Catastrophic injuries are life-altering events that can rob individuals of their health, independence, and future. These injuries often occur due to someone else’s negligence or failure to uphold safety standards. For victims in Dallas, understanding the root causes of these injuries and identifying who may be legally responsible is the first step toward seeking justice and compensation.
Who Can Be Held Liable Under Texas Law?
Liability for a catastrophic injury varies depending on the circumstances. Whether caused by a reckless individual, malfunctioning product, or unsafe conditions, Texas law holds responsible parties accountable for their negligence. Some examples of who may be legally liable for these types of injuries:
- Negligent Drivers: Reckless or impaired drivers who cause motor vehicle accidents.
- Employers or Third-Party Contractors: Companies that fail to provide safe work environments.
- Doctors, Nurses, and Hospitals: Healthcare providers responsible for medical malpractice.
- Product Manufacturers or Distributors: Businesses that release defective or unsafe products.
- Property Owners or Businesses: Owners who neglect to maintain a safe environment.
- Security Companies or Landlords: Parties that fail to provide adequate security in high-risk areas.
Individuals vs. Businesses
Liability may fall on an individual or a business, depending on the situation. For instance, in a car accident, the negligent driver is usually liable. However, if the driver is working for a company at the time of the crash, the employer may also be held responsible.
Businesses are often held to higher standards because they have more resources to implement safety measures. For instance, a property owner is expected to ensure their premises are free from hazards, while manufacturers must rigorously test their products before releasing them to the market.
Shared Fault and Texas’s 51% Bar Rule
Texas follows a modified comparative fault system, also known as the 51% Bar Rule. This means an injured person can recover damages as long as they are not more than 50% at fault for the incident. If you’re found to be partially responsible, your compensation will be reduced by your percentage of fault. For example, if you’re found 25% at fault, your total award will be reduced by 25%.
Understanding the nuances of liability is essential, as shared fault can dramatically impact your ability to recover compensation. This is why discussing your case with a dedicated personal injury lawyer is crucial.
7 Most Common Causes of Catastrophic Injuries in Dallas
Catastrophic injuries often stem from preventable incidents. Here are the most common causes and how liability typically applies to each:
1. Truck Accidents
Due to their size and weight, truck accidents often lead to devastating injuries. Causes include driver fatigue, overloaded cargo, speeding, or poorly maintained vehicles. Liability could fall on the truck driver, trucking company, or maintenance provider.
2. Oil and Gas Explosions
Texas’s energy industry carries inherent risks. Workers can suffer severe burns, traumatic brain injuries (TBIs), and fatalities due to explosions caused by equipment failures, insufficient training, or safety violations. Employers, contractors, or equipment manufacturers are often held liable.
3. Medical Malpractice
Errors in healthcare can have catastrophic consequences, including paralysis, brain damage, or birth injuries. Common mistakes include surgical errors, anesthesia complications, or medication mistakes. Liability often includes doctors, nurses, hospitals, or other healthcare providers.
For instance, if a surgical instrument is left inside a patient, the surgeon and hospital may share accountability due to negligence.
4. Construction Site Injuries
Construction workers face high risks, with injuries ranging from falls to machinery accidents. Common causes include unprotected heights, defective equipment, or poor supervision on-site. Liable parties may include property owners, contractors, or equipment suppliers.
5. Defective Products
From medical devices to car parts, defective products can result in catastrophic harm. For example, a malfunctioning airbag may fail to deploy correctly during a car crash, causing severe injuries. Under Texas product liability laws, manufacturers, distributors, and retailers can all be held responsible for unsafe products.
6. Rideshare & Car Accidents
High-speed collisions are a leading cause of TBIs, spinal cord injuries, and amputations. When a rideshare driver for services like Uber or Lyft is involved, determining liability can get complicated. Both the driver and the rideshare company may share responsibility, depending on the circumstances.
7. Violent Assaults on Unsafe Properties
Assaults, shootings, and other violent crimes often occur in places that lack proper security, like parking lots, apartment complexes, or nightclubs. These incidents result in injuries such as gunshot wounds, broken bones, and emotional trauma. Property owners, landlords, or event organizers who fail to address known security risks can be held liable.
At Aldous Law, our personal injury lawyers are prepared to fight for your rights. You deserve compensation for your injuries, and we’re here to make sure that happens.
Why Legal Representation in Dallas Matters
After experiencing a catastrophic injury, victims often face overwhelming medical costs, permanent disabilities, and emotional suffering. Navigating the legal system on top of these challenges can feel impossible without professional help.
Here’s why hiring a catastrophic injury lawyer matters:
- Case Investigation: Lawyers conduct thorough investigations to uncover evidence of negligence.
- Proving Financial Losses: Lawyers ensure all medical costs, lost income, and emotional damages are accounted for in your claim.
- Negotiating with Insurers: Insurance companies often aim to minimize payouts. Your lawyer will fight for the compensation you deserve.
At Aldous Law, our attorneys are well experienced in representing victims of catastrophic injuries. We’re committed to building strong cases and supporting you through every step of the legal process.
Time Limits to File a Catastrophic Injury Lawsuit in Texas
Texas has strict rules regarding how long you have to file a personal injury lawsuit. The statute of limitations for catastrophic injury claims is generally two years from the date of the incident. If you fail to file within this window, you lose the right to pursue compensation.
However, exceptions may apply. For example, if the injury involves medical malpractice, the clock might start ticking once you discover the harm, rather than the date of the procedure. Consulting with an attorney as soon as possible ensures your case is filed on time.
Take Back Your Power
If you or a loved one has suffered a catastrophic injury in Dallas, or anywhere in Texas, you don’t have to face the aftermath alone. Aldous Law is here to help you pursue justice and secure the compensation you need to rebuild your life. Contact us today to schedule a consultation.
When it comes to protecting your rights, time is of the essence. Reach out to a trusted Dallas catastrophic injury lawyer and take the first step toward healing and justice.
