Any injury serious enough to require professional medical care can justify a civil lawsuit if it stems directly from someone else’s negligence. However, some injuries are so severe that no amount of medical treatment or financial restitution can completely erase their effects. Spinal cord trauma, brain damage, loss of limb, and other irreversible injuries with debilitating consequences are uniquely difficult to file suit over, especially if you try to do it on your own.

Fortunately, you do not have to enforce your right to civil recovery alone. A seasoned Austin catastrophic injury lawyer can work diligently on your behalf to ensure you receive the full compensation possible for the harm you have suffered. Our personal injury attorneys at Fleming Law have the experience and legal expertise necessary to handle all kinds of catastrophic injury claims.

Proving Fault for a Catastrophic Accident

In purely legal teams, catastrophic injuries—a colloquial term used by legal professionals, court authorities, and sometimes healthcare providers for injuries with permanent and debilitating consequences—are no different from any other type of personal injury. In order to hold someone legally liable for damage stemming from a catastrophic injury, you need to prove them directly at fault for causing the injury through a reckless or careless breach of a duty of care they owed you.

Where catastrophic injury claims are unique is in the scope and severity of compensable damages, which injured plaintiffs often need to seek restitution for. In addition to emergency medical bills, missed work paychecks, and physical pain and suffering, you can and should account for various other economic and non-economic forms of harm that an injury will cause you years or even decades in the future. These damages may include:

  • Costs of future rehabilitative and disability management care
  • Lost working and earning capacity
  • Disability-related expenses for mobility aids, home modifications, etc.
  • Psychological trauma and distress
  • Lost overall enjoyment of life

During a private initial meeting, an Austin attorney can answer questions about what losses you should incorporate into a potential catastrophic injury claim.

What Filing Deadlines Apply to Catastrophic Injury Claims?

Getting help from a skilled legal professional can be crucial to streamlining the entire civil litigation process after a catastrophic injury. This can be crucial not only to maximizing your chances of case success but also to ensuring you are able to file the strongest lawsuit possible within the time limits prescribed by state law.

Even if your injury will fundamentally change your life and never fully heal, Texas Civil Practice & Remedies Code § 16.003 will limit you to just two years to file suit, starting from the date the injury was sustained or discovered. Collecting comprehensive evidence and identifying all of your long-term losses in a short time frame can be challenging. Contacting a lawyer as soon as possible should be a top priority for anyone who has suffered a catastrophic injury in Austin.

Speak With an Austin Attorney About Your Catastrophic Injury Case

Suffering a permanent injury because of someone else’s negligence is a devastating and often infuriating experience. However, it is vital to remain calm and proactive so you can more effectively hold the at-fault party responsible for the harm their misconduct has caused you.

An Austin catastrophic injury lawyer can be the steadfast ally you need to achieve the best possible resolution to your lawsuit or settlement demand. Call us today to discuss your options and start working on your claim.