After suffering life-changing injuries, you must begin to adjust to a new way of life—often with increased limitations—and so must your family. When the incident that led to your harm resulted from another party’s misconduct, the negligent party is legally responsible for your losses. The compensation they pay could allow you to get the help and support you need to move forward.
If your family is facing extensive medical bills and significant mental anguish after a devastating injury, help is available. A Baytown catastrophic injury lawyer at Kirk Law Firm, PLLC could determine who is to blame for the accident and hold them accountable. Allow our seasoned personal injury attorneys to seek monetary damages that could relieve your mind of immediate financial concerns and help you plan for the future.
When Does the Law Consider an Injury Catastrophic?
There is no universal legal definition of a catastrophic injury, but the term is used to describe damage that has permanent, long-term consequences for the person harmed. Any injury that prevents a person from earning a living or forces them into a different job could be considered catastrophic.
Injuries that cause the loss of a limb, paralysis, blindness, deafness, chronic pain, debilitating psychological effects, or disrupt the functioning of a major organ system are catastrophic. Other injuries could also be catastrophic even if they do not interfere with a person’s employment. For example, severe facial disfigurement might not have professional consequences, depending on the job, but the social and psychological impact would likely be extreme.
Our Baytown serious injury attorneys could interview an individual and their family to assess an injury’s impact on all aspects of their lifestyle. A legal claim for financial awards would factor in all the consequences of the injury to establish appropriate compensation.
Negligence Causes Many Catastrophic Injuries
When a preventable accident causes a severe injury, somebody’s negligence is usually to blame. A recent National Safety Council report listed falls, poisoning, and motor vehicle accidents as the leading causes of non-fatal injuries.
Slip and falls and car accidents are also major causes of traumatic brain injuries (TBIs) and spinal cord injuries, both of which are considered catastrophic. Other causes of catastrophic injuries include:
- Sports injuries
- Drowning and near-drowning
- Fires and explosions
- Defective product malfunction
- Medical error
- Workplace accidents
- Industrial accidents
Carelessness or recklessness could be a factor in any of these incidents. Our catastrophic injury lawyers in Baytown could investigate the circumstances of a specific situation to identify all potentially negligent parties and contact their insurers to open settlement negotiations. When several sources of insurance coverage are available, a severely injured claimant is more likely to receive adequate compensation for their injuries.
A Claimant’s Conduct Impacts Damages
If the injured person’s own negligent acts or omissions contributed to their injury, they might not collect all their damages. Texas Civil Practice and Remedies Code §33.003 requires a jury in a negligence lawsuit to allocate fault amongst all the parties. If the injured person bears some blame, the court will deduct a portion of the damages equal to the claimant’s proportion of fault.
Most cases never get to trial because the parties typically negotiate a settlement. Settlement discussions usually address the negligent parties’ respective responsibilities for causing the accident and the injury. Other parties may try to inflate the injured person’s liability to reduce their portion of the blame. Our aggressive Baytown catastrophic injury attorneys have experience countering assertions that the claimant is primarily to blame for an accident. A strong advocate could ensure that an injured person does not bear more than their fair share of the responsibility.
Rely on a Baytown Catastrophic Injury Attorney to Handle Your Claim
If you sustained a life-altering injury in an accident, you need time and resources to adapt to your injuries and create the best possible life for yourself moving forward. Allowing skilled legal professionals to manage your claim for damages is a wise decision that could pay substantial dividends.
Reach out to a Baytown catastrophic injury lawyer at Kirk Law Firm, PLLC as soon as possible after your accident. Call now to get started on your case.