophic Injury Claims in Texas?

Catastrophic injuries can have numerous consequences. If your injuries resulted from another party’s negligence, you have the right to seek compensation through a catastrophic injury claim or lawsuit. The following are typical types of compensatory damages in such cases.

  • Medical Fees
  • Loss of Earning Potential
  • Out-of-Pocket Expenses
  • Pain and Suffering
  • Disability
  • Loss of Life’s Pleasure
  • Disfigurement
  • Future Medical Care Expenses
  • Needed Life Care Plan
  • Punitive Damages

What is the Texas Statute of Limitations on Catastrophic Injury Claims?

As with all claims for personal injury in Texas, the statute of limitations for catastrophic injury claims is two years from the date of the injury. Although this may appear to be ample time, do not make the error of waiting until the last minute to submit your claim.

First, courts are likely to question the severity of your injuries if you file your claim at the eleventh hour. Second, if you wait too long, you severely limit your attorney’s ability to build a compelling case against the party at fault. The sooner you file a claim, the better you will be able to recall incident-specific details.

Work With Our Experienced Houston Catastrophic Injury Attorney Today

If someone else’s actions or inactions caused you to sustain catastrophic injuries in the workplace or while driving, you may be able to sue them for compensation. Serious injuries can have lifelong consequences, resulting in high expenses and a diminished ability to earn a living. 

This is a devastating combination and a good reason to seek monetary compensation. The first thing you should do is consult with our Houston catastrophic injury attorney. We can assist you in documenting the facts while they are still fresh in your mind, safeguarding the evidence, and informing you of your options.

Call Wadler Law today. We’re also happy to legally assist you with Vehicular Accidents, Construction Site Accidents, Product Liability, Premises Liability, Worksite Accidents, and Dog Bites

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