Dallas Catastrophic Injury Lawyers

No one wants to be injured in an accident, but thousands of Americans visit ERs across the country every day for their accident injuries. Unfortunately, specific injuries are so severe that they have long-term consequences and costs. These are known as catastrophic injuries. These devastating injuries are so severe they could limit your ability to work, enjoy life, and care for yourself for years or even permanently.

At Nix Patterson, our Dallas catastrophic injury lawyers understand the pain, frustrations, and challenges of such severe injuries. Our attorneys have helped severely injured clients obtain compensation for their injuries from the parties that caused their catastrophic injuries. Speak to Dallas catastrophic injury lawyers at Nix Patterson for a free legal consultation.

What Is Considered a Catastrophic Injury in Dallas?

A catastrophic injury is so severe that it has long-term consequences that prevent you from working and enjoying life as you did previously. The injury is so devastating that most victims are long-term disabled and unable to work again.

The severe injury may also cause loss of capacity and deformities that could be mental or physical. A catastrophic injury may require multiple surgeries and hospital stays, as well as months or years of ongoing care and rehabilitation. You also may need constant assistance to get through the day and have a permanent loss to your quality of life.

The severe nature of a catastrophic injury, as well as the length of the recovery, means that your medical costs and pain and suffering will be much higher than less severe injuries. A personal injury claim from a catastrophic injury will need higher compensation to cover the astronomically high damages. These high damages will require your attorney to make greater effort because insurance companies are reluctant to pay six or seven figures in pain, suffering, and other damages.

Types of Catastrophic Injury Claims We Handle

Our Nix Patterson catastrophic injury lawyers in Dallas are experienced with many types of catastrophic injury cases. Whether you were severely injured in a car or truck accident, job-related accident, fall, fire, or explosion, our attorneys would like to review your case today:

• Traumatic brain injuries
• Severe burns
• Amputation injuries
• Spinal cord injuries
• Organ damage
• Occupational illnesses
• Loss of hearing or sight
• Multiple fractures
• Crush injuries

Most catastrophic injuries are obvious after the accident, but not always. For example, you may have a slow brain bleed after a car accident that you didn’t notice initially. But after a few days, you could have severe brain damage as pressure grows inside the skull.

That is why having a medical examination after any severe accident is essential. This ensures that your injuries will be treated promptly. Also, getting fast medical treatment may be necessary to prove your personal injury claim later.

Our Dallas personal injury lawyers understand the tremendous challenges you face after a catastrophic injury. Our lawyers will carefully review your Dallas injury case and determine if you can file a claim or lawsuit for damages. If we take the case, we never charge upfront legal fees. Our attorneys work on a contingency basis and are paid from your settlement or jury award.

Common Causes of Catastrophic Injuries

Catastrophic accidents in Dallas happen under many circumstances, including:

• Auto accidents, including car, truck, pedestrian, and motorcycle accidents. Many pedestrian and motorcycle accidents result in catastrophic or fatal injuries because the injured party isn’t protected from other vehicles.
• Malfunctioning products, such as cars, toys, and drugs
• Medical malpractice injuries related to failure to diagnose, misdiagnosis, and surgical mistakes
• Slip and fall incidents and other premises liability accidents
• Job-related injuries

Motor vehicle accidents are the most common accidents that cause catastrophic injuries in Dallas. Specifically, tractor-trailer accidents involve some of the area’s most common and worst catastrophic injuries. The size and weight of commercial trucks can lead to devastating impacts involving passenger vehicles. Some of the most dangerous intersections in the Dallas area for auto accidents are:

• Midway Road and Beltline Road
• Oak Lawn Avenue and Cedar Springs Road
• Forest Lane and Audelia Road
• Dallas Parkway and Belt Line Road
• Coit Road and Intersection 635

If you or a loved one is severely injured in a car accident in Dallas, call 911 right away for immediate medical attention. Remember to retain an attorney as soon as possible for the most favorable case outcome.

Catastrophic Injury Damages

Texas law allows victims of catastrophic injuries to obtain compensation for their economic and non-economic damages. Economic damages are related to the financial losses you suffered after the accident, such as medical expenses in the past and future and lost earnings and time at your job. You also may be entitled to lost future earnings if you cannot work in the future or in the same capacity as before you were hurt.

Non-economic damages are those that do not have an exact value, primarily pain, suffering, and emotional trauma. Catastrophic injuries are the most severe of all personal injury claims, and the pain and suffering compensation could be considerable.

Compensatory damages for catastrophic injuries don’t have a damage cap in Texas. However, punitive damages, which may be awarded in extreme recklessness or wilful disregard of safety, cannot be more than two times economic damages.

Remember that the amount of insurance coverage in effect may affect compensation for a catastrophic injury. If the case isn’t filed against a company, your compensation may come from the at-fault party’s insurance policy. If the liable party doesn’t have a lot of coverage, you may be unable to obtain sufficient compensation to cover your losses. In this situation, you might file a personal injury lawsuit against the liable party’s personal assets.

How To Prove Liability in a Catastrophic Injury Claim

People who have suffered a catastrophic injury might feel as if their life is over. While a large settlement or jury award might not bring your life back as it was, it can get you the medical care you need and adjust to your new normal. To receive fair compensation for your catastrophic injuries, liability must be proven. The law allows you to receive compensation for your damages, but only if you prove negligence. Doing this requires your attorney to prove the following:

• Duty of care. You must prove there was a duty of care when your catastrophic injury occurred. For example, a Dallas driver has a duty of care to obey traffic rules and drive safely.
• Duty of care was breached. Next, you must prove that someone violated their duty of care. Using the example above, suppose a driver ran a red light in downtown Dallas and smashed into your car at 50 MPH.
• You suffered harm. You also must show that you sustained injuries because of the breach of the duty of care, such as broken bones, head trauma, neck injuries, internal injuries, burns, etc.
• You have damages for which you can receive compensation. These might include medical bills and lost wages.

Your Dallas catastrophic injury lawyers have seen various severe accident cases in their many years of experience. They know how to collect and interpret significant case evidence to prove liability in these devastating cases.

How a Catastrophic Injury Attorney in Dallas Can Help You

Catastrophic injury lawyers have seen all types of severe injury cases, including yours. But you may wonder if you really need a catastrophic injury attorney. This can be a tough decision, especially if you think it is clear the other party was at fault. If the fault is clear, can’t you just contact their insurance company for a fair settlement? You might be able to get a small settlement on your own, but it is doubtful you will receive the full case value you deserve. Statistics show that having a personal injury attorney, especially in a severe accident, dramatically increases your chances of receiving just compensation.

This is the case for many reasons. First, a catastrophic injury lawyer has years of experience negotiating with insurance companies. An insurance adjuster cannot play games with an experienced attorney and pay less than you deserve. Also, your lawyer has considerable financial and legal resources available to prove liability and the severity of your losses. Most non-attorneys don’t possess the finances or access to legal resources, such as accident reconstruction experts and legal research teams, to build a robust case. Also, most injury victims don’t have experience arguing Texas personal injury law in courtrooms, but your attorney does.

Having an experienced and tenacious attorney on your side will significantly enhance your chances of a successful claim. But that is just the start of the benefits your attorney brings to the table. Having a skilled catastrophic injury attorney fighting for you means you can have all the legal burdens lifted from your shoulders so you can focus on getting better.

You will have much to contend with in the months and years to come to get your health and lift back. You should not burden yourself with legal and insurance questions when you are severely injured. With an experienced catastrophic injury lawyer at your side, you won’t need to. Your attorney can take over all legal and insurance matters related to the case so you can heal.

Texas Comparative Negligence For Catastrophic Injuries

The concept of fault is vital in any personal injury claim but even more important in catastrophic cases, which often have larger damages than other claims. Unlike some states where being partially at fault bars you from recovering damages, Texas has a comparative negligence rule.

According to the modified comparative negligence rule, you can still recover damages if your percentage of fault is less than 51%. However, the money you can recover is reduced in proportion to your level of fault. While you can still recover compensation in an accident where you are partially at fault, your settlement or jury award could be less than it would have been.

Receiving less compensation in a catastrophic injury claim can be especially problematic; you could have hundreds of thousands or more in medical bills and lost earnings. It is essential to provide your personal injury attorney with as much information as possible about your accident so they can establish who was at fault. If the facts warrant it, your attorney may attempt to reduce your proportion of blame for the incident so you can receive just compensation.

Texas Personal Injury Statute of Limitations

Deciding to take legal action after a catastrophic accident can be difficult. You might delay deciding because of your injuries and focus on recovery. However, waiting too long to file a personal injury claim in Texas can be disastrous!

The state has a statute of limitations for filing personal injury claims. In most cases, you have only two years from the date of injury to take legal action. While filing a lawsuit can usually be done in a matter of days, it can take months to investigate the underlying accident to prove fault and the extent of your injuries. Many attorneys will not take a catastrophic injury case if the statute of limitations runs out soon. So, contact an experienced attorney as early on as possible after the accident. Your attorney can quickly review the case to determine your legal options.

Contact Our Dallas Catastrophic Injury Lawyers Now

Recovering from a severe injury will feel devastating and frustrating. Just the immense initial medical expenses can be overwhelming to the average person. But you also will probably have significant personal losses. A catastrophic injury may render you disabled and unable to work and enjoy life as you once did. You could need medical care, physical therapy, and ongoing care for the rest of your life. You also may have severe, chronic pain and mental anguish that you carry forever.

If your catastrophic injury was due to another person’s negligence, you deserve fair financial compensation for your losses. Our attorney could help you receive much-needed compensation for medical bills, lost earnings, physical therapy, pain and suffering, and more. Do not waste a day allowing the Texas statute of limitations to expire. Contact our Nix Patterson personal injury attorneys today for a complimentary legal consultation.