Houston Catastrophic Injury Lawyer

Catastrophic Injury Attorney in Houston, TX

A personal injury occurs when one party’s actions result in injury and/or economic loss to another party. While many victims of personal injuries in Texas can recover from their injuries and secure compensation for their damages, others face more challenging paths to recovery. A “catastrophic” injury is any injury resulting in permanent harm. Some serious injuries cause long-term medical complications like chronic pain, reduced flexibility, and more, and others result in more debilitating disabilities.

If another party is responsible for causing any catastrophic injury to you or a loved one, it’s vital to know what you can do to hold them accountable and secure compensation for the damages they have caused. An experienced Houston catastrophic injury attorney can answer your legal questions in this situation and provide the representation needed to navigate your case successfully.

The Law Office of Joseph Ruiz, PLLC has a reputation as a leading criminal defense firm in the Houston, TX area, but our team can also assist victims of personal injuries with their civil claims. We can help you ensure accountability for the party responsible for the catastrophic injury you or your loved one recently suffered. If you face extensive medical treatment, a painful recovery process, and an uncertain future that may involve permanent disabilities, you should not be forced to contend with the results of another party’s negligence or willful misconduct on your own. Our team can help you navigate a catastrophic personal injury case with confidence and maximize your recovery.

Filing a Personal Injury Claim for a Catastrophic Injury in Texas

Texas’ personal injury laws allow the victim of any personal injury to seek full compensation for all the damages they sustained from their experience. If another party is responsible for causing a catastrophic injury, they face liability for the victim’s immediate and long-term damages resulting from the incident. However, success with a personal injury claim in Texas requires meeting a few foundational requirements and establishing a few key facts.

A personal injury occurs whenever one party’s lack of reasonable care or willful misconduct causes harm to another party. The victim must have sustained some tangible loss or measurable harm to proceed with their civil action. Your Houston catastrophic injury attorney will be crucial when it comes to building the foundation of your case and proving the full scope of the damages you experienced.

To succeed with your catastrophic injury claim in Houston, you must identify the party who caused the injury, prove they did so through intentional misconduct or negligence, and then prove their actions directly caused your damages.

What is a “Catastrophic” Injury?

Texas personal injury laws include a few specific conditions that apply to “catastrophic” injuries, or injuries resulting in permanent harm. While this may sound subjective, the reality is that many personal injuries result in several long-term or permanent effects, and the victim has the right to seek full compensation for the entire spectrum of damages they suffered from the at-fault party’s actions.

Some of the most commonly reported catastrophic injuries in California that lead to personal injury claims include:

• Traumatic brain injuries. These are very difficult to treat and highly likely to cause permanent medical complications for the victim.
• Spinal cord injuries. Any injury to the spinal cord is permanent, and an injury that completely severs the cord can cause permanent paralysis.
• Crushing and amputation injuries. Losing a limb is physically and psychologically traumatic. The victim of this type of injury will likely face a complete overhaul of every aspect of their life.
• Severe medical complications from exposure to harmful substances. This type of catastrophic injury could involve an illness or chronic medical condition that disrupts the victim’s life in various ways and prevents them from living independently.
• Profound psychological harm. When another party has caused extreme psychological trauma, the victim has the right to seek accountability for their mental health treatment costs and diminished ability to live independently.

It’s often necessary for the plaintiff in a catastrophic injury claim to not only identify the party responsible for causing their damages but also prove the full scope of immediate and future effects of the incident in question. Your Houston catastrophic injury attorney will be instrumental in proving fault for your damages, and they can also assist you in ensuring the court gives your catastrophic injury the complete attention it deserves.

It’s possible for an individual to inflict a catastrophic injury on a victim intentionally. For example, domestic abuse can potentially result in devastating injuries to the victim, and the party responsible faces criminal prosecution in addition to liability for the victim’s civil damages. It is crucial that you find an attorney who can address the unique and complex aspects of your case.

Damages and Compensation for a Catastrophic Injury in Texas

Any catastrophic injury is likely to pose a host of problems to the victim and their family. They could be unable to work and earn income due to their disability, and they are likely to experience depression and other adverse psychological symptoms in response to the severity of their injuries. The exact value of your case hinges on many variables, but a few of the economic damages you can likely claim include:

• Immediate and future medical treatment costs for your injuries. The defendant is responsible for all medical expenses incurred by the plaintiff to make them “whole” again after a catastrophic injury and to manage ongoing symptoms of any permanent conditions they acquired from the incident.
• Lost income and lost earning potential. The defendant who caused your catastrophic injury is responsible for the impact the injury has on your ability to work and earn income. It’s possible to hold a defendant accountable for lost wages immediately following a serious injury as well as the future income the victim could have earned if they had not been injured by the defendant.
• Property losses. If the defendant’s actions also damaged the victim’s personal property, they can recoup repair and replacement costs through their civil action.

Beyond these economic damages, the victim of a catastrophic injury may also qualify to claim compensation for their pain and suffering. The inherently severe nature of most catastrophic injuries means victims contend with extensive immediate and long-term losses. They may face physical disabilities and painful medical complications, and they have the right to seek compensation for their diminished quality of life. A Houston catastrophic injury attorney will help their client determine a fair amount of pain and suffering based on the severity of their catastrophic injury.

Find an Experienced Houston Catastrophic Injury Lawyer

While our practice is focused on criminal defense, we have also secured millions of dollars on the civil side. The Law Office of Joseph Ruiz, PLLC has the experience and professional resources you need after suffering a catastrophic injury from the actions of another party in Houston, TX. It’s natural to have many doubts, concerns, and questions about your options for legal recourse in this situation, and our firm can provide the answers you need.

FAQs About Houston, TX Catastrophic Injury Laws

How Does an Injury Qualify as Catastrophic in Houston?

The term “catastrophic injury” broadly applies to any injury resulting in significant long-term or permanent harm. Your Houston catastrophic injury attorney can assist you in proving the full scope of effects your injury has caused, including both immediate and projected long-term damages. Securing compensation for your economic losses is more straightforward than securing appropriate compensation for the pain and suffering you experienced, but a good attorney can assist you in maximizing all aspects of your recovery efforts.

Will the Defendant Who Caused My Injury Go to Jail?

A defendant will not face criminal charges for causing a catastrophic injury if the incident resulted from general negligence. However, if the defendant engaged in any type of willful misconduct, criminal action, or acted with an intentional desire to harm the victim, they are likely to face criminal charges. Causing severe bodily harm or death through criminal misconduct can significantly increase the penalties the defendant faces, including incarceration.

How Are Pain and Suffering Calculated in Texas?

It’s possible for your attorney to seek pain and suffering compensation in different ways. When a plaintiff is expected to make a complete recovery, their attorney may opt to seek an ongoing “per diem” settlement that awards a set amount of compensation per day until they recover as much as medically possible. If their client has been permanently disabled by their injury, the attorney is more likely to strive for a large lump sum settlement, and they typically determine suitable pain and suffering compensation in this type of case by multiplying the client’s economic losses by a factor reflective of the severity of their condition.

Is It Worth Hiring a Houston Catastrophic Injury Attorney?

Even if you believe fault for your recent injury is perfectly clear, and you have a firm grasp of the damages you can seek from the defendant, and their liability is clear, attempting to navigate a serious personal injury case without legal representation is very risky and likely to pose unexpected challenges you are not prepared to address on your own. Hiring legal counsel you can trust allows you to rest and recover with confidence knowing your case is in reliable hands.

What Happens If I Am Partially at Fault for My Catastrophic Injury?

Texas enforces a modified comparative negligence rule that can come into play in any case in which a plaintiff bears partial responsibility for causing their claimed damages. If your case reveals that you bear partial fault, the judge will assign you a fault percentage. As long as your fault is less than 50%, you can still recover damages, but you will lose a percentage of your case award to reflect your shared fault. For example, bearing just 10% in a $500,000 case would mean losing $50,000 of your recovery. Your Houston catastrophic injury attorney can advise you as to whether this statute could apply to your case.

If you are ready to explore your legal options for recovering your damages after any catastrophic injury, contact the Law Office of Joseph Ruiz, PLLC to schedule your consultation with a Houston catastrophic injury attorney.