Catastrophic Injuries

Liability and Damages for Catastrophic Injuries

Texas law allows individuals with catastrophic injuries to seek compensations for economic and non-economic damages. Economic damages are quantifiable (monetary) losses suffered due to the accident, such as:

• current and future medical expenses;
• lost wages.

Non-economic damages are losses that do not have a tangible monetary value, such as:

• emotional trauma;
• pain and suffering.

Keep in mind that Texas operates under modified comparative fault, which means the amount of compensation you may claim as an injured person depends on how at fault you were for the incident. If you were 10% at fault for the catastrophic accident, for instance, you may receive 90% of the damage award.

Note that, due to the serious extent of catastrophic injuries, the damage award in such a case will likely be higher than in a standard personal injury case. Pain and suffering are going to be higher than in an average case, and the lengthy recovery process and possibly multiple surgeries could result in higher medical expenses you may recover. However, the higher the damage award, though, often the tougher the legal battle as the monetary stakes are high for both parties.

The Omar Ochoa Law Firm, though, is equipped to handle this battle. We are committed to supporting our clients and fighting for their right to recovery, no matter what it takes. While we foster a compassionate and comfortable environment in our office with you, we will emerge aggressive and assertive advocates as we face off against the defendant in the negotiation or trial room.

What Is Considered a Catastrophic Injury?

In the context of personal injury litigation, catastrophic injuries are extremely serious injuries that are difficult to recover from and sometimes even permanent. They may be due to serious truck accidents or even oil and gas refinery explosions.

In general, any injury that causes long-term, debilitating symptoms and requires a lengthy recovery process (if possible) is considered catastrophic. For example, injuries that are catastrophic may require live-in care or constant assistance, permanent disability (e.g., paralysis), multiple surgeries, or some other permanent loss in your quality of life.

Some common examples of catastrophic injuries include:

• traumatic brain injuries (TBIs);
• loss of limb or disfigurement;
• blindness;
• spinal cord injuries;
• severe burns.