How a Catastrophic Injury Changes a Personal Injury Claim

How a Catastrophic Injury Changes a Personal Injury Claim

You can file a personal injury claim against someone or a company for damages for a condition that you are able to overcome. However, catastrophic injuries are permanent, life-threatening, and life-changing. You will likely lead a different life after your catastrophic injury than you did before it. As such, you are entitled to more compensation from a catastrophic injury than a regular personal injury claim.

Require Expensive Rehab and Home Modifications

During the litigation process, your attorney will consider any ongoing rehabilitation costs that you may face and required home modifications to make your home more liveable with your injuries. This goes beyond the medical expenses to include lost wages, loss of the ability to work, and personal damages.

Costs More Over a Lifetime

A catastrophic injury will cost you more over a lifetime than a minor one. Your catastrophic injury attorney will request a larger sum of money or ongoing payments to help defray these costs. This includes costs for long-term care. Depending on whether your catastrophic injury claim is against an individual or a business entity, your attorney may use a different approach to get you the compensation you need.

Common Types of Catastrophic Injury

If you’re unsure if your injury is catastrophic, the following injuries are often considered catastrophic:

  • Spinal cord injuries

  • Brain damage

  • Amputation

  • Severe burns

The Case Could Change

It is possible that a case that starts as a personal injury claim ends up being a catastrophic injury suit, as the extent of the injuries is assessed. If the injured person dies from their catastrophic injury during the course of litigation, the case could potentially change to be a wrongful death suit. Just because you’ve already decided not to pursue legal action at this time does not mean that you are restricted from changing your mind.

Fault-Based State

Since Texas is a fault-based state for car accidents, you have the legal right to recourse for compensation from damages caused by another party. This includes to other types of cases, including defective products and construction accidents. If you suffer a catastrophic injury at the hands of someone else, you may be able to file a lawsuit against that person or company.

Facing a catastrophic injury is an expensive, overwhelming, and life-changing process. By working with a highly skilled and experienced catastrophic injury attorney, you can ensure that you have the best chance of getting the compensation you need to move past your catastrophic injury the best that you can and adapt to your new life. You can discuss your legal options with the attorney to see what they recommend.

Ready to Get Started?

If you believe you have a catastrophic injury claim, contact Roberts Markland LLP today at 713-630-0900 for a free case review and consultation.