Catastrophic Injuries

Serious & Catastrophic Injury Cases

Compensation for Catastrophic Injury Victims

At The Daspit Law Firm, we are committed to helping our clients recover financial compensation for the injuries they have suffered because of the negligence of others.

What makes an injury catastrophic?

Any type of injury can cause enormous physical pain and emotional distress, but certain types of injuries are likely to leave the accident victim permanently incapacitated.

A catastrophic injury is any injury that:

• Permanently disables the victim (physically or mentally)
• Permanently disfigures the victim

For example, a spinal cord injury may cause partial or total paralysis, such as in paraplegia or quadriplegia. Traumatic brain injuries frequently result in symptoms including headache, perception disturbances, changes in mood and behavior, and even interference with motor coordination skills.

Traumatic amputation has the potential to make it difficult or impossible for the injured person to work, while a burn injury will often leave not only major physical scars but deep, emotional scarring as well.

FAQ Regarding Serious & Catastrophic Injury

What compensation can I recover for a catastrophic injury in Texas?

Catastrophic injury claims are valued over a lifetime, not over current bills. Recoverable economic damages include all past and future medical treatment, surgeries, rehabilitation, in-home nursing or attendant care, prosthetics, assistive technology, home and vehicle modifications, and lost earning capacity if you can no longer work in your field. Noneconomic damages cover pain, suffering, emotional distress, disfigurement, physical impairment, and loss of enjoyment of life. Where the conduct was grossly negligent, punitive damages may be available. Cases like these usually require a life care planner and an economist to project decades of cost, which is why they should not be settled early. Call (888) 273-1045.

What makes an injury catastrophic?

As this page explains, an injury is catastrophic when it permanently disables the victim physically or mentally, or permanently disfigures them. The most common examples are spinal cord injuries causing paraplegia or quadriplegia, traumatic brain injuries with lasting cognitive or behavioral effects, traumatic amputations that end a person's ability to do their work, and severe burns that leave physical and emotional scarring. The defining feature is permanence: the injury changes what the rest of your life looks like, and the claim has to be built to match that.

Why should a catastrophic injury case not be settled quickly?

Because the true cost is not knowable yet. Insurers often make an early offer that looks large next to your current bills but is a fraction of what decades of care will cost, and a signed release closes the claim permanently. A catastrophic case should be evaluated once physicians can describe your long-term prognosis, with a life care plan quantifying future surgeries, therapy, equipment, attendant care, and replacement cycles, and an economist calculating lost earning capacity in today's dollars. That work takes time, and it is usually the difference between a settlement that runs out and one that lasts.

Who pays for lifetime care after a catastrophic injury?

The at-fault party's insurance, to the extent coverage exists, which is why identifying every liable party matters so much in these cases. A single personal auto policy will not fund a lifetime of care, but commercial trucking policies, contractor and premises policies, employer non-subscriber liability, product manufacturers, and umbrella policies can. Our attorneys look past the obvious defendant to find every applicable policy. Coordinating with health insurance, Medicare or Medicaid liens, and where appropriate a structured settlement or special needs trust is part of the same work.

What kinds of accidents cause catastrophic injuries?

In our practice, most arise from 18-wheeler and commercial vehicle collisions, motorcycle crashes, oil field accidents and explosions, plant and refinery incidents, construction falls and equipment failures, maritime and offshore accidents, defective products, and medical negligence. What these have in common is force or exposure well beyond what the body can absorb, and companies on the other side with substantial insurance and experienced defense counsel. With more than 50 attorneys and over $500 million recovered, we are equipped for that.

How long do I have to file a catastrophic injury claim?

Generally two years from the date of the injury in Texas, with shorter notice requirements for claims against governmental entities and different rules for maritime claims, which can run three years under the Jones Act. If the injured person is a child, the deadline is usually paused until they turn 18. If a person is incapacitated by the injury, a family member or guardian may need to act on their behalf, and we can guide families through that. Call (888) 273-1045 at any hour.

Speak with a Catastrophic Injury Lawyer Today

If you find yourself in this situation, you cannot afford to take chances with your claim for compensation. Let us fight to help you recover the payment that you need and deserve.

With our help, you may not only be able to recover compensation for your medical bills and lost income but also noneconomic damages for your pain, suffering emotional distress, disfigurement, physical impairment and loss of enjoyment of life.