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Filing a Lawsuit for a Catastrophic Personal Injury

November 6, 2019
Filing a Lawsuit for a Catastrophic Personal Injury

Serious injuries remain relatively common in the United States. The National Center for Health Statistics (NCHS) reports that 42.2 million people visited emergency departments in 2016 alone.

Sadly, some of these injuries are so severe that a full physical recovery may be unlikely, even impossible. These cases are often referred to as “catastrophic injuries”.  

Following a catastrophic accident, an injured victim needs access to the best medical care. In addition to that, they need the maximum available financial compensation to support their family. If you are considering filing a catastrophic injury lawsuit in Texas, it is imperative that you take the proper steps to protect your rights.

Four Steps to File a Lawsuit for a Catastrophic Injury in Texas

Seek Immediate Emergency Care (And Follow Up Treatment)

Catastrophic injuries always require immediate emergency medical care. Beyond that, victims who have suffered especially severe injuries need extensive follow up treatment and comprehensive rehabilitative services. All medical care and related services should be thoroughly documented in order to facilitate financial recovery.  

Hire a Personal Injury Lawyer Who Handles Catastrophic Injury Claims

Catastrophic injury claims are highly complex legal cases. After attending to an injured victim’s medical needs, the next step is to call a top-rated Texas personal injury attorney who has relevant experience handling these types of cases. Do not make a statement to an insurance company or defendant until you have first consulted with a lawyer.

Gather Evidence and Identify All Relevant Defendants

Even with a catastrophic injury claim, litigation may not be necessary to recover full financial support. Indeed, many of these claims are settled before a lawsuit if filed. However, you will only be able to obtain a fair settlement if you can present a strong, well-documented legal case.

All defendants must be identified and evidence that establishes liability should be obtained and organized. Remember, under Texas law (Texas Civil Practice & Remedies Code section 16.003), personal injury claims, including catastrophic injury claims, are subject to a two-year statute of limitations.

Make Sure that Future Damages and Intangible Damages are Fully Considered

One of the key things that separates catastrophic injury claims from other legal cases is that the victim will often have substantial future medical bills and significant non economic damages. Sadly, defendants and insurance companies are notorious for undervaluing these types of losses.

In a catastrophic injury lawsuit, plaintiffs should seek damages for all future medical costs, diminished earning capacity, pain and suffering, disfigurement, and their loss of lifestyle enjoyment.

Contact Our Texas Catastrophic Injury Lawyers Today

At Fadduol, Cluff, Hardy & Conaway, P.C., our Texas personal injury attorneys have been fighting for the rights and interests of injured victims for more than three decades.

If you or your loved one suffered a catastrophic injury in an accident, we are ready to help. To set up a free, no-obligation initial consultation, please contact our law firm right away. With office locations in Lubbock and Odessa, we serve communities throughout West Texas.

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