Austin Catastrophic Injury Attorney
Have you suffered a catastrophic injury in Austin or surrounding areas caused by someone else’s wrongdoing? The injury law team at Loewy Law Firm can help. Catastrophic accidents can lead to lifelong disabilities, extensive medical bills, lost wages, and other losses that can be difficult to manage. You should not have to bear those burdens because of someone else’s negligence.
The Austin catastrophic injury lawyer at Loewy Law Firm specializes in representing clients with severe injuries that significantly impact their lives. Our expert serious injury attorney, Adam Loewy, can provide the guidance and support you need in your catastrophic accident case.
What Is a Catastrophic Injury?
Under Texas law, a catastrophic injury is known as a serious bodily injury. It is defined as an injury that creates a substantial risk of death, causes death, or causes:
- Serious permanent disfigurement;
- Protracted loss; or
- Impairment of a bodily function
Examples of Catastrophic Injuries
Catastrophic injuries are serious injuries that can cause significant cognitive or physical impairments. Some examples of catastrophic injuries are:
- Traumatic brain injuries (TBI): A TBI is a serious injury to your brain that can cause cognitive, physical, and emotional impairments. Traumatic brain injuries happen when a sudden forceful impact on your head or body causes your brain to bounce back and forth in your skull. It can also occur if an object penetrates your skull.
- Spinal cord injuries: These injuries can result from car crashes, falls, or sporting incidents. A spinal cord injury is an injury to your spine that can cause paralysis or weakness in your body.
- Severe burns: Burns can cause permanent scarring and disfigurement. Severe burns can also cause long-lasting, severe physical and emotional pain.
- Amputations: When you lose a limb or body part, it is a catastrophic injury because it causes a significant impact on how you function in your day-to-day life.
- Organ damage: Trauma to your organs can cause long-term complications and even death. Because of this, organ damage constitutes a catastrophic injury.
- Broken/Fractured bones: A fractured or broken bone is not only painful but can be uncomfortable and stressful for the victim. Depending on which bone was located, the victim may need to have the area immobilized. In cases where the spine was targeted, it may result in life-long consequences.
- Choking injuries: All too often, children are victimized by accidents from a product or toy that is either mislabeled, defective in nature, or given without proper supervision. For example, some toys are cheaply made and have parts that can disconnect and become lodged in the child’s throat – posting a serious choking hazard.
- Neck/Back injuries: The neck and back are fundamental to the normal functioning of the human body. If a fall or blunt blow injures them, it can mess up the alignment of the spine and cause damage to the tissues, ligaments, and muscles that make up the area – causing pain, trouble with moving, and the like.
These are just a few examples of catastrophic injuries. If someone’s negligence has caused your long-term or permanent disability or impairment, you may have a valid catastrophic injury claim.
Common Causes of Catastrophic Injuries
Catastrophic injuries can occur because of a variety of circumstances, including accidents, medical malpractice, and intentional acts of violence. Some common causes of catastrophic injuries are:
- Car crashes: Collisions in car accidents can cause catastrophic injuries, such as TBIs and spinal cord injuries.
- Workplace accidents: Accidents on construction sites or at work can lead to catastrophic injuries, such as severe burns, paralysis, or limbs that have endured so much damage that they require amputation.
- Falls: Falls from heights or on slippery surfaces can cause catastrophic injuries, such as TBIs, organ damage, and spinal cord injuries.
- Sporting injuries: Contact sports can lead to catastrophic injuries, such as TBIs and spinal cord injuries.
- Acts of violence: Shootings and stabbings can cause catastrophic injuries, such as spinal cord injuries and organ damage.
How Can a Catastrophic Injury Attorney Help?
A Loewy Law Firm catastrophic injury attorney can make a substantial difference in your case. Our legal team can help by doing the following:
- Investigating the cause of your injury
- Determining the extent of your losses
- Negotiating with the insurance company and negligent parties
- Filing a personal injury lawsuit
- Providing legal guidance and support
- Advocating for your rights
A catastrophic injury attorney can provide valuable resources and support to help you navigate the legal system and seek compensation.
Evidence Used to Support a Catastrophic Injury Claim
The evidence you use to support your claim can be critical to the success of your case. Here are some examples of evidence that you may use to support a catastrophic injury claim:
- Medical records: Your medical records can help establish the severity and extent of your injuries. Keep any bills or receipts to show your medical expenses.
- Witness statements: Statements from witnesses who saw the incident can help establish how your injury occurred and who was at fault.
- Expert opinions: When you sustain a catastrophic injury, you may need to hire medical experts to determine your ongoing medical needs. By reviewing the facts of your case, an expert witness can help establish how much compensation require.
- Police reports: If there is a police report for the event that caused your injury, it may be useful in establishing fault and supporting your claim.
- Photos and videos: You can use photos or videos documenting the scene of the accident or your injuries as evidence.
- Employment records: When you are seeking lost wages or reduced earning capacity compensation, employment records can be helpful.
- Financial records: Your financial records can help support your demand for compensation.
- Rehabilitation therapy records: Your catastrophic injury may require physical therapy. If so, your rehabilitation records can help establish the extent of your injuries and show your recovery timeframe.
Recoverable Compensation for Catastrophic Injuries
When someone else causes your catastrophic injury, you can pursue compensation for your losses. The type of compensation that you can recover depends on the details of your case, but these are some common types of compensation you might be able to recover:
- Medical expenses: This can include past and future medical expenses, such as hospital stays, surgeries, medication, and physical therapy.
- Lost wages: If your catastrophic injury prevents you from working, you are entitled to pursue compensation for your lost wages.
- Reduced future earnings: If you are able to work but cannot perform the same level of work as before your injury, you may be entitled to your difference in wages. For example, if you make 25 percent less than you did before the injury, the liable party could be responsible for that decrease.
- Pain and suffering: Catastrophic injuries can cause physical and emotional suffering. If you experience this, you can demand pain and suffering compensation.
- Home modifications: If your catastrophic injury has required you to make modifications to your home so you can live there, you are entitled to pursue the cost of those home modifications.
- Caregiver expenses: If your injury has made it impossible to live independently, you can pursue the cost of your caregiver expenses.
- Loss of enjoyment of life: If you don’t enjoy your daily life or hobbies like you used to, you may be entitled to this compensation.
- Punitive damages: In cases where your injury occurred as a result of fraud, malice, or gross negligence, you may be eligible to receive punitive damages.
An experienced catastrophic injury attorney can help you determine the type of compensation that may be available in your case. They can also seek the money you deserve.
What Might Reduce My Potential Compensation?
Texas follows a legal principle known as modified comparative negligence. Under this rule, your compensation could be reduced if you contributed to your injury.
Under Texas’s modified comparative negligence rule, you cannot recover compensation if you are 51 percent or more at fault for your injury. However, if you are 50 percent or less at fault, your compensation could be reduced by your assigned percentage of fault.
For example, if the court finds that you were ten percent at fault for your catastrophic injury, you will only recover 90 percent of the costs of your injuries and losses.
Understanding the modified comparative rule is essential to navigating your legal claim.
Timeframe to File a Personal Injury Lawsuit
In Texas, the statute of limitations provides you with a two-year window to file a personal injury lawsuit after the date of the accident. This means that if you do not file your catastrophic injury lawsuit within two years, you will not be able to seek compensation through the court system.
However, it is important to note that there are some exceptions to the two-year filing window. As a result, it’s essential to consult an experienced personal injury attorney to understand how the statute of limitation applies to your case.
Why Choose Loewy Law Firm?
The founder of Loewy Law Firm, Attorney Adam Loewy, is a dedicated personal injury attorney and has received the honor of being named a Texas Super Lawyer.
Additionally, Attorney Loewy is dedicated to providing his clients with the best service possible. In fact, many past clients have praised him for the time he takes to listen to their concerns and the support he provides.
Since starting Loewy Law Firm in 2005, Attorney Loewy has helped clients recover millions of dollars in compensation. With his knowledge and experience in personal injury law, Attorney Loewy can make a substantial difference in the outcome of your case.
Contact the Austin Catastrophic Injury Lawyer at Loewy Law Firm for Help Today
You could pursue compensation if someone’s negligence caused your catastrophic injury. At Loewy Law Firm, we offer free and confidential case evaluations. During this evaluation, we can discuss your options and how to preserve your legal rights. We provide compassionate, attentive advocacy for our clients.
Contact us today at (512) 280-0800 to discuss your case, or you can fill out our online form, and one of our team members will be in touch soon.