What is a ‘Catastrophic Injury?’ – Understanding Serious vs. Catastrophic Injuries in Texas

While there is no specific law in Texas describing what catastrophic injuries are, Texas Penal Code Chapter 1 outlines what the state considers serious bodily injury.

What is serious bodily injury?

Specifically, it includes any harm that puts the victim at substantial risk of death or that causes death.

It also covers any injury resulting in permanent disfigurement or the loss of function for any body part or organ.

Put more clearly, catastrophic (serious bodily) injuries meet the following conditions:

• permanent disability
• Require extensive, typically constant, care
• Reduce victims’ quality of life
• Have debilitating symptoms
• Require lengthy, difficult recoveries, if recovery is possible at all

Examples of Types of Catastrophic Injuries

Catastrophic injuries can affect any part of the body. Examples of catastrophic injuries include:

• Severe burn injuries
• Amputations
• Traumatic brain injuries
• Loss of reproductive function
• Spinal cord injuries
• Organ damage
• Loss of sight or hearing
• Brain Damage and TBI

Catastrophic Injury Cases: Victims Have Legal Options in Texas

Though the consequences of severe injuries are life-changing, victims are not without hope or without legal recourse.

You can rely on your family and friends for emotional support and on a skilled injury lawyer for legal support to seek the compensation you require.

Victims with catastrophic injuries often see dramatic changes in their ability to work, have children, support their families, and enjoy previous activities.

Seeking financial compensation from those to blame is one way to make these drastic changes more comfortable and easier. One way to do this is through filing a personal injury claim, which we discuss next.

Filing a Claim for Compensation

Depending on the situation, you may be able to file a catastrophic injury claim against those responsible for your injuries.

You may also be able to file a civil personal injury lawsuit if the insurance policy does not provide enough compensation.

A highly skilled personal injury attorney will help you consider the expenses and burdens you might overlook so you can present a full calculation of your damage demands.

Potential Medical and Other Losses You Could Suffer From Catastrophic Injuries

When you pursue financial relief from the at-fault parties, you can ask for the full amount of your losses, both monetary and non-monetary. Some examples of the economic losses you can claim include:

• Emergency transport by ambulance or helicopter
• Additional transport to special facilities, such as a burn center
• ICU and ER fees
• Initial and additional surgeries, such as skin grafts
• Costs of prosthetic or mobility devices
• Medications
• Travel costs for your treatments
• Lost income while you recover
• Loss of earning potential if you can’t return to your job
• Loss of inheritance for your family
• Costs of renovating your home and vehicle to accommodate physical disabilities
• Value of home nursing care or a nursing facility
• Fees for home services, such as cleaning, maintenance, lawn care, and cooking

There are also a number of intangible damages you can claim to address your pain and suffering. With catastrophic injuries, victims often suffer depression, anxiety, and a number of other emotional and mental concerns.

You must also be compensated for the ways your life has been affected, including:

• Emotional distress over the loss of a limb or ability to walk
• Mental anguish of facing life-altering injuries
• Isolation and loss of society because you can no longer work or engage in activities
• Grief, shock, and embarrassment from the effect of the injuries
• Chronic pain
• Inability to provide guidance and emotional support for your family

Most people are unprepared for all the ways their lives will be impacted.

In addition to the physical injuries and emotional aspects, you may need to spend days and weeks filing for assistance programs if you become blind, lose the use of your arms or legs, or become cognitively impaired.

Victims of catastrophic injuries in Texas can seek both types of personal injury damages, economic and non-economic damages.

You may also be able to request punitive damages, depending on the circumstances of their case.

Why You Should Contact a Personal Injury Lawyer After a Catastrophic Injury

Speaking to a personal injury attorney is probably not the first thing you or your loved ones will want to do following a catastrophic injury, but it is the best thing you can do for your future.

Since your accident case will come with its own unique set of circumstances, you need legal advice from a personal injury lawyer who can navigate your circumstances so you do not risk losing compensation.

With decades of combined legal experience, our personal injury law firm have helped injury victims with serious injury cases. We are prepared to fight for maximum compensation, whether your injuries were caused in a car accident, truck accident, work related injuries or motorcycle accident.

We protect your rights and ensure you receive every dollar you deserve from those who hurt you.

We also work with you when a loved one has been killed or dies after suffering an accident or malicious injury. Our team can guide you through filing a wrongful death claim against those responsible, holding them accountable financially. We know that money can never replace your family members, but it can ease the burden of facing life without them.

For over 20 years, Dax F. Garza, P.C., has successfully represented victims of catastrophic injuries. We will handle your case with tremendous care and put our extensive resources to work for you.

Reach out today for a free consultation, and feel the peace of mind that comes with knowing a compassionate, highly skilled catastrophic injury lawyer is on your side.