Any type of injury sustained in an accident can have serious consequences. Catastrophic injuries, on the other hand, have the potential to be especially devastating. They have an indelible impact on the lives of victims and their families. As a result, those who suffer catastrophic injuries as a result of someone else’s negligence should seek legal counsel from an experienced Dallas catastrophic injury lawyer.
We understand the significant physical, emotional, and financial toll that serious injuries impose on victims and their families at the Law Office of Doug Goyen. We are committed to assisting those who have been injured in accidents through no fault of their own in obtaining compensation from the at-fault parties who caused their injuries. In fact, for over 23 years, we have been fighting for compensation on behalf of clients in Dallas and throughout Texas. Our experience, resources, and dedication of our Dallas Personal Injury Lawyers have enabled us to obtain multi-million dollar verdicts and settlements.
Contact us today to learn more about how our legal team can assist you.
Call For A Free Case Review (972) 599 4100
DALLAS CATASTROPHIC INJURY LAWYER PROTECTING CLIENTS’ RIGHTS
We fight to protect our clients’ legal rights at the Law Office of Doug Goyen. We recognize that presenting a serious or catastrophic injury case can be complicated and difficult. Even the most minor slip and fall accidents can involve multiple parties. When commercial vehicles collide with our clients’ cars, they frequently face similarly complex liability issues.
Our attorneys have intervened with unhelpful insurance company claim representatives in the past. We make every effort to look into liability and legal issues while the evidence is still fresh. In addition, we assess our clients’ injuries. We accomplish this through a thorough review of medical records and getting to know our clients. Finally, we work hard for our personal injury clients and fight to get them the most compensation possible.
Our law firm has recovered millions of dollars for accident victims and continues to do so. We negotiate the resolution of our client’s cases when responsible parties and their insurers cooperate. Our attorneys frequently reach agreements in mediations and other alternative dispute resolution forums. We make every effort to protect our clients’ interests. We are unafraid to present our evidence at trial if that means doing so.
Contact a personal injury lawyer in Dallas at the Law Office of Doug Goyen to discuss your case. We will start working on your case today.
Call For A Free Case Review (972) 599 4100
WHAT IS A CATASTROPHIC INJURY?
Many professional organizations have definitions of a catastrophic injury. The Commission for Case Manager Certification defines a catastrophic injury as “a serious injury that results in severe and long-term effects on the individual who sustains it, including permanent severe functional disability.” Traumatic brain, spine, or spinal cord injury; multiple trauma; and loss of major body parts are examples. A catastrophic illness is defined further as “any medical condition or illness that has heightened medical, social, and financial consequences and responds positively to the control offered through a systematic effort of case management services.”
According to the National Institute of General Medical Sciences, there are two types of trauma that cause catastrophic injuries. The first is blunt force trauma, which occurs when a forceful object strikes the body, frequently resulting in a concussion, deep cuts, or broken bones. The second type of trauma is penetrating trauma, which occurs when an object pierces the skin or body, usually resulting in an open wound.
According to Title 42 of the United States Public Health and Welfare Code 3796b, a catastrophic injury is “an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.”
Combining the case management definition, the medical definition of trauma, the legal definition of a catastrophic injury, and a general understanding of a catastrophe, a catastrophic injury can be seen as an injury that causes loss or alteration of function that may result in a permanent change in the patient’s present life and function.
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TYPES OF CATASTROPHIC INJURIES
Catastrophic injuries come in a variety of forms. They may include the following:
Permanent disability or loss of function or ability to work permanently causing lost earnings
The need for lifelong assistance, care, or accommodations
The need for medications for life
The need for prosthetics or assistive devices such as walkers, canes, and wheelchairs
Severe burn injuries causing severe scarring and other injuries and impairment
Other injuries that cause severe scarring or disfigurement that impairs a person’s ability to function
Catastrophic back injuries or neck injuries causing spinal cord injury including those causing paralysis
Amputation of a limb
Loss of senses such as Loss of sight due to an eye injury, or Loss of hearing
Catastrophic head injury including those causing Traumatic Brain Injury (TBI)
Individuals can suffer from a variety of consequences as a result of TBI. These include emotions, thoughts, language, and sensations. Epilepsy can be caused or triggered by a traumatic brain injury. It increases the risk of Alzheimer’s, Parkinson’s, and other age-related brain abnormalities. Approximately 75% of all TBIs are mild (concussions or other mild TBI). Mild TBIs, if repeated, can cause cognitive and/or neurological problems. If they occur in quick succession, they can be fatal or catastrophic (several in a month).
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HOW CATASTROPHIC INJURIES ARE DIFFERENT FROM OTHER INJURIES
The severity of the injury distinguishes a catastrophic injury from other types of injuries. Catastrophic injuries have a significant impact on a victim’s life. An ordinary injury, on the other hand, will only have a temporary impact on the victim. A victim’s full recovery from a noncatastrophic injury will take several weeks or months. A catastrophic injury will have long-term consequences for the victim, possibly for the rest of his or her life.
While a typical injury may still result in significant medical costs and pain and suffering, these losses have an expiration date. Catastrophic injuries, on the other hand, will affect a victim indefinitely. The permanent nature of a catastrophic injury results in greater damages for the victim, such as lifelong medical care as opposed to a temporary treatment regimen. As a result, in Texas, the settlement and verdict values for catastrophic injury cases typically exceed those for ordinary injury claims.
A catastrophic injury case may be subject to Texas’ noneconomic damages cap in medical malpractice cases. Medical malpractice cases in Texas are subject to a noneconomic damage cap of $250,000 set by the state legislature. Because of the damage cap, no victim can recover more than $250,000 in noneconomic damages for a medical malpractice claim. However, there is no cap on noneconomic damages for other types of claims. Although this cap may apply to any type of medical malpractice injury claim, it is more commonly an issue in catastrophic injury cases.
Call For A Free Case Review (972) 599 4100
TYPES OF DAMAGES AVAILABLE IN A TEXAS PERSONAL INJURY CLAIM
The greater the severity of the injury, the greater the impact on their life and the greater the financial impact. Damages in a personal injury claim are classified into two types:
ECONOMIC DAMAGES
Economic or monetary damages are compensation for verifiable monetary losses caused by an accident. These damages can be linked to specific monetary values, such as past receipts or future projections. These are some of the damages:
Past and future medical care expenses
Past and future lost earning capacity
Past and future loss of services (such as household services)
NON-ECONOMIC DAMAGES
Compensation may be available for the following:
Physical pain and suffering past and future
Mental anguish past and future
Disfigurement past and future
Physical impairment past and future
Loss of consortium past and future
Loss of a body part, or loss of mental function (if physical impairment or disfigurement damages do not cover the full loss)
If an accident causes or contributes to death, surviving family members may be able to file a wrongful death claim to cover the losses of close family members as a result of the death (as defined by the Texas Wrongful Death Act), as well as losses and damages incurred by the estate (those the deceased would have been able to pursue had they lived – covered in the Texas Survival Statute).
Punitive damages may be awarded in some cases when a negligent party acted maliciously or with outrageous indifference. Road rage and gross medical malpractice are two examples. We can determine the types of compensation that may be available during your free case review.
Call For A Free Case Review (972) 599 4100
WHAT CAUSES A CATASTROPHIC INJURY?
Many different types of accidents in Dallas can result in catastrophic and long-term injuries. Any incident in which a victim is subjected to blunt force trauma may result in fractured bones and internal damage. Penetrating injuries can also result in catastrophic injuries. These are serious injuries that could have long-term consequences for the victim. Our attorneys at the Law Office of Doug Goyen represent victims in a wide range of accident cases, including those that frequently result in catastrophic injuries.
Car accidents
Truck accidents
Motorcycle accidents
Pedestrian accidents
Bicycle accidents
Drunk drivers causing accidents
Falls caused by dangerous conditions on a premises
Dog attacks
Construction accidents
Workplace accidents
Acts of violence
If someone else’s negligence caused the accident that injured you, you may have grounds to file a claim for a catastrophic injury in Texas. The legal concept of negligence refers to a breach of a duty of care owed. You may be able to recover compensation for your injuries and losses if you or your attorney can demonstrate, through evidence, that someone else had a legal duty of care to you but did not meet the standards of that duty. For example, if a drunk driver caused you to sustain a permanent spinal cord injury, that driver may be liable to you financially. In the civil justice system, this is referred to as damages. You would need a Dallas auto accident attorney who handles catastrophic injuries in that case.
Call For A Free Case Review (972) 599 4100
CONTACT OUR DALLAS CATASTROPHIC INJURY LAWYER
At the Law Office of Doug Goyen, our Dallas accident lawyers have a proven track record of assisting catastrophic injury victims in obtaining the compensation they require and deserve. If you or a loved one has suffered a catastrophic injury as a result of another party’s negligent, reckless, or willful behavior, we will work tirelessly to protect your rights.
We will work with a reputable network of medical experts to demonstrate the extent of your injuries, document your medical expenses, and determine your need for ongoing medical and rehabilitative care. We may also rely on vocational experts, depending on the circumstances, to demonstrate how your catastrophic injury prevents you from working.
Above all, our goal is to assist you in obtaining the maximum compensation you are entitled to. Though you may feel scared and alone, we will always be there for you, offering advice, guidance, and emotional support. Please contact our office right away to schedule a free consultation.
THERE IS NO FEE IF WE DO NOT WIN
If we are unable to recover, you owe us nothing. We charge a contingency fee based on a percentage of the amount recovered. Because this is a performance-based contract, the better we perform for you, the better we perform for ourselves. This aligns our interests in the case with those of our client.
Call For A Free Case Review (972) 599 4100
DIRECTIONS TO OUR OFFICE
Law Office of Doug Goyen
15851 Dallas Pkwy #605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax
Directions to our office: We are on the southbound side of the service road to the Tollway. Stay on the Dallas North Tollway until you come to the Keller Springs exit. Take the Keller Spring exit. Stay on the service road on the southbound side and go just past Keller Springs. Our office is the 2nd building south of Keller Springs, located on the service road to the North Dallas Tollway in the Madison Business Center on the 6th floor.
By Doug Goyen, douggoyen@goyenlaw.com
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