There are several injuries that may be considered catastrophic. These types of injuries may produce long-lasting symptoms or could eventually contribute to someone’s passing. The cost of care and other injury-related losses can also negatively impact an injured person’s quality of life.
If you or a loved one suffered catastrophic injuries due to another party’s negligence, you have the opportunity to work with an Arlington personal injury lawyer. A lawyer can review the extent of your impairment and calculate the cost of your damages. They can also gather evidence to show how another party acted negligently.
Call Loncar Lyon Jenkins today for a free consultation about hiring an Arlington catastrophic injuries lawyer.
Your Lawyer Will Fight for Your Right to Compensation
If another party caused your accident, a lawyer will defend your right to fair compensation. Under Texas Civil Practice and Remedies Code §16.003, you typically have two years to file a personal injury or wrongful death lawsuit. To protect your legal interests, consider hiring a lawyer as soon as possible.
Some of the benefits of hiring a personal injury lawyer from Loncar Lyon Jenkins include:
- They may have access to resources (such as accident reconstruction experts) to make your case as strong as possible.
- They have knowledge of relevant laws.
- They may have experience handling cases related to catastrophic injuries.
- They will defend your rights.
- They will document your injuries and determine the value of your damages.
- They will complete the obligations needed to complete your case.
Your lawyer is your legal advocate during this trying time. You can call Loncar Lyon Jenkins today to learn more. Contact our Arlington catastrophic injury attorneys today.
Our Lawyers Can Prove a Party’s Negligence in a Catastrophic Accident
One of our attorneys’ main tasks is proving the other party’s negligence. As your legal representation, we need to demonstrate the following factors:
- The other party owed you a duty of care. For example, anyone operating a motor vehicle has a basic duty of care to motorists and pedestrians.
- This party then did not uphold the duty of care to you. In the case of a negligent driver, this could mean they were speeding or driving while intoxicated, among other behaviors.
- You have injuries and other losses. This is where our lawyers show proof of your catastrophic injuries by calling on expert testimonies, medical bills, and other forms of proof.
- The other party’s behavior or actions resulted in your injuries and losses. The negligent party’s actions were the direct cause of your losses.
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Injuries That May Be Considered Catastrophic
There is no specific guide for which injuries qualify as catastrophic. Instead, catastrophic injuries are based on the health outcomes that they produce. HealthCare.gov notes that a catastrophic injury may be an impairment that results from a person “getting seriously sick or injured.”
The following conditions may qualify as a catastrophic injury:
Spinal Cord Injury
Spinal cord injuries may cause partial or complete paralysis. An injury to your spine may result in:
- A permanent loss of sensation in the affected body parts
- A permanent loss of strength in the affected body parts
- A loss of other bodily functions
The prognosis for a spinal cord injury varies from one patient to the next, and caring for someone with a spinal cord injury can be exorbitantly expensive. Yet, the healthcare costs stemming from a spinal cord injury may be only one aspect of your injury-related losses.
When seeking damages for this type of injury, we will consider future losses and expenses. Your bills do not end with the hospital, especially if you have to make adjustments to your home to accommodate your disability.
Traumatic Brain Injury (TBI)
A TBI is another injury that may permanently alter your physical abilities. Damage to your brain could also affect your ability to process information, act rationally, or just be yourself. The effects of a TBI may change your life forever.
Loss of One or More Limbs
Certain accidents may cause a limb or another body part to be severed. If you lose a limb in an accident, you may need surgery, physical therapy, and prosthetics. In any case, the loss of a body part may be catastrophic, whether physical or functional. The emotional toll of an amputated limb or another catastrophic injury cannot be understated, either, and we will fight for all the non-economic damages you deserve.
Other injuries may qualify as catastrophic. Your lawyer will consider all of the ways that an injury has impacted you or a loved one. They will use their findings as the basis of your personal injury case. You can call Loncar Lyon Jenkins today to learn more.
For a free legal consultation with a catastrophic injury lawyer serving Arlington, contact us today.
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Evaluating Damages for a Catastrophic Injury Claim in Arlington
To determine how much your Arlington catastrophic injury claim is worth, your attorney will need to closely evaluate how your injuries have affected your life. Losses will be separated into two categories known as economic and non-economic damages.
Econiomic Losses in a Catastropic Accident
Economic damages are monetary and include all of your financial losses. Some of the most commonly awarded economic damages in Arlington catastrophic injury claims include:
- Lost income
- Diminished earning capacity
- Unexpected childcare costs
- Household upkeep and maintenance fees
- Costs of prescription medications and medical equipment
- Hospital bills and other medical expenses
- Property damages
Non-Economic Losses After an Accident
Non-economic damages consist of how your life has been impacted by your injuries. However, non-economic damages do not have a direct monetary value. This makes them more difficult to quantify. This also means these damages can affect every person’s life differently and at a greater or lesser value.
Some of the more common types of non-economic damages awarded in Arlington catastrophic injury claims include:
- Physical pain and suffering
- Inconvenience
- Emotional distress
- Diminished quality of life, which could include mental health conditions and chronic pain
- Loss of consortium
- Disfigurement and skin scarring
Catastrophic Injuries Are Life-Changing
Catastrophic injuries can take an immense toll on your quality of life.
The adjective “catastrophic” may refer to:
- The financial cost of your injuries
- The physical symptoms of your injuries
- The cognitive, emotional, and psychological effects of your injuries
- The ways that an injury negatively affects your wellbeing
At Loncar Lyon Jenkins, we understand the impact that a catastrophic injury can have on your life. Let us hold someone responsible for their negligent actions, so give us a call today.
Inability to Work
Catastrophic injuries may prevent you from working or significantly reduce your earning capacity. You may have to change jobs, work fewer hours, or stop working altogether due to the cognitive or physical symptoms of your injury.
If your injury left you unable to work, your lawyer can determine your lost income and reduced future earning capacity. If you were left permanently disabled, your lawyer can also seek compensation for this expense.
Mental Health Conditions and Emotional Trauma
Catastrophic injuries may change your life in an instant, and coming to terms with your new life may be overwhelming. As a result, you may develop mental health conditions, such as anxiety or depression.
You may also require counseling and medications to stabilize your mental health. The cost of your mental health care can be included in your claim.
Changes in Your Relationships
You may not be the same person that you once were because of a catastrophic injury. This may change how you interact with others, impacting your relationships with your friends, spouse, and colleagues.
Texas recognizes “loss of consortium” as a recoverable loss. If your injuries caused negative changes in your relationship with your romantic partner, you may be able to collect compensation for this expense.
An Arlington catastrophic injuries lawyer will seek compensation to cover your injury-related expenses. Call Loncar Lyon Jenkins for a free consultation today.
Common Ways Catastrophic Injuries Occur
Under the worst circumstances, there are seemingly endless ways catastrophic injuries can occur. However, some types of accidents and incidents are known for producing catastrophic and debilitating injuries more frequently than others.
Some of the more common types of accidents and incidents we see in the Arlington civil court system include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Slip and fall accidents, dog bites, and other premises liability cases
- Defective products claims
These are only a few of the more common ways catastrophic injuries can occur in Arlington. If you suffered a life-threatening or catastrophic injury that was caused by another type of accident or incident, you may have grounds for legal action against the liable party.
Explore your options further when you contact our office for a free case review.
What Laws Could Impact Your Catastrophic Injury Claim?
Multiple personal injury laws in Texas could have an impact on your Arlington catastrophic injury claim. If you hope to be prepared for what’s to come, it is essential to understand how these laws could affect your injury settlement.
Here are the most important personal injury laws you need to know if you are moving forward with a catastrophic injury claim in Arlington:
- Texas is a fault state for car accidents and insurance purposes. If you are involved in an accident, you will need to file a claim with the liable parties auto insurer as opposed to your own auto insurance company.
- Under the law, you can share liability for your injuries and still be awarded compensation for your damages. This is known as proportionate responsibility. As long as your portion of fault does not exceed 50%, you move forward with your claim. However, expect your injury settlement to be reduced in proportion to your percentage of fault. For example, if you were found to be 30% responsible for the accident, it would be reasonable to expect your injury settlement to be reduced by 30%.
Depending on the type of accident that caused your catastrophic injury, there are other personal injury laws in Texas that could affect the outcome of your case. For example, if you were injured in a slip and fall accident, the state’s open and obvious doctrine may impact your case.
You can find out more about which laws will affect your compensation when you contact our catastrophic injury lawyer for guidance and support.
Let our Arlington Personal Injury Attorneys Help With Your Catastrophic Injury Case
Catastrophic injuries can completely transform your quality of life. However, while you adapt to your circumstances, there is help available. An Arlington catastrophic injuries lawyer can help you secure financial recovery for your injury-related losses.
You do not need to go through the legal process alone. To explore your legal recourse options, call Loncar Lyon Jenkins today.