Catastrophic Injury Attorney in Austin, Texas
Some injuries suffered by victims of motor vehicle accidents and other incidents can leave them with lifetime ramifications and life-changing impacts. These catastrophic injuries are among the worst an individual can suffer as they negatively impact the victim’s quality of life or may even shorten it.
As a personal injury attorney at Rodman Law Office, I have seen firsthand the devastating and life-altering effects a catastrophic injury can have on injured people and their families. From my office in Austin, Texas, I represent people who have suffered catastrophic injuries because of someone else’s negligence in Williamson County, Travis County, Hays County, and throughout the state.
What Are Catastrophic Injuries?
Before you file a claim and seek compensation for your catastrophic injury, you need to know what “catastrophic” actually means. As a rule of thumb, a catastrophic injury is any injury that is so serious that it leads to long-term or permanent damage or loss of a limb or organ or prevents the individual from performing any gainful work.
Some common examples of catastrophic injuries include but are not limited to:
Traumatic brain injuries
Spinal cord injuries
Loss of hearing or vision
Severe organ damage
Just about any accident or traumatic event can result in a catastrophic injury. However, some of the most common causes of catastrophic injuries are motor vehicle accidents (car accidents, motorcycle accidents, truck accidents), work-related accidents, medical malpractice, construction accidents, and falls.
Personal Injury Claims in Texas
You need to understand a few statutes when seeking compensation for catastrophic injuries in Texas. In particular, the personal injury laws that may affect your claim include the following:
The statute of limitations. In Texas, injured parties have two years from the date of the accident to file a lawsuit against the negligent party. The two-year deadline is legally referred to as the statute of limitations.
The at-fault law. Texas adheres to the traditional fault-based system when it comes to recovering damages. It means that the person who is responsible for the accident is responsible for the damages caused to other parties.
Comparative fault. Texas is a modified comparative negligence state. Under the theory of modified comparative fault (or proportionate responsibility), injured parties are entitled to compensation as long as their degree of fault is lower than 51%. In addition, the injured party’s recoverable damages are reduced in proportion to their responsibility for the accident.
As a personal injury attorney, I understand the legal obstacles and challenges a person may face when suffering from catastrophic injuries and trying to obtain fair compensation. That is why I represent accident victim and their families to help them protect their legal rights and advise on their compensation options.
Texas Wrongful Death Suits
Under Texas law, surviving family members are entitled to compensation when a loved one dies because of the neglect, wrongful act, unskillfulness, carelessness, or default of another person. This is known as wrongful death. However, not all family members can file wrongful death lawsuits. In Texas, you can pursue a wrongful death suit to recover damages for your loved one’s death if you are the deceased’s:
Surviving child (biological or legally adopted)
Surviving biological or adoptive parent
The personal representative of their estate
If your loved one survived the accident, but their catastrophic injuries make them incapacitated to the point of being unable to file a claim on their own, you might be able to make a claim on behalf of your incapacitated loved one.
Possible Recoverable Damages
Typically, catastrophic injuries deserve a higher level of financial compensation than standard personal injury cases because they require lifelong medical treatment, physical therapy, and extensive surgery. Possible recoverable damages in catastrophic injury cases include:
Economic damages. Economic damages are any actual monetary losses that can be quantified and calculated. Common examples of economic damages include medical expenses, loss of income, out-of-pocket expenses, diminished or loss of earning capacity, and others.
Non-economic damages. These damages are intangible losses that cannot be objectively quantified (like economic damages). Such damages include pain and suffering, loss of enjoyment of life, mental anguish, and others.
Exemplary damages. These damages are meant to punish the at-fault party for severe misconduct or gross negligence. Texas law limits exemplary (punitive) damages to no more than twice the amount received in economic and non-economic damages combined or no more than $750,000 when economic damages are not awarded.
At Rodman Law Office, I have a proven record of success in helping people with catastrophic injuries reach maximum settlements and verdicts. As a catastrophic injury attorney in Austin, Texas, I am dedicated to fighting for the compensation you deserve to make your life more comfortable and manageable.
Catastrophic Injury Attorney Serving Austin, Texas
A catastrophic injury can impact your life in an instant. If someone else caused or contributed to your injury, you might be able to pursue the compensation to which you are entitled. As a catastrophic injury attorney at Rodman Law Office, I have the experience and resources to fight for your rights and give you peace of mind so you can focus on your recovery. Contact my office in Austin, Texas, to discuss your case.