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
- Spinal cord injuries causing paralysis
- Severe brain injuries leading to cognitive difficulties
- Amputations of limbs
- Extensive burns
- Multiple fractures or crush injuries requiring extensive rehabilitation
- Vision or hearing loss
- Injuries from an explosion
- Injuries caused by medical malpractice
- Birth injuries
- Auto accidents
- Big rig accidents
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.