Understanding Serious vs. Catastrophic Injuries in Texas

Understanding the difference between a serious vs. catastrophic injuries in Texas is important as it can help determine what kind of lawyer you will need and what kind of compensation you should seek. This article discusses the key differences between the two types of injuries and offers tips on how to choose the right attorney.

What Is a Catastrophic Injury?

A catastrophic injury is a severe injury that has long-term repercussions. While a serious injury causes significant pain and requires medical attention, you will eventually recover from your injuries. A catastrophic injury, on the other hand, impacts your ability to live independently. As a result, you may require a lifetime of care and medications.

Serious injuries disrupt your life in the short term while catastrophic injuries disrupt your life permanently. A vehicle accident that results in a broken leg is one example of a serious injury. While you may need surgery or short-term medical attention, you should recover completely within a few months. In contrast, a catastrophic injury – such as a brain injury – can leave you handicapped for life, resulting in the need for lifelong care.

What Kinds of Injuries Fall Under Catastrophic Injuries?

A catastrophic injury is typically far more severe than a broken leg or a deep cut. Catastrophic injuries include:

Traumatic Brain Injuries

Traumatic brain injuries can lead to permanent brain damage or other issues like memory loss, confusion, and behavioral changes. Besides limiting one’s ability to work, these injuries require long-term medical care.

Amputations

Amputations typically impact a person’s ability to perform daily tasks, such as eating or dressing, and eventually require prosthetics. People who suffer amputations must also adapt to new ways of doing things.

Spinal Cord Injuries

Spinal cord injuries can result in paralysis or partial paralysis. This life-changing injury often requires an assistive device, such as a wheelchair, as well as a lifetime of care.

Severe Burns

Severe burns, categorized as third-degree burns, penetrate the three layers of skin and the fatty tissues. They can also cause disfigurement and loss of function in the injured area.

Organ Damage

Damage to organs can be life-threatening and have long-term negative effects. Some people who suffer from organ damage may need an organ transplant.

Hearing or Vision Loss

The loss of vision or hearing has a profound effect on the ability to perform everyday tasks, such as driving. Rehabilitation often involves adapting to a new way of life or incorporating visual or hearing aids.

Neurological Injuries

Severe neurological injuries can result in nerve damage and loss of motor control. These can be caused by falling off a ladder or a building. These injuries often force people to adapt to new ways of performing daily tasks.

How Do You Determine If Your Injury Is a Serious Injury or a Catastrophic Injury?

Deciding whether your injury is a serious injury or a catastrophic injury will largely determine what kind of lawyer you should get to represent you: a serious injury attorney versus a catastrophic injury attorney.

Signs You Have a Serious Injury

If you have a personal injury that will heal over time with the right medical treatment, it’s most likely you have a serious injury.

• Fractures, Sprains, Dislocations, and Broken Bones: If you have a fracture, a sprain, or a broken bone, you may need surgery and a cast. However, with time, your bones will mend themselves and your intense pain will subside. Dislocations will also heal over time.
• Bruising, Swellings, and Deep Cuts: Bruising, swellings, and deep cuts may need months to heal. In addition, you will require medication to help manage the immediate pain. However, these injuries will not affect your mobility in the long term.
• Medical Treatment: If you have a serious injury, you may require stitches, surgery, and physical therapy. However, you should recover fully with minimal side effects.
• Recovery Time: People with serious injuries need a few weeks to a few months to fully recover. During this time, you will be in a significant amount of pain. After a few months, this pain should subside and you may be able to resume many of your day-to-day activities.

Signs You Have a Catastrophic Injury

When you have a catastrophic injury, your injuries will be far more severe, and the damage is often for life.

• Permanent Loss of Function: A catastrophic injury involves a permanent loss of function to a body part. This could mean paralysis, loss of a limb, loss of hearing, loss of vision, and more. This permanent loss of function will mostly likely affect your ability to work and your day-to-day activities, such as walking.
• Impact on Daily Life: A catastrophic injury may significantly reduce your ability to work or perform basic tasks, such as eating, dressing, and bathing. As a result, you may need daily assistance.
• Lifelong Medical Care: A catastrophic injury often requires lifelong medical care. This could include a wheelchair, a ventilator, or even ongoing surgeries.
• Unable to Work: If your injury makes it impossible to continue working, then you probably have a catastrophic injury. Such injuries include ones that limit your physical movement or impair your cognitive abilities.
• Emotional and Psychological Damage: Catastrophic injuries typically come with psychological and emotional damage, such as depression, anxiety, and PTSD (post-traumatic stress disorder).

What Kind of Compensation Can You Get for a Catastrophic Injury in Texas?

When you submit a catastrophic injury claim, it’s important to submit all the information you’ll need to prove your case. An experienced catastrophic injury lawyer can guide you through the process. Here is the compensation you can get for your catastrophic injury in Texas.

Medical Expenses

If you have a catastrophic injury, you will probably require medical care for the rest of your life.

Compensation can cover:

• Hospital stays
• Emergency treatment immediately after your injury
• Physical therapy
• Assistive devices, such as wheelchairs, ventilators, and prosthetics
• Long-term care, such as in-home assistance

Lost Wages and Lost Earning Capacity

A catastrophic injury can impact your ability to work.

Compensation can cover:

• Lost wages: Wages that were lost immediately following the injury
• Lost earning capacity: If your ability to work has been severely limited, you may be compensated for the earning difference between what you earned before your injury and what you are earning now.

Pain and Suffering

Catastrophic injuries cause an intense amount of pain and suffering.

Compensation can cover:

•  Chronic pain: If your catastrophic injury leaves you suffering from chronic pain, you can be compensated for your pain.
• Emotional suffering: You may be suffering depression, PTSD symptoms, and anxiety.

Disability and Disfigurement

Some catastrophic injuries result in permanent disability and disfigurement, such as scars.

Compensation can cover:

• Permanent disability: You may receive compensation if your catastrophic injury prevents you from having a fully independent life, relying instead on wheelchairs and other devices.
• Disfigurement: If you have scars or severe burns on your body, you may be compensated for the physical impact on your appearance.

Loss of Companionship

Some catastrophic injuries can affect relations with spouses.

In this case, compensation can cover:

• Your Partner: You may be compensated if you are unable to maintain the same relationship with your spouse or partner due to your injury, such as sexual relations.
• Your Family: Your family may also be compensated if you – as the primary caregiver – can no longer support or care for them.

Punitive Damages

If the person or company responsible for your injuries was due to recklessness or malicious intent, you may receive punitive damages. This is the court’s way of punishing the responsible party to deter similar behavior in the future.

It’s important to note that Texas is a modified comparative fault state. This means if you are partially at fault for your catastrophic injury, you may not receive full compensation.

Hiring a Lawyer for Your Injuries

When you’ve suffered a severe injury, finding the right lawyer is crucial as it can determine the amount of compensation you will receive. Here are the types of lawyers you should consider.

Catastrophic Lawyer

An experienced catastrophic injury lawyer specializes in cases where the injury demands lifetime medical care, such as damage to an organ or an amputation. The lawyer will help you get compensation for ongoing medical care, lost wages, lost earning capacity, and more, to ensure you get financial support for the long term.

When you hire a catastrophic injury attorney, your attorney will work closely with your medical staff to determine the medical care you need and the impact it will have on your life. Catastrophic injury attorneys can also represent you in court to ensure you get the compensation you deserve.

Severe Burn Injury Lawyer

A severe burn injury is one of the most painful types of injuries. Moreover, there is often disfigurement and scarring. A severe burn injury lawyer specializes in cases that involve chemical accidents, fires, or electrical accidents.

A severe burn injury attorney is often aware of the ongoing medical treatment burn victims require, such as skin grafts, surgeries, and rehabilitation. Experienced attorneys can ensure that you are compensated for your medical expenses as well as the psychological toll that comes with your disfigurement. They will also work with plastic surgeons and burn specialists to determine the cost of the ongoing medical care you’ll need.

Brain Injury Lawyer

Contact a brain injury lawyer if you have suffered a traumatic brain injury or TBI. A brain injury can result in cognitive impairment, affecting your ability to earn an income or perform daily tasks. Some brain injuries can result in memory loss.

An experienced brain injury attorney will build a case with medical experts, such as neurologists, to determine the full extent of your brain injury and how it impacts your life.

Serious Injury Lawyer

If you have a serious injury rather than a catastrophic injury in Texas, reach out to a serious injury attorney. Even though you will probably fully recover from your injuries, you may still experience short-term debilitating pain, medical bills, and lost wages. A knowledgeable serious injury lawyer can help gather evidence and secure a fair settlement that covers all your medical expenses and compensates you for any lost wages.

Choose the Right Lawyer

Choosing the right lawyer in Texas is crucial. The right attorney can gather evidence, guide you throughout the process, and ensure you receive the compensation you deserve.

Here are some factors to consider:

Experience

Choose an attorney who has handled cases similar to yours. If you have a severe burn, for example, seek out a severe burn injury attorney who understands the challenges you’re facing.

Reputation and Reviews

Do thorough research and read reviews. Look for attorneys who have positive reviews and have secured good settlements for their clients.

Communication

The client-lawyer relationship is important, and you should feel listened to and valued. Find an attorney who responds to your emails or texts quickly and keeps you informed throughout the process.

Resources

An attorney must gather evidence to build a case. This requires a variety of resources, such as medical experts and investigators. Find an attorney who has access to a large pool of resources.

Need a catastrophic injury lawyer in Texas? Contact us to schedule a consultation