An injury can affect a person's physical and mental well-being. Those who suffer a catastrophic injury are forced to deal with a long-term medical issue. This type of injury is considered "catastrophic" since it causes permanent or long-lasting harm. 

There are many reasons why a person suffers a catastrophic injury in Houston, such as:

Car Accident

A negligent driver can get behind the wheel and cause an accident. The driver can cause an accident for various reasons, including:

• Distracted Driving: If a motorist drives while distracted, they lose focus to the point where they endanger other drivers and pedestrians. 
• Drunk Driving: A motorist that drives while impaired may experience delayed reaction times and other issues that affect their ability to travel safely, which can lead to an accident. 
• Speeding: A motorist can ignore posted speed limits and engage in aggressive driving, which increases their risk of an accident. 

A negligent driver traveling at high speeds can strike another motorist or pedestrian. This can injure the driver, along with anyone else involved in the accident. On top of that, the accident can result in one or more catastrophic injuries. 

Work Accident

You expect your employer to take every precaution to ensure you and your peers can complete everyday tasks safely. However, there can be times when an employer inadvertently exposes their workers to risks. If the employer takes shortcuts that compromise workplace safety, it can be held financially responsible for any catastrophic injuries that workers suffer. 

Workplace accidents and injuries occur every day in the United States. They take place at construction sites, offices, and other work environments. Some workers suffer catastrophic on-the-job injuries that hamper their ability to enjoy life to the fullest extent moving forward. 

Following a work accident and injury, you should get medical attention. You should also report the work accident and injury to your employer. If your employer refuses to cover the costs of your on-the-job accident and injury, it may be time to seek help from a personal injury lawyer. 

Defective Product Accident

You can purchase a product from a business in the hopes that you will enjoy using it. Yet, there is no telling when a product may be defective. If you use a product that turns out to be faulty, you may suffer a catastrophic injury. 

Defective product accidents and injuries are inexcusable. It is a business' responsibility to manufacture and sell products that do not harm consumers. If a company ignores this responsibility, a catastrophic defective product injury can occur, and the business can be held accountable. 

A catastrophic injury lawyer treats every defective product injury case the same way. The attorney reviews a defective product accident and injury in detail. If a defective product accident victim has a strong case, the lawyer can help this individual seek damages as part of a catastrophic injury lawsuit.

The cost of a catastrophic car accident injury can total tens or hundreds of thousands of dollars. It can also limit an accident victim's mobility and prevent them from working. Thus, if you experience a catastrophic injury in a car accident, it is in your best interests to seek damages from the negligent driver responsible for the incident.

Catastrophic Injury Examples

There are many types of catastrophic injuries that a person can suffer. These include:

• Burns
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Skull fractures
• Paralysis
• Amputations
• Damage to the organs

A personal injury can seem minor at first but turn out to be worse than expected. For example, a negligent driver can strike a pedestrian, and this individual may experience no symptoms at the accident scene. In the days following the accident, the pedestrian may start to feel severe headaches that can be related to brain trauma that may be related to a catastrophic car accident injury. 

If you experience an injury that occurs due to someone else's negligence, seek medical help right away. This enables you to undergo medical testing and get treatment for any injuries. In addition, it helps to partner with a catastrophic injury attorney that can help you file a claim against the negligent party.

How Catastrophic Injury Claims Work  

Catastrophic injury cases in Houston can be complicated, but legal help is available. When you work with a Houston catastrophic injury attorney, you can navigate the legal process with precision and care. Your lawyer makes sure your legal rights are protected and helps you pursue the most damages possible. 

In Texas, you have a maximum of two years from the date you suffer a catastrophic injury to seek damages. If you do not file a catastrophic injury lawsuit within this time frame, you lose the right to do so. At this point, you are solely responsible for any costs associated with your catastrophic injury. 

Houston catastrophic injury lawyers are easy to access, and they can make a world of difference. You can select a Houston catastrophic injury lawyer that has a great track record in personal injury cases. From here, your attorney can file your catastrophic injury lawsuit in accordance with Texas' statute of limitations. 

What to Expect in Damages in a Houston Catastrophic Injury Lawsuit

Damages in a catastrophic injury case consist of the following:

• Pecuniary losses, which include the loss of a plaintiff's earning capacity, advice, counsel, services, care, maintenance, and support
• Mental anguish
• Loss of companionship and society 
• Loss of inheritance, which represents the present value that the plaintiff would have likely added to their estate and left at natural death to their statutory beneficiaries

There are some restrictions on the amount of damages you can receive in certain types of catastrophic injury cases in Texas. For instance, you can recover up to $250,000 per person and $500,000 per accident in damages from a Texas government entity. If you sue a healthcare provider in Texas, you can request up to $250,000 in damages from the provider. 

Meanwhile, a judge or jury may award exemplary (punitive) damages in catastrophic injury cases. Punitive damages are not intended to compensate the plaintiff for their catastrophic injury. Rather, punitive damages focus on punishing the defendant for their egregious behaviors. 

What to Do If You Suffer a Catastrophic Injury in Houston

If you experience a catastrophic injury in Houston, you may be entitled to damages. Here are things you can do to move forward with a catastrophic injury lawsuit. 

Identify the Root Cause of Your Injury

Consider what caused your catastrophic injury to happen in the first place. There can be instances where one or more negligent parties are responsible for your injury. In these instances, you can sue these parties for damages. 

Catastrophic injury attorneys urge their clients to seek the maximum amount of damages. To do so, an individual must first identify any at-fault parties. They can then work with a Houston catastrophic injury lawyer to assess the severity of their injury and calculate an appropriate amount of damages. 

As you evaluate the cause of your injury, consult with a doctor as well. This allows you to get medical help so you can treat your injury. Plus, you can get additional insights into your injury's severity and how your injury will affect you now and in the future. 

Gather Evidence

There are many pieces of evidence you can use to support your request for damages. These include:

• Photos or videos from the accident scene
• Medical documents that highlight the severity of your injury
• Medical bills that show the costs of your treatments
• Pay stubs that illustrate how much money you have lost due to your injury

A catastrophic injury law firm takes as much time as needed to help you collect and evaluate evidence. Your attorney ensures your evidence can compel a judge or jury to rule in your favor. If you have an abundance of evidence at your disposal, you may be able to receive a settlement offer prior to going to trial. 

Work with a Houston Catastrophic Injury Law Firm

Houston catastrophic injury law firms take the guesswork out of personal injury lawsuits. It is important to note that not all catastrophic injury law firms are created equal. To find a law firm that can accommodate your legal requests, you should:

• Look at the experience of the firm's Houston catastrophic injury attorneys. Choose a law firm that has catastrophic injury lawyers that go above and beyond for their clients. 
• Find out what past clients are saying about the firm. Check out the firm's client testimonials to get insights into how its attorneys handle catastrophic injury cases. 
• Meet with a catastrophic injury lawyer. Set up a date and time to consult with a catastrophic injury attorney, explain your case, and find out how this lawyer can assist you. 

At de la Garza Law Group, we are a source of strength for catastrophic injury victims. Our attorneys have more than 30 years of experience with catastrophic injury lawsuits. Reach out to us to learn how we can help you with your catastrophic injury case. 

How a Houston Catastrophic Injury Case Gets Resolved

Months can pass before a Houston catastrophic injury lawsuit is presented to a judge or jury. In the time before your catastrophic injury trial, you and your attorney look for ways to strengthen your case. You and your lawyer can collect and assess evidence, search for witnesses, and take other steps to make your case as strong as possible. 

The best catastrophic injury attorney in Houston considers every legal option for their client. This lawyer wants their client to secure adequate compensation for their catastrophic injury. To accomplish this goal, the attorney works in lockstep with their client at each stage of the legal process. 

When a catastrophic injury trial begins, a plaintiff's attorney will present their client's case. The lawyer advocates for their client and ensures that this individual can dispute any claims from the defendant. If the attorney succeeds, the plaintiff is well equipped to secure the full amount of damages that they requested. 

When a Catastrophic Injury Lawsuit in Houston Gets Settled Outside the Courtroom

The defendant in your catastrophic injury lawsuit may be overwhelmed by the amount of evidence you have to support your case. This may lead the defendant to propose a settlement. In this scenario, the defendant may offer you less money than what you requested in exchange for an immediate case resolution. 

You and the defendant are expected to negotiate prior to your trial date. If the defendant submits a settlement proposal, your attorney will share it with you. You then have the option to accept, decline, or counter the proposal. 

If you receive a settlement proposal, it is beneficial to discuss the offer with your attorney. Even though you must make the final decision on a settlement, your attorney can help you weigh its pros and cons. With help from your attorney, you can make an informed decision regarding a settlement offer. 

How to Decide on a Settlement Proposal in a Houston Catastrophic Injury Case

You may feel pressure to approve a settlement offer in a catastrophic injury case — and for good reason. If you accept a settlement, you do not have to go to trial. Instead, you receive money from the defendant to cover some of your catastrophic injury expenses, and your case is closed. 

Although there is a short-term gain that comes with accepting a settlement, this choice can affect you in the years to come. By approving a settlement, you may receive only a fraction of the damages you initially requested. Once you run out of money, you may wind up having to cover the costs to treat your catastrophic injury on your own. 

Your lawyer will encourage you to assess a catastrophic injury settlement offer from all angles. If you decide a settlement does not line up with your expectations, your attorney can notify the defendant that you have declined their offer. Next, you and your attorney can continue to focus on what is most important: getting the most compensation from any at-fault parties. 

What Happens When a Judge or Jury Reviews Your Houston Catastrophic Injury Case

A judge or jury is not required to award damages in a catastrophic injury case. Conversely, a judge or jury must review the facts of the case and evidence and witness testimony provided by the plaintiff and defendant. If a judge or jury finds a defendant is responsible for a plaintiff's catastrophic injury, only then will damages be awarded. 

Your lawyer knows the ins and outs of the trial process and can answer any questions you have about it. Before your trial, your attorney can explain what will happen during the proceedings. Your lawyer will help you establish realistic trial expectations. 

It may take hours or days for a catastrophic injury trial to be completed. After all parties in the case present their side of the story, a judge or jury renders its decision. In the best-case scenario, the plaintiff will be awarded 100% of the damages they request.

How Proportionate Responsibility Applies to Catastrophic Injury Cases in Houston

A catastrophic injury attorney attempts to show a judge and jury that there is no doubt that the defendant is fully responsible for their client's injury. If the lawyer fails to do so, a judge or jury may find the plaintiff to be partly responsible for their injury. When this occurs, the plaintiff may receive only a portion of the damages they requested. 

Texas has proportionate responsibility laws in place that apply to personal injury cases. According to these laws, a plaintiff must be less than 50% responsible for their catastrophic accident and injury to be awarded damages. If the plaintiff is found to be partly or primarily responsible, they may receive fewer damages than what they originally wanted or no damages at all. 

For example, the plaintiff in a catastrophic injury case may be found to be 20% responsible for their accident and injury. In this situation, the plaintiff receives 80% of the compensation they asked for in the first place. Or, if a plaintiff in a catastrophic injury case is more than 50% responsible for their accident and injury, a judge or jury will not award any damages to this individual. 

Get Started with a Catastrophic Injury Lawsuit in Houston

The team at de la Garza Law Group is available to help you with your Houston catastrophic injury lawsuit. To learn more or schedule a free consultation, please contact us today.