Fort Bend Catastrophic Accident Lawyer

A catastrophic accident is an incident that results in serious physical injury or illness. Such accidents will often include loss of a limb or organ or cause permanent or chronic pain. If you or someone close to you suffered a catastrophic injury due to the negligence of another party, you may have grounds for a personal injury claim. You may be able to seek compensation for your medical expenses, lost wages, and other damages related to the accident. It is important to speak with an experienced attorney as soon as possible after sustaining injury in order to preserve evidence, accurately reconstruct the accident scene, and build an effective case on your behalf. 

Examples of catastrophic accidents include those resulting in:

• Traumatic brain injuries
• Spinal cord injuries
• Amputation and limb loss 
• Severe burns 
• Paralysis 
• Organ damage or failure 
• Internal bleeding or organ trauma 
• Multiple broken bones 
• Blindness or vision loss 
• Ear injuries that lead to deafness
• Wrongful death

Common causes of catastrophic accidents include: 

• Motor vehicle accidents 
• Truck collisions
• Pedestrian and bicycle accidents
• Boating and aviation accidents
• Construction site accidents
• Workplace accidents and injuries
• Defective products 
• Premises liability incidents such as slip-and-fall accidents 
• Medical malpractice and birth injuries

Catastrophic injuries can hamper a person’s ability to care for themselves and can have a significant impact on a person’s loved ones, who may assumed the role of caretaker. Furthermore, after such an injury, a person is unlikely to be able to return to work, creating economic difficulties for the victim and their family on top of the burden of ongoing and often overwhelming medical expenses. Victims of catastrophic accidents often struggle with their mental health in the aftermath of their injuries as they come to grips with their losses.

Burden of Proof for Catastrophic Accident Claims

If you are involved in a catastrophic accident, you may be able to claim compensation from the insurance company of the at-fault party. However, that compensation will be limited by insurance policy limits. 

If the insurance payout is insufficient to cover your catastrophic injuries, it may be possible to file a lawsuit against the at-fault party. Unlike criminal cases in which the prosecution must prove “beyond a reasonable doubt” that the defendant committed a crime, in personal injury law the standard of proof that the claimant or plaintiff is required to meet is known as a “preponderance of evidence.” It is important to note that it is the plaintiff – the person bringing the claim – that carries this burden of proof and not the defendant. 

In other words, the plaintiff needs to prove that the defendant was more likely than not to have caused the plaintiff’s injuries. If the plaintiff can prove that the defendant was at least 51% responsible for the accident, the defendant can be found liable. However, because Texas uses a modified comparative negligence standard, your compensation can be reduced according to your percentage of the blame. 

A defendant can be found liable for a plaintiff’s catastrophic injuries if it can be proven that the defendant was negligent. There are four elements that must be proven to establish negligence:

• The defendant had a duty of care.
• The defendant breached this duty.
• The breach of duty directly caused the accident.
• The plaintiff suffered compensable loss due to the defendant’s negligence. 

Proving negligence can be difficult but with an experienced legal team it is possible for plaintiffs to successfully pursue compensation for their losses. Our Fort Bend County catastrophic accident attorney at The Sims Law Firm, PLLC is committed to helping our clients pursue the justice they deserve. 

If you or a loved one has experienced a catastrophic injury in Fort Bend County as a result of another’s negligence, contact us online or reach out to us at  (713) 766-1445 to schedule a consultation.