Fort Worth Catastrophic Injury Attorneys

Damages For A Catastrophic Injury

A person who suffers a catastrophic injury caused by someone’s negligence or intent is entitled to compensation for their damages. These damages include, but are not limited to:

Economic Damages

Economic damages are those that compensate you for your actual losses from the accident and include compensation for:

• Medical expenses such as surgery, doctors’ appointments, medication, and more
• Lost wages and lost earning capacity
• Damage to your property related to the accident
• Future medical expenses
• Therapy and rehabilitative expenses

Non-Economic Damages

Non-economic damages cover the physical, emotional, and mental pain and suffering caused by the injury. They include compensation for:

• Disfigurement
• Pain and suffering
• Family compensation for loss of your participation or assistance
• Loss of enjoyment of life
• Loss of companionship
• Reputational injury

Fortunately for Plaintiffs, Texas does not have a cap on economic damages for a catastrophic injury claim. Therefore, if you sustained an injury that resulted in $2 million in healthcare costs, you can receive compensation for those losses in that amount.

Caps On Damages

While there are no caps on economic and non-economic damages, there are three instances in which there are caps on damages under Texas Law.

Punitive Damages

Texas law places a cap on “exemplary” or “punitive” damages, which are awarded to punish the person who caused you harm. Punitive damages are possible when there is gross (extreme) negligence, fraud, or malice. In catastrophic injury cases, these damages can be equal to either $200,000 OR twice the amount of your economic damages up to $750,000, whichever is larger. So, if you won $300,000 in damages to compensate for your injury, you could not get more than $600,000 in punitive damages.

Damages Against Doctors And Medical Facilities

In Texas, there are caps on medical malpractice claims, which are as follows:

• A healthcare facility cannot be sued for more than $500,000 total
• An individual doctor cannot be sued for more than $250,000 total
• Non-economic damages in a medical malpractice claim cannot exceed $750,000

Damages Against A Public Entity

Most governmental employees and entities cannot be sued for personal injury liability in Texas. However, on the rare occasion that they are open to personal injury liability, damages are capped at $250,000 for a single person and $500,000 for a single event.

What To Do As Soon As Possible After A Catastrophic Injury

Filing an insurance claim for your catastrophic injury is an ideal first step. It can be a complex process, which would benefit from the assistance of an experienced personal injury attorney. It is important to get this process started as soon as possible as the clock for filing claims starts ticking immediately upon your injury. There are deadlines to follow, generally two years, that could lead you to not be reimbursed if you fail to file in time. The initial process is as follows:

Step One: Determine who is at fault for the accident and injuries. Even if you are partially to blame for the injury, if it’s not more than 50 percent, you can recover, which will be discussed more thoroughly in FAQS below.

Step Two: Gather evidence to determine who is at fault. If you were injured in an accident, there are usually witnesses, a police report, and photographs of the event.

Step Three: Document the extent of your injuries to show that they relate to the accident or negligence. If you are in an accident, you should go to the hospital or see a doctor as soon as possible to show that your injuries are linked to the other party’s negligence. Keeping a daily journal of your pain and suffering is also helpful, as those memories may fade over time.

Step Four: Contact a personal injury attorney, and with their assistance, file a claim with the insurance company of the party responsible for your injury. You should be able to identify the responsible party’s insurance carrier, and they will need to be contacted to get your claim process started.

The Process Of Filing A Lawsuit For A Catastrophic Injury

If you do not reach an initial settlement agreement with the party who caused the injury or their insurance company, you will need to file a lawsuit to get the damages you seek. If you haven’t already hired a personal injury attorney, at this point, you should contact one as soon as possible; negotiating a settlement and potentially filing a lawsuit is no simple task. The process of a personal injury lawsuit entails the following:

Meet With An Attorney

An attorney will likely set up a meeting or “consultation” with you free of charge. During this meeting, the attorney will review the facts of your case and advise you of the best course of legal action. You should bring as much evidence or documentation as possible to this meeting, including police reports, medical bills, photographs, and anything else you have related to the incident and your injury. When the meeting is over, the attorney will let you know if they can represent you. Then, if you choose, you will both enter into a written agreement (a “Retainer”) that outlines your working relationship.

Investigate The Claim And Document Damages

Your attorney will contact anyone else involved in the accident or incident and ask for a statement. They will also speak with any witnesses and collect any additional information and reach out to any necessary experts to help prove the elements of your case.

The main purpose of a catastrophic personal injury suit is to compensate you for all damages you suffer. For this reason, it is important for you to get an accurate assessment of your damages so that you don’t accept an amount of compensation that does not fully cover your injuries. Asking for too much compensation is also not a good idea as it can hurt your case. Your attorney will diligently work to ensure that you have a complete collection of items such as medical bills, pay stubs for lost wages, and other necessary documents.

File A Lawsuit

Before filing suit, your attorney will inform the defendant and their insurance company of your claim and attempt to settle it by negotiations. The advantage of a settlement is that compensation is received sooner. However, there are times when an agreement cannot be reached. If your attorney cannot negotiate a settlement agreement with the party who injured you or their insurance company, they can file a lawsuit, which begins with a document that claims the following:

The Defendant Was Negligent Or Intentionally Hurt You

To have a successful legal claim, you must first file a complaint that shows the defendant was negligent and that their negligence caused your catastrophic injury. Essentially, you must show that the defendant carelessly caused you harm, and it was their responsibility not to do so. Negligence is a legal term that is the source of most personal injury cases. It simply means that the other party owed you a duty of care and failed to exercise reasonable care, which resulted in your harm.

There are many examples of negligence that stem from the defendant owing a duty to prevent harm to the plaintiff, which is violated and causes the injury. Some relationships that create a high duty of care are doctor and patient, homeowner and guest, or business owner and customer. Perfect strangers also owe others a duty to not drink and drive and to obey traffic laws. Liability for negligence results when those rules are broken and cause harm.

Catastrophic injuries can also result from an intentional assault or attack. Usually, intent is a much simpler standard to prove than negligence.

You Suffered Losses Due To The Defendant’s Negligence

You will need to prove that you suffered losses due to your catastrophic injury. It can be a complex process to establish the extent of your present and future damages. This will likely require a collection of evidence such as medical records and expert testimony relating to how permanent your injury will be. Insurance companies are armed with experts who will work to get you less money. Your attorney will help ensure this does not occur.

Note that a settlement can still be obtained even after filing a lawsuit. A lawsuit is a means to show that you are serious about receiving fair compensation and can be used to get the defendant or their insurance company to be more agreeable with your demands to obtain a favorable settlement.

Enter Discovery

Discovery is when attorneys for both sides exchange facts, documentation, and information at the other’s formal request. All personal injury cases go through the process of discovery, which is lengthy and can take a very long time. Sometimes, in complex cases, discovery can last for years.

Discovery allows both sides of the case to have a chance to understand the facts and the arguments the other side will use. Discovery is meant to be very thorough, so there are no surprises at trial, which does not always happen.

Negotiations can be reentered towards the end of the discovery process. This usually happens when one side determines that the other side has a stronger case. When one party believes they won’t win at trial, there is an incentive to reach a settlement and avoid trying a case in front of a court.

Attempt Mediation

Texas Courts order most personal injury cases to go through mediation before a full-blown trial on the case. Mediation is simply an attempt to bring the two sides to an agreement. During mediation, the parties will meet with a neutral person called a mediator who will help them to try and reach an agreement. The mediator is professionally trained in how to resolve a dispute, but they have no power to order a final judgment or give any legal advice. Although mediation can slow the personal injury process down if it doesn’t work, it is often cheaper and faster than trial. This is especially true if it’s successful and, therefore, one of the last steps of the personal injury process.

Attempt Settlement

The ability to settle your case will primarily depend on the facts and evidence of your case. If you have a large amount of evidence in your favor, the other side may be more willing to settle. On the other hand, if the other side has a large amount of evidence that shows you were also liable for the accident, you may need to be willing to settle for a lower amount.

If you choose to settle, you will likely be asked to sign a release that prevents you from going back and asking for more money in the future. Therefore, it is very important for you to understand the total extent of your injuries, even going into the future.

Go To Trial

If mediation and settlement do not work out, your case will go to trial and be heard by either a judge or a jury. At trial, your case will move forward according to the timeline and schedule of the Texas courts. Hearing dates can be scheduled and then rescheduled and can take a significant amount of time to conclude.

The trial will allow both sides to present their arguments and evidence. Then a judge or jury will determine who was at fault. If they decide in your favor, they will also determine how much compensation you will receive.

How Long Can I Wait To Sue For A Catastrophic Injury?

Under Texas law, you must bring suit within two years after the date of your injury. Otherwise, the statute of limitations will bar your claim. There are exceptions, which can be complicated and are as follows:

When You Give Notice To The Medical Provider

You can pause or “toll” the two-year medical malpractice statute of limitations for seventy-five days by sending the negligent health care provider a notice letter within the two-year limitations period. For the tolling provision to apply, notice must comply with the Texas Civil Practice & Remedies Code.

When The Medical Provider Is A Government Entity

Texas law requires lawsuits regarding government employees to be given notice of their claim within six months after the injury occurred. As governmental entities own many Texas hospitals and clinics, medical malpractice claims arising out of those entities may require notice of the claim in a very short time after the injury occurred.

When The Injured Party Is A Minor

A medical malpractice injury to a minor is a complex area of Texas law that is, at times, unsettled.

• Under the current Texas statutory law, a minor has until the age of fourteen to file a medical malpractice suit.
• The Texas Supreme Court has held that minors have the right to file suit until the age of twenty but has not addressed whether the current statute can stand.
• Texas law provides that a claim for a minor’s medical expenses before eighteen belongs to the minor’s parents, which is subject to the general two-year statute of limitations.

When The Negligence Remains Undiscovered Until After Two Years

When an injured party discovers the injury after the two-year statute of limitations has run, they may be able to file a medical malpractice suit within a “reasonable time” after the discovery of the wrong under Texas law. What constitutes a “reasonable time” varies, so it is important to file as soon as possible after discovering an injury from medical malpractice. This is a very narrow exception and must be after the two years have passed. An example of this would be a surgery done incorrectly that took over two years to discover the consequences.

When There Is A Continuing Course Of Treatment

When the health care provider treats an injured party over time, one can argue that the two-year statute of limitations period began running toward the end of the course of treatment. Note that cases on this issue are inconsistent, so it is always best to file a claim within two years of the beginning of the course of treatment.

It is important to note that there is a complete bar on any medical malpractice claim that arose more than ten (10) years before it was filed under Texas law. This will likely control your claim, even with an exception noted above. With this in mind, you should contact a personal injury attorney as soon as you discover any type of medical malpractice injury.

Why You Need An Attorney For Your Catastrophic Injury

A skilled catastrophic injury attorney can successfully negotiate with insurance companies to help you navigate the often-complex legal aspects of your case. Your attorney will help you obtain the maximum compensation for your injury and increase your chances of getting everything you are entitled to. As most catastrophic injuries have major effects, if your injury is due to the fault of another party, they should be responsible for all financial aspects of your injury. An attorney will allow you to focus on your recovery while taking care of all aspects of your claim and, if necessary, your lawsuit. Please contact us for a free consultation so we can help with your case.

FAQ

What If I Am Partially To Blame For My Injury?

Under Texas law, as long as your actions are not the cause of a majority (over 50 percent) of the damages, you may still receive compensation for the damages from your catastrophic injury. If you are partially at fault, then you can receive reduced damages. If you are found to be more than 50 percent liable for the injury, then you will be barred from receiving any damages. An example of you being partially at fault would be running a red light when a drunk driver hit you. The court will determine your percentage of responsibility in the injury and base your award on this.

Does My Case Have To Go To Court In Order For Me To Collect Damages?

Not necessarily. Many personal injury cases settle without the need for trial. The insurance carrier may offer a settlement when they receive substantial evidence of their insured’s negligence and the extent of your injuries. This is an ideal reason to hire a personal injury attorney, as they can help you negotiate the best possible financial outcome for your injury.

What Is The Difference Between A Catastrophic Injury Lawsuit And A Personal Injury Lawsuit In Texas?

There is no significant difference between a catastrophic injury suit and a personal injury suit, as the process for filing is the same. However, in most catastrophic injury lawsuits, the plaintiff usually asks for damages that could compensate for a life’s worth of lost wages, which does not normally occur in a personal injury suit.

What if Someone I Love Died Because Of A Catastrophic Injury?

Surviving family members of a person whose death was caused by another person or entity, whether by accident or intentionally, may have a wrongful death claim. Their surviving family members should speak to an attorney about how to pursue a wrongful death claim, which attempts to measure the financial loss that the family suffers because of the loss of their loved one. Sometimes many family members (such as spouses and children) are entitled to a recovery for a wrongful death claim. Compensation should be awarded to establish what the victim’s life and the lives of those around them would have been like if the accident had never happened. The deceased person’s health, life expectancy, occupation, and other factors like hobbies and activities, all of which may require experts, will be considered.

How Do I Know If I Have A Traumatic Brain Injury (TBI)?

Traumatic Brain Injuries (TBI) are often called “invisible injuries,” which means that the symptoms are not always visible compared to injuries with visible symptoms such as burns or broken bones. TBIs can take days, weeks, or months to show any symptoms. If you think you have a TBI, you should get checked out as soon as possible after an accident so that the potential injury can be diagnosed quickly. Some symptoms of TBI include depression or irritability, headaches, loss of consciousness, numbness in any body part, dizziness, nausea/vomiting, or confusion. Remember, the clock starts ticking as soon as you are injured or as soon as you reasonably know you were injured.

What If I Don’t Notice My Internal Injury Right Away?

If the consequences of an accident aren’t noticeable right away, it doesn’t mean that you haven’t been injured nor that any injuries you’ve sustained aren’t catastrophic. Internal injuries such as ruptured organs, internal bleeding, and swelling can be life-threatening and can cause permanent damage and fundamentally change your life forever. As outlined above, if it hasn’t been more than ten years since the date of your initial injury, and if you file a claim within a reasonable time of discovering the injury, you should be able to proceed with a lawsuit.

Catastrophic Injury Attorney

Fulgham Hampton Personal Injury Attorneys attorneys are focused on helping catastrophic injury victims and their families recover compensation and obtain justice. We will carefully analyze your incident, determine who is to blame, and vigorously pursue all remedies against those responsible. If you or a loved one has been injured, reach out to Fulgham Hampton Personal Injury Attorneys by calling (817) 697-4440 or contacting us online.

Fort Worth Law Firm Helping Catastrophic Injury Victims Rebuild Their Lives

Fort Worth catastrophic injury attorneys at FH Law Group understand the almost insurmountable obstacles that face those who suffer this type of horrific life-altering injury. When an individual suffers catastrophic injuries, the victim and family must face difficult challenges. We understand that no amount of monetary recovery can give you back the sensation of feeling the warm sun on your skin, your ability to walk hand–in hand with someone you love, or your ability to verbalize your thoughts and feelings. However, you can obtain the maximum resources to pay for your medical bills and replace your lost income. A verdict or settlement also provides you with the ability to obtain the best possible supportive care and fullest quality of life for you and your family. At FH Law Group, we tenaciously pursue the maximum recovery for injury victims in Fort Worth and the surrounding areas of Tarrant County. Contact us today for a FREE consultation at (817) 697-4400 or visit our website.