If you or a loved one has suffered a catastrophic injury, you know it’s not just about medical bills. These injuries can impact relationships, career paths, and the overall quality of your life.
At Bradford N. Oesch, P.C., our attorney can help you secure the financial support needed to rebuild your life and move forward after a catastrophic injury. We bring years of experience and dedication to personal injury cases in Houston, Texas, and surrounding communities.
We have guided countless clients through the legal process and helped them obtain the compensation they deserve, without the stress and hassle.
We’ll explore the different forms of compensation available to victims of catastrophic injuries, how Texas laws impact personal injury cases, and why you need an experienced attorney to advocate for you.
What Are Catastrophic Injuries?
Catastrophic injuries are severe injuries that result in long-term or permanent disabilities, disfigurement, or significant pain and suffering. These include:
Traumatic brain injuries
Spinal cord injuries (including paralysis)
Severe burns
Amputations
Internal injuries
Neurological damage
Multiple fractures with lasting effects
Victims often face extended recovery periods, significant medical needs, and challenges that can last a lifetime.
What Types of Compensation Are Available?
Compensation in personal injury cases generally falls into two categories: economic damages and non-economic damages.
Economic Damages
Economic damages are intended to cover the actual financial losses resulting from the injury. These damages often include:
Medical expenses: This includes both past and future costs for medical treatments, surgeries, hospital stays, rehabilitation, therapy, medications, and assistive devices like wheelchairs or prosthetics.
Loss of income and earning capacity: If your injury prevents you from returning to work temporarily or permanently, you may be entitled to recover lost wages and diminished earning potential.
Property damage: If your injury occurred in a car accident, for example, you could seek reimbursement for damage to your vehicle or other belongings.
Caretaker and long-term care costs: For victims who need daily assistance or specialized care, compensation can include the costs of caregivers or nursing facilities.
Non-Economic Damages
Non-economic damages are awarded to cover the intangible losses associated with a catastrophic injury. These include:
Pain and suffering: Compensation for the physical and emotional pain caused by the injury, as well as ongoing discomfort or chronic pain.
Loss of enjoyment of life: If your injury prevents you from engaging in activities or hobbies you used to enjoy, this can be another component of non-economic damages.
Emotional distress: The psychological impact of an injury, such as anxiety, depression, or post-traumatic stress disorder (PTSD), may also warrant compensation.
Loss of consortium: When an injury affects close relationships, such as the ability to maintain intimacy with a spouse, you may seek damages for loss of consortium.
Punitive Damages
Although less common, punitive damages may be awarded in cases where the at-fault party acted with extreme negligence or intentional harm. These damages are not awarded to compensate for losses but to punish wrongdoing and deter similar behavior.
Texas Laws and Personal Injury Cases
Texas law has specific regulations governing personal injury cases, including those involving catastrophic injuries. A few key points include:
Comparative Fault
Texas follows a "modified comparative fault" system. This means that you can recover damages if you are not more than 50% at fault for the incident. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found 20% responsible for a car accident, your total award will be reduced by 20%.
Statute of Limitations
In Texas, individuals seeking to file a personal injury lawsuit must adhere to a strict two-year statute of limitations. This period begins on the date the accident or injury occurred. Missing this deadline typically means forfeiting your right to pursue compensation.
Damage Caps
In most personal injury cases, there is no limit on economic damages. However, non-economic damages—such as pain and suffering—are capped in certain situations, like medical malpractice cases. Consulting an experienced attorney can provide clarity on how these laws may apply to your case.
The Importance of Legal Representation in Catastrophic Injury Cases
Battling the legal system or dealing with insurance companies alone can feel like an uphill climb - stressful, exhausting, and overwhelming.
Insurance adjusters often aim to minimize payouts, which can result in settlements that fall far below what you deserve. An experienced attorney will make sure your claim is evaluated accurately and that every avenue of compensation is pursued.
At Bradford N. Oesch, P.C., we work closely with our clients to understand their situation and build a compelling case. We will handle all communication with insurance adjusters, gather evidence, and negotiate settlements (or take cases to trial if needed) in our efforts to secure the maximum compensation.
Personal Injury Attorney Serving Houston, Texas
At Bradford N. Oesch, P.C., we help clients secure the best possible outcomes in their legal issues. Based in Houston, Texas, our practice focuses on personal injury cases, including catastrophic and wrongful death claims, motor vehicle accident claims, workplace injuries, and other injury-related disputes.
Our initial consultation is free, and your case will be handled on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Ready to discuss your options? Contact our office today and take the first step toward justice.
