Many people who suffer personal injuries are fortunate in that they will eventually make a full recovery. As serious as an injury may appear in the moment and as debilitating as it may be on their present situation, prompt medical care and rest will eventually let them live their lives as they did before the incident.
Sadly, this is not always the case. A portion of events that result in personal injuries will have a permanent impact on a person’s future. These are known as catastrophic injuries. Despite a person seeking the best possible medical attention, they will never make a full recovery, and the demands for compensation must take this impact into account. A Bellaire catastrophic injury lawyer is prepared to prove that another person or entity was to blame for your injuries, and demand the full amount of compensation that helps to make things right.
The Concept of a Catastrophic Injury
There is no definition under state law of a catastrophic injury. However, it is helpful to understand this general concept as a way of determining the seriousness of an injury and demanding proper compensation from at-fault individuals.
In simple terms, a catastrophic injury is one from which a victim will likely never make a full recovery. They may progress to the extent that they no longer need constant medical care, but the outcome of the event that led to an injury means that they will have limited functionality for the foreseeable future. Common examples of these injuries include:
- Traumatic brain injuries
- Severe burns
- Spinal cord damage
- Organ damage
- Blindness or deafness
Any demand for compensation following these injuries must take the extent of these injuries into account. This includes seeking out payment for all past and future medical care, and determining how the event will impact every part of a person’s life. A Bellaire catastrophic injury attorney is prepared to work with people to understand how the injury has changed their future prospects and form demand packages that can cover these losses.
Proving Fault for Catastrophic Injuries
By definition, catastrophic injuries can have a devastating effect on a person’s life. Even seemingly simple incidents involving negligence can result in these losses. Car crashes, slips and falls, and defective products are all capable of causing the types of injuries that end with permanent losses. It could also be a result of medical malpractice, including as a birth injury. In most cases, proving that a defendant was negligent is the best way to collect the needed compensation. A catastrophic injury lawyer in Bellaire must prove that the at-fault party breached their duty of care to others and that it led to compensable injuries.
What makes this process difficult is that defendants and insurance companies will not simply pay compensation to victims. They may even allege that a person’s losses were the result of their own failures to protect themselves. Texas Civil Practice & Remedy Code § 33.003 says that courts must consider the actions of both victims and defendants in personal injury cases. If a court believes a victim to be more than 50 percent responsible for an event, that court cannot award any compensation. Talking with a catastrophic injury lawyer now allows a person to get to work on building potent cases against defendants and deflecting any accusations of shared fault.
Reach Out to a Bellaire Catastrophic Injury Attorney Now
The people and companies who cause injuries to others through their negligence could be made to provide compensation to cover the resulting losses. Even if a simple bicycle accident results in a catastrophic loss, an at-fault motorist and their insurance company must provide full payment to all affected victims.
A Bellaire catastrophic injury lawyer knows the best way to secure damages on your behalf and can handle the day-to-day of the claim while you recover. Contact The Gutierrez Law Firm now and schedule a free consultation of your situation.