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What is Considered a Catastrophic Injury in Texas?

 Posted on June 01, 2021 in Uncategorized

People are seriously injured in a variety of ways, sometimes due to no fault of their own. However, even after people are significantly injured, life does not stop. They still need to be able to take care of themselves and often times their families. Under some circumstances, a person who is injured may be able to receive financial help from programs such as workers' compensation if they were hurt at work, or through disability insurance policies, if applicable. One can also bring claims against responsible parties (and their insurance companies) and even their own types of auto and umbrella policies if the applicable coverages are in place. Retaining a qualified personal injury firm such as Burress Injury Law can help catastrophically injured victims make claims against every possible person and insurance policy (not to mention recoverable assets) in a catastrophic personal injury case.

Understanding Catastrophic Injuries

There are several definitions used to describe a catastrophic injury in various courts throughout the country. The United States Code offers a legal definition of a catastrophic injury and states that it is any injury that permanently prevents a person from “performing any gainful work.” However, most courts define a catastrophic injury as one that causes serious bodily injury or major disfigurement that is permanent or prevents the person from living their life as they did before they were injured. Some of the most common types of catastrophic injuries include:

  • Traumatic Brain Injuries (TBIs): One of the most common types of catastrophic injuries are TBIs. TBIs occur when a person's head suffers from a violent jolt or strike. The soft, delicate tissue of the brain can be damaged when it hits the walls of the skull, causing one of the most common TBIs, a concussion. While most TBIs are graded mild, studies show that the repercussions can be life altering. More specifically, there are numerous neuropsychological studies that show as many as 20% of patients who suffer mild TBIs develop chronic post-concussive ailments. Other studies citing large sample sizes demonstrating PTSD, have been shown to have an independent effect on brain (i.e., executive) functioning. Moderate and severe TBIs also routinely leave the victim with lasting effects with which they have to deal over the remainder of their lives, not to mention that death also occurs in some cases.
  • Spinal Cord Injuries: Your spinal cord is responsible for transmitting and transferring all of the signals that your brain sends out. When your spinal cord is damaged, the parts of your body connected to the spinal cord can also become damaged. A severe automobile crash can result in damage to the spinal cord. In some cases, spinal cord damage can result in paraplegia or paralysis.
  • Burns: Most of us have been burned at some point in our lives. However, burns can become extremely serious when they penetrate the deep layers of our skin, such as in third-degree burns. Some burns can be permanently scarring or disfiguring, which can have a prominent impact on the victim's life. Even minor burns can become catastrophic if there are complications, such as infection or sepsis.
  • Loss of limb: Losing a body part can be an extremely painful and traumatic experience. For example, losing your hand or some or all of your fingers can cause you to have to readapt to life and learn how to do many tasks over again. This type of suffering is compensable in a catastrophic injury lawsuit.

Discuss Your Case with an Allen, TX Catastrophic Injury Attorney

If you have been severely injured in any type of accident, you should speak with an Allen, Frisco, McKinney or Plano, TX catastrophic injury lawyer to visit about your case. You may be surprised to find that filing a catastrophic injury lawsuit could help you claim much-needed compensation for your injuries. At Burress Injury Law, we understand how life changing catastrophic injuries can be and will work to ensure justice for your suffering. To schedule a free consultation, call our office today at 214-726-0016.

Sources:
USCODE: §10284
Mayo Clinic: Traumatic brain injury
Mayo Clinic: Spinal cord injury

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