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Catastrophic Injuries

Dallas Catastrophic Injury Attorney

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What Is 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

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.

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