Aldous Law is different from other law firms because we go above and beyond to ensure that our clients have access to the representation they deserve. We aren’t just in it because it’s our job: we’re passionate about what we do because we believe in the importance of what we do. Our mission is providing skilled trial advocacy.
What is a Catastrophic Injury in Texas?
In Texas, there isn't a legal definition of "catastrophic injury" itself. However, the state does define "serious bodily injury" which is often used to describe catastrophic injuries.
A serious bodily injury in Texas is one that results in:
- Serious permanent disfigurement
- Prolonged loss or impairment of a body part's function
- A substantial risk of death
- Death itself
Catastrophic injuries, by definition, are severe and permanent. They significantly affect a person's ability to live their life normally, including:
- Working
- Daily activities
- Mobility
- Senses
- Mental capacity
If you have suffered a serious injury in Texas, it's important to consult with an attorney to understand your legal rights and options.
Common Examples of Catastrophic Injuries
- Spinal cord injuries causing paralysis
- Severe brain injuries leading to cognitive difficulties
- Amputations of limbs
- Extensive burns
- Multiple fractures or crush injuries requiring extensive rehabilitation
- Vision or hearing loss
- Injuries from an explosion
- Injuries caused by medical malpractice
- Birth injuries
- Auto accidents
- Big rig accidents
Who Can File a Catastrophic Injury Claim in Texas?
In Texas, typically the following parties can file a catastrophic injury claim:
- The Injured Person: This is the most common scenario. If you yourself have suffered a catastrophic injury, you have the right to file a claim against the party responsible for your injuries.
- Spouse or Guardian: If the injured person is unable to file a claim themselves due to the severity of their injuries or mental incapacity, their spouse or legal guardian can file on their behalf.
- Estate Representative: In tragic circumstances where the catastrophic injury results in death, the deceased's estate representative, typically the executor or administrator appointed by the court, can file a wrongful death claim.
Texas has a modified comparative negligence rule. This means that the injured party's compensation can be reduced based on their percentage of fault for the accident. If you are more than 50% at fault, you will be barred from receiving any compensation.
How to Prove Catastrophic Injury in Texas
Proving a catastrophic injury in Texas involves demonstrating two key aspects: the severity of your injury and the other party's fault for causing it.
Medical Evidence:
- Medical Records: This is the foundation of your case. Gather all medical records documenting your injury, diagnosis, treatment plan, prognosis, and future medical needs.
- Doctor's Reports: Detailed reports from your doctors explaining the nature and extent of your injuries, their permanence, and the impact on your daily life are crucial.
- Specialist Opinions: Consultations with specialists like neurologists, orthopedists, or rehabilitation specialists can provide deeper insights into your long-term limitations.
Evidence of Impact:
- Loss of Earning Capacity: Document your income before the injury and lost wages due to missed work. If future employment is impacted, provide expert testimony or vocational rehabilitation assessments.
- Daily Living Assistance Needs: If you require help with daily tasks like bathing, dressing, or transportation, document this through home care services or family assistance.
- Pain and Suffering: While subjective, document the severity and duration of your pain through medical records and personal journals.
Evidence of Fault:
- Accident Reports: Police reports, accident scene photos, and witness statements can establish how the accident happened and potentially assign fault.
- Expert Testimony: Depending on the cause of the injury, accident reconstruction specialists or product liability experts may be needed to solidify your case.
How Long Do I Have to File a Catastrophic Injury Claim in TX?
In Texas, the general deadline for filing a catastrophic injury claim, or any personal injury claim for that matter, is two years from the date of the accident or injury. This is governed by the state's statute of limitations [Texas Civil Practice & Remedies Code section 16.003].
Why Should I Call Aldous Law?
Many law firms have skill and impressive results. So do we, but that’s not our most valuable asset. We believe that our passion for what we do is what matters most and makes the biggest difference in our firm’s handling of important injury cases. We personally handle every case, and we keep our docket small so that we can give the cases we take on the focus and attention they deserve. As a result, our whole staff works on each case together.
At Aldous Law, we firmly believe in the importance of what we do. We believe in the fact that our work in the legal profession can make a difference! Sure, we have case results solid enough to stand up with the best of the firms out there—but more importantly, we have a strong commitment to our clients, and the knowledge that, no matter what, their interests and well-being come first. When we take on a case, it's proof that we believe in your case.
Real. Passionate. Trial Lawyers.
At Aldous Law, our Dallas catastrophic injury lawyers are not afraid to go to trial. Attorney Charla Aldous alone has tried over 200 cases. We treat our clients like family, ensuring that every client has access to needed help and attention. Our entire team works together on each case—including our on-staff nurse, who provides important insight into personal injury and medical cases.
For more information about what we do at Aldous Law, please don’t hesitate to contact our team at (214) 526-5595 and set up a free consultation.
