Catastrophic Injuries

Catastrophic Injury Lawyer Assisting Clients in Texas and New Mexico

Suffering a serious injury can be debilitating, no matter how fast the recovery is. But a catastrophic injury attorney can help.

However, some types of personal injuries are so severe that they need months or years to heal.

In certain situations, injuries are so critical that they result in lifelong issues.

Living with a disability can be quite difficult.

Also, many catastrophic injuries are life-threatening injuries.

Patients must undergo significant lifestyle changes to live with the aftermath of such a serious accident.

What is a Catastrophic Injury?

According to the American Medical Association (AMA), a catastrophic injury is an injury to a person’s brain, spinal cord, or spine. In some cases, catastrophic injuries can also refer to injuries to a person’s internal organs, bone fractures, amputations, and severe burn injuries.

Personal injury attorneys tend to use the term catastrophic injuries broadly. They include any injuries that result in temporary or permanent disabilities.

Examples of catastrophic injuries for which you may be able to file a claim include but are not limited to:

• Traumatic brain injuries (TBIs) and other forms of head trauma;
• Spinal cord injuries;
• Broken bones or fractures;
• Organ damage;
• Paralysis;
• Amputations; and
• Severe burn injuries.

A catastrophic injury lawyer can help you to seek compensation.

Types of Accidents That Often Result in Catastrophic Injuries

Catastrophic injuries can happen in almost any accident. Plaintiffs could be facing injuries from:

• Auto accidents;
• Truck accidents;
• Bicycle and pedestrian accidents;
• Oil Field Injuries;
• DUI crashes; and
• Workplace accidents.

A catastrophic personal injury can happen in almost any accident. You should always seek help from a dedicated advocate with experience handling cases similar to your own.

Economic Damages in Catastrophic Injury Claims

Economic damages cover tangible and quantifiable financial losses backed by copies of bills, pay stubs, and repair estimates.

• Current medical expenses: These costs include emergency room visits, surgeries, hospital stays, medications, assistive devices (e.g., wheelchairs, prosthetics), and rehabilitation services (e.g., physical therapy, occupational therapy, and speech therapy).
• Future medical expenses:  Given the often lifelong nature of catastrophic injuries, these damages account for anticipated medical costs throughout the victim’s life. This may include future surgeries, ongoing rehabilitation, long-term care (e.g., in-home nursing care, assisted living), adaptive equipment, and home modifications.
• Lost income and impaired earning potential: Lost income involves the income lost during recovery and your reduced earning capacity.
• Property damage expenses: Damages involve repair costs and property damages, such as the victim’s vehicle and personal belongings.
• Home modifications. Modifications include wheelchair ramps, widened doorways, or specialized bathroom fixtures.

Non-Economic Damages in Catastrophic Injury Claims

Non-economic damages address the intangible, subjective losses resulting from a catastrophic injury. 

• Pain and suffering: Damages cover physical and emotional pain and anguish a victim experiences due to the injury. This category covers initial acute pain and any ongoing chronic pain or discomfort. The court considers factors such as the injury’s severity, the pain duration, and the impact on the victim’s daily life.
• Loss of enjoyment of life: Damages under this category cover activities you no longer enjoy because of your injuries
• Loss of consortium: These damages cover the effects of the injury on a victim’s relationship with the spouse or partner.  
• Disfigurement and scarring: This cost accounts for the physical and emotional impact of visible scars, disfigurement, or other permanent changes to the victim’s appearance.

Punitive Damages in Catastrophic Injury Claims

Punitive damages punish the defendant for notably reckless or cruel behavior to prevent similar future behavior. They are typically available only in cases involving gross negligence, recklessness, or intentional misconduct.

Special Considerations in Catastrophic Injury Claims

• Long-term consequences: Your attorney will calculate your damages based on the severity of your injuries if figuring non-economic damages. This process is usually lengthy and may involve consulting with life care planners, vocational experts, and economists to project future medical needs, lost earning capacity, and other long-term costs.
• Insurance policy limits: Insurance companies limit damages to a defendant’s insurance coverage or available assets.
• Documentation requirements: You must provide supporting documents for your claim. Include copies of medical records, expert reports, financial documents, and other evidence proving the extent of the damages.

The Statute of Limitations for a Catastrophic Injury Claim

When you get hurt in a serious accident and suffer a catastrophic injury, you have a limited amount of time to file your claim. The statute of limitations typically begins running when the person suffers an injury. When someone suffers catastrophic injuries, New Mexico law usually provides three years from the date of the injury to file a lawsuit, while Texas is shorter at only two years.   There are some limited exceptions where the Statute of Limitations may actually be shorter or even longer. It’s critical that you contact an experienced law firm as soon as possible to make sure that you don’t miss your opportunity to file a claim.

Contact a Catastrophic Injury Attorney About Your Case

Were you injured in an accident that resulted in a catastrophic injury? Brain injuries, spinal cord injuries, and severe fractures often lead to partial and total disabilities, and it is important to work with a catastrophic injury lawyer on your claim. Contact FCHC online or call us at (866) 432-4790 to talk to someone about your case.

Catastrophic Injury (FAQs)

You no doubt have questions about the claim filing process and other information about the seriousness and treatment of catastrophic injuries. The following information will help you move forward with filing a claim.

What are the signs of a catastrophic injury?

Your injury may be classified as catastrophic if it has resulted in considerable long-term or permanent impairment of your capacity to work, care for yourself, or enjoy life as you did previously. 

Common instances include traumatic brain injuries that impair cognitive function, spinal cord injuries that cause paralysis, severe burns that cover a significant area of your body, and amputations. 

Even if your injury is not classified as catastrophic, its impact on your life is critical. For example, if you are a surgeon or pianist, severe crushing damage to your dominant hand may be considered catastrophic since it stops you from performing your work and significantly impacts your quality of life.

What types of incidents cause catastrophic injuries?

Catastrophic injuries can occur in various situations. However, they are most commonly caused by:

• Vehicular accidents, particularly those involving large trucks or commercial vehicles – due to the high impact and force involved.
• Industrial accidents in high-risk industries like construction and oil fields involve events that involve heavy machinery and hazardous materials.
• Bicycle and pedestrian accidents, as these individuals have little protection when struck by a vehicle.
• Diving accidents falls from heights, and sports-related injuries cause severe spinal cord or brain trauma.

The extent of the injury often depends on the force of the impact and the body part affected.