When a major accident changes the course of a victim’s life or causes unspeakable harm, the attorneys at The Doan Law Firm can fight for justice and fair financial compensation. Our law firm has won some of the largest settlements and verdicts in state history. Clients in Houston and throughout Texas come to us for the best possible case results for life-altering injuries. We are experienced, skilled and committed Houston personal injury attorneys who can help you hold someone accountable for inflicting catastrophic injuries. Start with a free confidential case consultation for your catastrophic injury case at our local Houston law office.
Houston Catastrophic Injury Resources
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A catastrophic injury by definition is one that will alter the core of a victim’s life. It can impact virtually every aspect of daily living, from the ability to earn a wage to personal enjoyment of life and self-esteem. Catastrophic injuries often cause the loss of an important bodily function or permanent disability. Common examples are:
A catastrophic injury claim is a personal injury lawsuit that seeks financial compensation (also known as damages) from one or more parties for causing the injury through a careless or wrongful act. A successful catastrophic injury claim can result in financial compensation paid to the victim and his or her family for related expenses, including ongoing medical care, rehabilitation and physical therapy.
Types of Catastrophic Injury Cases We Cover
At the Doan Law Firm PLLC, our team handles a wide range of types of catastrophic injury claims on behalf of clients in Houston and throughout the state of Texas. This includes the following:
Commercial truck accidents
Amusement park incidents
Birth injury claims
Heavy machinery incidents
This is certainly not a complete list of the types of claims that we handle, and we strongly encourage you to reach out to a skilled catastrophic injury attorney in Houston for assistance with your specific case. We offer free consultations, and we want to make sure that we provide you with the best advice for your claim moving forward.
Potential Long-Term Effects of a Catastrophic Injury
A catastrophic injury can lead to significant long-term effects for individuals in and around the Houston area. Typically, a catastrophic injury significantly affects a person’s ability to function physically. This could include complete or partial paralysis, difficulty with fine motor skills, trouble walking or speaking, and other impairments. The impairment and pain caused by a catastrophic injury can significantly affect an individual’s ability to work and inhibit a person’s ability to enjoy hobbies or time with friends and family.
In addition to the physical effects of a catastrophic injury, we must also take into account the emotional and psychological trauma involved. When a person’s life is changed so completely, they may experience anxiety, depression, and other adverse mental health effects. This can significantly affect a person’s quality of life.
Finally, no discussion of the long-term effects of a catastrophic injury would be complete without discussing finances. One of the greatest stressors individuals experience on a regular basis is financial issues, and this will certainly be compounded when it comes to taking into account the medical bills, lost wages, cost of in-home care or vehicle and home modifications, and more.
The Importance of Hiring an Attorney for a Catastrophic Injury Case
Insurance companies don’t want to maximize clients’ payouts – they’re more concerned with protecting their own profits. This is why it is critical to hire an attorney if you have suffered a life-changing injury that requires extensive or ongoing medical care. Without legal representation, you can be taken advantage of by an insurer and settle for less than you deserve. A catastrophic injury lawyer in Houston can determine the true value of your case and help you fight for maximum financial compensation. A lawyer can use aggressive legal strategies to achieve the results that you need for a brighter future. From truck crashes to amusement park accident lawsuits in Houston, we can help.
Texas Personal Injury Laws to Know
During a catastrophic injury claim in Texas, it is essential to understand and obey all of the state laws that apply to your case. Otherwise, you could make a mistake that takes away your ability to recover financial compensation. Here are three Texas personal injury laws to know:
Fault car accident law. If you suffer a catastrophic injury in a car accident, Texas’s fault-based insurance law requires the at-fault driver or party to pay for the damage through his or her liability insurance. You must prove the other driver is at fault to recover these benefits. Our Houston car accident lawyer is ready to put in the work necessary to build a successful case.
Comparative negligence. Texas’s comparative negligence law states that an injured accident victim can still recover partial financial compensation even if he or she contributed to an accident, as long as the percentage of fault is less than 50 percent.
Statute of limitations. There is a statute of limitations, or deadline for filing, on all catastrophic injury claims in Texas of two years from the date of the accident. If you miss this deadline, you will most likely give up the right to recover financial compensation.
You don’t have to navigate these laws alone while also tending to a catastrophic injury. Our Houston injury lawyers can take care of the legal side of your case for you so that you can focus on healing.
Who is Liable for Your Catastrophic Injury?
There may be various parties who could be held liable for a catastrophic injury claim. The liable party or parties will wholly depend on factors related to each particular situation. There could be multiple parties held liable for a single incident or one party held responsible. The ultimate goal is to show an insurance carrier or personal injury jury that the four elements of negligence apply.
Duty of care. A duty of care will look different depending on the circumstances surrounding the incident. For a specific situation, it will need to be examined as to whether or not the alleged negligent party owed a duty of care to the injury victim. For example, any person who gets behind the wheel of a vehicle will owe a duty of care to every other individual around them. This duty includes operating the vehicle safely and following traffic laws. The duty of care owed by a property owner to those who have a right to be on their premises will look different. Property owners have a duty to ensure that their premises are safe and that any person there has notice of hazardous conditions.
Breach of duty. After establishing that a duty of care was present, it needs to be shown that the alleged negligent party breached their duty of care in some way. Looking back at the duty of care owed by a driver, drivers can breach their duty of care by failing to stop at a stop sign or stop light or by operating while impaired by alcohol or drugs. Property owners can breach their duty of care if they failed to clean up spills that can lead to a slip and fall hazard.
Causation. After showing that a party did breach their duty of care, it must be shown that the breach of duty led to the injuries the plaintiff sustained.
Damages. Finally, the plaintiff must have sustained some sort of monetary loss caused by the breach of duty and their injuries. This can include losses such as medical expenses, lost income, out-of-pocket expenses, pain and suffering damages, and more.
How Our Houston Catastrophic Injury Attorney Approaches Your Case
A catastrophic injury claim can be incredibly challenging to pursue. When you work with a skilled Houston catastrophic injury lawyer, you will have an advocate with the resources needed to stand up to the alleged negligent party, insurance carriers, and any legal teams involved in the case.
The role of a personal injury lawyer is multifaceted and begins with fully investigating every aspect of the incident. Those four elements of negligence are proven by the attorney gathering as much evidence as possible to show what happened. These investigations can become expensive and time-consuming, but a lawyer will have experience handling the process.
In addition to investigating the claim, an attorney will begin communication with other parties involved. This includes the at-fault party, insurance carriers, and legal teams. An attorney will relay a demand for a specific amount of compensation, and they will handle any negotiations related to compensation amounts.
Importantly, it may be necessary to take a catastrophic injury claim in Houston to trial. If this becomes necessary, an attorney will fully prepare the claim to be heard in front of a jury. The process of getting a case to a jury is complicated and begins with the discovery process and continued negotiations. An attorney will handle every aspect of this on behalf of their client.
What is a Typical Catastrophic Injury Case Worth?
There is no set amount of compensation paid to catastrophic injury victims in the Houston area. The reality is that there are several factors that will be examined throughout the course of the claim that will be taken into account. Some of the main factors that affect catastrophic injury claim values include the severity of the injury and how long it takes a person to recover. Other factors include a person’s ability to return to work (or not) and whether or not they sustain any loss of earning potential by having to work a lower-paying job.
Other factors that can influence the value of a catastrophic injury claim include whether or not there was any shared fault for the incident. This could reduce how much compensation a person receives.
Economic, Non-Economic, & Punitive Damages in a Catastrophic Injury Case
Individuals may be able to recover a wide range of types of compensation. Typically, economic and non-economic compensation is available for catastrophic injury cases.
Economic damages. These losses are calculable expenses that individuals endure as a result of a catastrophic injury. This includes, but is not limited to, the following:
Doctor’s office visits
Physical therapy and rehabilitation
Medical devices or prescription medications
Property damage expenses
Non-economic damages. These types of losses are not as calculable as the economic damages just mentioned. These losses revolve around more immeasurable expenses that may not be as visible, including the pain and suffering an individual endures as a result of the incident and the recovery process.
Punitive damages may also be awarded in some situations. Under Texas law, these damages are reserved for individuals or entities whose conduct was egregiously offensive or shocked the conscience of the court. These types of damages are designed to punish the wrongdoer and send a signal to others that the types of behavior displayed in the case are not acceptable.
How Much Does a Catastrophic Injury Attorney Cost?
A catastrophic injury lawyer at our firm will take these cases on a contingency fee basis. This means that clients will not pay any fees up front or out-of-pocket related to the claim. Our team handles all these expenses. Individuals will pay an agreed-upon percentage out of a final settlement or jury verdict after the case has concluded. If we do not win, the client will not pay anything.
This type of fee arrangement helps individuals hold at-fault parties accountable, regardless of their current financial circumstances. In many cases, individuals are able to receive much more compensation than they would otherwise have gotten if they tried to handle the claim on their own, even after factoring in the final contingency fee paid.
Contact Us Today for a Free Case Evaluation in Houston
If you or someone you love was recently diagnosed with a severe to catastrophic injury after a preventable accident in Houston, don’t hesitate to contact The Doan Law Firm for legal assistance. Our personal injury lawyers are available to listen to your story and immediately go to work on your case. We will provide compassionate and results-oriented legal services during this difficult time. Call (800) 349-0000 today.