Car accidents are one of the most common causes of serious and fatal injuries in the United States. While some car accidents only cause minor injuries, others are catastrophic, meaning they inflict a level of harm that can impact the victim for the rest of his or her life. Catastrophic or permanent injuries from a motor vehicle accident can give a victim the right to hold someone accountable for related losses. A personal injury lawyer in Austin can help you understand your legal rights and options if you have been injured in a car accident. Contact FVF Law Firm – Injury & Wrongful Death Lawyers to schedule your free consultation today.
What Qualifies as a Catastrophic Injury?
A catastrophic injury is one that is severe enough to have a long-lasting or irreversible effect on a victim’s life. It is an extreme injury that can result in significant physical disability, emotional turmoil and financial losses. Catastrophic injuries may eventually be fatal, in the most severe cases.
Many catastrophic injuries result in long-term debilitation, scarring, disfigurement or the loss of an important bodily function. Others can alter a victim’s cognitive abilities or personality. Catastrophic injuries often require ongoing medical care, treatments, surgeries, rehabilitation and caregiving.
Common Types of Catastrophic Motor Vehicle Accidents
The Texas Department of Transportation reports a death toll of 4,283 Texans in 2023 due to traffic accidents, or one death every 2 hours 3 minutes. In addition, there were 15,219 serious injury accidents with a reported 18,752 victims sustaining serious (incapacitating) injuries.
The following types of motor vehicle accidents are more likely to result in catastrophic and fatal injuries than others:
- Bicycle accidents
- Bus accidents
- Commercial truck (18-wheeler) accidents
- Drunk driving accidents
- Head-on collisions
- High-speed collisions
- Hit-and-run accidents
- Intersection accidents
- Motorcycle accidents
- Multi-vehicle accidents
- Pedestrian accidents
- Rollovers
- T-bone accidents
Collisions that involve factors such as large and heavy vehicles, high speeds, reckless driving, and victims who are exposed and vulnerable to serious injury are most likely to inflict catastrophic levels of harm.
Examples of Catastrophic Injuries From Motor Vehicle Accidents
A serious motor vehicle accident can inflict many different types of catastrophic injuries on one or more victims, such as:
- Amputations
- Disfigurement or scarring
- Facial injuries
- Internal injuries
- Joint damage
- Loss of sight or hearing
- Multiple broken bones
- Nerve damage and chronic pain
- Organ damage
- Permanent paralysis
- Spinal cord injuries
- Third-degree burns
- Traumatic brain injuries
These injuries may remain with a victim for the rest of his or her life after an unexpected and traumatic car accident. To compensation for your injuries reach out to an Austin car accident lawyer.
Who Pays for a Motor Vehicle Accident That Causes Catastrophic Injuries in Texas?
Texas is a fault state. Under this insurance law, the person or party most at fault for causing a motor vehicle accident has to pay for the victim’s medical bills and property damage. The injured victim must prove, or establish using evidence, that the at-fault party is to blame for the crash to qualify for compensation from that driver’s auto insurance company.
Every driver in Texas is required to carry the following minimum amounts of insurance coverage (or equivalent proof of financial responsibility):
- $30,000 in bodily injury liability coverage per person
- $60,000 in bodily injury liability coverage per accident
- $25,000 in property damage liability coverage
After a motor vehicle accident that results in catastrophic injuries, the victim can file a claim against the at-fault party, such as a drunk, distracted, careless or reckless driver. If that driver’s insurance policy limits do not adequately cover a severe injury and future foreseeable losses, the victim can file a claim for supplemental coverage with his or her own insurer.
What Makes Catastrophic Injury Cases Unique?
Some catastrophic injury cases have to go to court in Texas to provide the plaintiff with fair compensation. A personal injury verdict could result in a greater award than what is paid with an insurance settlement. This is one thing that makes a catastrophic injury case unique compared to a personal injury case involving minor to moderate injuries.
Another difference is the severity and permanence of the injuries. Catastrophic injuries result in greater damages, such as ongoing medical costs and lost wages. Therefore, these cases often result in greater financial recoveries. It is crucial not to settle with an insurance company for less than you deserve for a catastrophic injury. You cannot reopen a case once you have accepted a settlement and signed a release of liability waiver.
Proving a catastrophic injury case requires enough evidence to show that the defendant is more likely to be responsible for the injury than not. Although each case is unique, supporting evidence may include medical records and documentation, ongoing treatment records, medical and vocational expert testimony, photographs and videos, accident scene evidence, documentation of economic losses, and injury journals documenting pain and suffering.
How Much Is a Catastrophic Injury Settlement Worth in a Car Accident Case?
This question is impossible to answer without a personalized review with an injury attorney. The value of a claim can vary significantly from case to case. Settlement values are based on factors such as the gravity of the injury, the severity and longevity of a disability, the insurance coverage available, and the age and health of the plaintiff.
Your case could result in reimbursement for the following types of losses:
- Past and future foreseeable medical expenses
- Lost wages and future capacity to earn
- Permanent disability or disfigurement
- Motor vehicle and personal property damage
- Physical pain and suffering
- Emotional distress and mental anguish
- Psychological trauma
- Loss of consortium
- Loss of enjoyment of life
- Punitive damages, in some cases
If a loved one ultimately dies due to a catastrophic injury suffered in a motor vehicle accident, your family may also receive wrongful death damages, such as funeral and burial cost reimbursement. Before attempting negotiations with an insurance company, consult with an attorney to gain an accurate understanding of the potential value of your case.
The Importance of Hiring an Attorney After Suffering Catastrophic Injuries in a Motor Vehicle Accident in Texas
Catastrophic injury motor vehicle accident cases are complex. They often have challenges such as addressing the victim’s future foreseeable needs, establishing fault and proving liability, calculating full financial compensation, dealing with insurance companies, and litigating the case in court.
The most effective way to manage the legal process without undue stress on you and your family is to hire a personal injury attorney to represent you. Your lawyer will ensure that you are treated fairly and your rights are protected throughout the legal process. Your lawyer can take over negotiations with insurance companies and other parties to advocate for your best interests.
You can trust an attorney to handle your catastrophic injury case and achieve the best possible results while you focus on adapting to your injury and rebuilding your life. For more information about your motor vehicle accident case in Texas and how a lawyer can help, contact FVF Law Firm for a free consultation at (512) 982-9328. Our attorneys have over a century of combined legal experience.
