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“What qualifies as a catastrophic injury in Texas?” is a question we often get. Many times, people ask this question to see if their serious injury might involve long-term medical treatment, permanent disability, or severe financial implications. At The Stewart Law Firm, PLLC, a catastrophic injury attorney can go over your injury records and determine what compensation you may be entitled to.
How Texas Defines Catastrophic Injuries
Texas’s catastrophic injury law does not have a single legal definition that can be applied in every situation. However, the courts, insurance companies, and attorneys usually look at the permanency of the injury when determining if it can be classified as catastrophic.
Essentially, a catastrophic injury is one that:
- Causes some level of permanent impairment
- Results in some form of long-term or permanent disability
- Requires extensive and lengthy medical treatment and rehabilitation
Catastrophic injury cases tend to be more complex than typical personal injury claims, as there may be significant future medical bills as well as future loss of earnings to take into consideration.
Texas Civil Practice and Remedies Code § 16.003 provides a person with two years from the date of their injury to file a personal injury claim in Texas. Texas Civil Practice and Remedies Code Chapter 33 may also apply to catastrophic injury claims if both parties share some of the fault for the accident.
Types of Catastrophic Injuries
Some injuries are more likely to be considered catastrophic than others. These injuries have lingering effects that may last for the rest of your life.
Brain injuries can be some of the most devastating forms of catastrophic harm. Head injuries can affect your ability to remember things, concentrate, speak, or control your motor movements. Some people even have trouble regulating their emotions. Along with physical problems, many brain injury victims suffer from cognitive challenges. Severe brain injuries may require a person to be under permanent care by a doctor.
Spinal cord injuries are another common catastrophic injury. An injured spinal cord can cause partial or complete paralysis, chronic pain, or loss of function. Individuals with spinal cord injuries may be reliant on wheelchairs or need to live in homes equipped for their needs.
Serious burns can cause catastrophic injuries. Severe burns could result in permanent scarring, nerve damage, loss of function, infections, or disfigurement. Many burn victims need repeated surgeries. Additional injuries include:
- Loss of limbs
- Serious fractures
- Blindness
- Loss of hearing
- Organ damage
- Severe crushing injuries
- Nerve damage
- Injuries causing disability or disfigurement
Common Causes of Catastrophic Injuries
Injuries that fall under the catastrophic category can occur just about anywhere and from almost any type of accident. However, certain types of incidents often tend to cause catastrophic injuries.
Car accidents are one of the most common ways to suffer a catastrophic injury. Collisions involving commercial trucks, motorcycles, and vehicle rollovers frequently result in severe injuries because of the sheer force exerted in these crashes. In 2024, there were 14,905 serious injury crashes in Texas, and 18,218 people suffered serious injury as a result. A total of 251,977 people were injured in crashes throughout Texas that year.
Slips and falls can also cause catastrophic injuries. Falls are actually the leading cause of injury for people 65 and older. They can cause traumatic brain injuries, spinal cord damage, and broken hips.
Workers’ compensation claims are another common result of catastrophic incidents. Construction sites, industrial facilities, oil fields, and workers who operate heavy machinery have high risks for catastrophic injuries. Falls, explosions, electrocution, and malfunctioning equipment can lead to workers being disabled for life.
Defective products or slips and falls can also be the cause of catastrophic injuries. Defective machines, products, or slippery sidewalks can lead to serious injuries, some of which can be considered catastrophic.
Hire a Catastrophic Injury Lawyer
A catastrophic injury attorney can collect evidence about the accident, speak with doctors, and consult other professionals to determine how the injury impacts your life. Multiple parties or insurance companies could be responsible, depending on the accident. When you hire a catastrophic injury lawyer, they can advocate for all the compensation you need.
If you were injured in Austin or the surrounding areas, you most likely would be going through the Travis County court system. The Travis County Civil and Family Courts Facility is located at 1700 Guadalupe Street, Austin, TX 78701.
FAQs
What Is an Example of a Catastrophic Injury?
A catastrophic injury is generally defined as a personal injury that permanently limits an individual’s ability to earn a living or live independently. Catastrophic injuries can include:
- Traumatic brain injuries
- Paralysis from spinal cord injuries
- Serious burns
- Amputations
- Blindness
Recovery from catastrophic injuries can involve:
- Months or years of medical treatment
- Rehabilitation
- Long-term care
- Life-altering changes for the injured person and their families
Is It Worth Filing a Claim for Pain and Suffering?
Damages for pain and suffering may be possible in cases involving serious injuries, prolonged pain, emotional trauma, and permanent disability. Whether it is worth pursuing compensation depends on a variety of factors, including the:
- Extent of your injuries
- Available evidence
- At-fault party’s insurance limits
- Degree to which your injury impacts your life
What Is the Average Settlement for a Personal Injury in Texas?
There isn’t an exact average settlement amount for all personal injury claims in Texas. Injuries, medical treatment and bills, insurance coverage limits, and liability issues can vary from case to case. Smaller claims for less serious injuries may have lower settlements. Serious injury or catastrophic injury claims involving permanent injuries or lifetime medical care may yield much higher payouts.
Can Family Members Recover Compensation in a Catastrophic Injury Case?
In certain cases, catastrophic injuries can financially and emotionally impact family members as well. The loss of household support, income, companionship, or help with caring for the family could be suffered by a spouse or other close family member because of the injury. There may be some related claims available to you under Texas law, depending on the circumstances of your case.
Contact The Stewart Law Firm, PLLC
If you or a loved one was injured in a catastrophic injury, The Stewart Law Firm, PLLC, can provide detailed representation in a catastrophic injury claim. We understand the Texas catastrophic injury laws and can inform you of how they relate to your case. Contact us today for more information.
