Permanent injuries will impact your life forever. For this reason, it is crucial to understand the value of your claim so that you can achieve the financial recovery that makes you whole again. The value of a permanent injury case is calculated based on factors such as the extent of the pain and suffering and the level of impact the injury has and will continue to have on your life. An Austin personal injury lawyer can help you navigate this process and ensure you receive the compensation you deserve.”
Examples of Permanent Injuries
A permanent injury is any injury that results in long-term or irreversible physical, emotional or cognitive impairments. They are also referred to as “catastrophic injuries.” Unlike temporary injuries that will heal over time with medical care, permanent injuries leave irrevocable effects on a victim’s body or mind.
Examples of permanent injuries include:
- Traumatic brain injuries
- Brain damage
- Spinal cord injuries
- Paralysis (paraplegia or quadriplegia)
- Significant joint or bone damage
- Severe burn injuries
- Scarring or disfigurement
- Amputations
- Loss of vision or hearing
- Internal organ damage
- Birth injuries
If someone else caused or significantly contributed to your permanent injury in Texas, that party can be named as the defendant in your personal injury claim. Proving that the defendant is at fault for your catastrophic injury can provide you with compensation for related past and future losses.
Types of Financial Compensation Available for Permanent Injuries in Texas
State law in Texas allows for the recovery of financial compensation for economic and noneconomic damages. In an effort to become whole again, an accident victim with a permanent injury could pursue damages for various types of losses from the defendant.
Medical Bills
The past, present and future health care costs associated with a long-term injury, which may include surgeries, hospital stays, doctor’s appointments, specialists, medical tests and x-rays, various treatments, medical devices, physical therapy, rehabilitation, live-in care, and prescription medications.
Disability
Costs and losses associated with a permanent disability, such as necessary home or vehicle modifications, mobility assistive devices, prosthetics, nursing aids, lost enjoyment of life, wages lost from the inability to return to work in the same capacity as before the accident, and vocational training for a new position.
Pain and Suffering
The invisible or intangible effects that the permanent injury has had on the victim’s life, which may include physical pain and suffering, emotional distress, mental anguish, anxiety, depression, post-traumatic stress disorder, loss of consortium, lost quality of life, scarring or disfigurement, or loss of mental well-being.
Punitive Damages
In rare cases, punitive damages are awarded in addition to compensatory damages to punish defendants for their conduct. This is a possibility in cases where a defendant’s “fraud, malice or gross negligence” is the cause of a victim’s permanent injury. Negligence refers to the failure to act with proper care; gross negligence is a reckless disregard for the safety of others.
How Are Permanent Injury Case Values Calculated?
An insurance company, judge or jury will consider the types of damages or losses the victim suffered because of the permanent injury, as well as future foreseeable losses or lifestyle changes. The more substantial or severe the injury is, the greater the amount of damage it will inflict on the victim’s life – often translating to a higher claim value.
How to Prove Lost Wages From a Permanent Injury
One of the main considerations in a permanent injury case is whether the injury will affect the victim’s ability to continue working at his or her normal capacity. If a long-term disability will interfere with work, the settlement value should reflect a lifetime of potential lost earnings.
Proving lost wages may require the following types of evidence:
- Documents that prove your injury or medical condition prevents you from working.
- A doctor’s note or disability slip stating the impact the injury will have on work.
- Evidence of your job duties to demonstrate your inability to work at full capacity.
- Copies of paychecks and employment documents proving how much you made prior to your accident.
- Your most recent bank statements, tax return documents or W2 forms.
- A letter from your employer confirming all employment information.
The younger the accident victim is and the more earning capacity is diminished due to a permanent injury, the higher the value of the lost wage claim will be. Lost capacity to earn is calculated using the victim’s age, number of years he or she likely would have remained in the workforce, and previous vs. current wages.
Establishing Pain and Suffering in a Permanent Injury Case
Pain and suffering can be a significant addition to a settlement or judgment award in a case involving permanent injury. However, these intangible losses can be difficult to prove and calculate. A personal injury attorney in Texas can help you demonstrate the impact of a lifelong injury to maximize the value of a pain and suffering award.
The evidence that can be used to support a noneconomic damages claim includes medical records, reports from a psychiatrist, an injury journal kept by the victim, testimony from the victim’s friends and family, photographic evidence, impact on employment, and future life care plans. A jury will calculate pain and suffering according to the amount they see fit based on the circumstances.
Texas Damage Caps
Texas has caps, or limits, on the amount of financial compensation a person can receive for damages in a lawsuit. In a medical malpractice claim, the noneconomic damages are capped at $250,000 per defendant, with a $500,000 total cap for multiple healthcare providers.
There is also a cap on punitive damages. All punitive damage awards granted in Texas are limited to a maximum of $200,000 or twice the amount of economic damages awarded, plus an amount equal to noneconomic damages (up to $750,000) – whichever is higher.
How to Ensure Your Financial Recovery for a Permanent Injury in Texas
If you sustained a catastrophic or permanent injury in a preventable accident in Texas, your life will never look the same. Make sure you get the personal injury case results you need by hiring an attorney to represent you.
A lawyer will be your strongest advocate and partner in the process of bringing a defendant to justice for causing a permanent injury. You can trust your Austin personal injury attorney to get to work right away in pursuit of the financial recovery that will make you whole again.
At FVF Law Firm, we offer a free and zero-pressure consultation, where you can speak to an experienced personal injury lawyer about your permanent injury case in a no-pressure environment. We have over 100 years of combined legal experience.Our goal is to inform you about your rights to help you choose the best course of action moving forward. Call us at (512) 640-2146 today to get started.
