Catastrophic Injury Attorneys in Austin
What Are Catastrophic Injuries?
In particularly severe cases, an individual may suffer catastrophic injuries after an accident. Catastrophic injuries are classified as injuries that are disabling in nature. This can include traumatic brain injuries or spinal cord injuries, paralysis, accidental amputations, severe burns, or internal organ damage. In most cases, the medical treatment required for these types of injuries is extensive and ongoing. The cost of care, coupled with the loss of income/wages can prove a serious financial burden for the victim and his or her family.
Catastrophic injuries are also different from other types of injuries in that they can render the victim unable to perform any type of gainful work. In other words, a person who has suffered a catastrophic injury is not only unable to return to his or her previous employment, he or she is unable to work at all.
To find out how an Austin catastrophic injury attorney can help you take legal action, contact Howry Breen & Herman at (512) 430-4844 for a free consultation.
Understanding Catastrophic Injuries and Their Impact in Austin
Just as there are countless different types of accidents, catastrophic injuries can occur in any number of ways. Unfortunately, such injuries are often the result of another person, company, or entity’s negligence.
Catastrophic injuries commonly occur as a result of:
- Car, truck, or motorcycle accidents
- Sporting accidents (especially football and cheerleading)
- Bicycle and pedestrian accidents
- Golf cart and utility vehicle accidents
- Construction and oilfield accidents
- Defective products, including defective drugs and medical devices
- Medical malpractice
- Dangerous or defective premises
This list is not exhaustive; any type of severe accident can lead to catastrophic injuries. At Howry Breen & Herman, we assist victims of catastrophic injuries in their fight for a fair recovery.
While we regularly handle all types of catastrophic injury claims, we particularly focus on:
- Brain injuries: Traumatic brain injuries (TBIs) often result in significant, permanent damage and limitations. Our firm has successfully represented victims of all types of TBIs—from concussions to coup-contrecoup injuries to skull fractures—fight for fair compensation for their current and future damages.
- Burn injuries: Severe burns are not only physically disfiguring, but they also leave lasting emotional scars. Our attorneys fight to help burn injury victims recover fair financial compensation for their ongoing medical expenses, future care, pain and suffering, and other life-altering damages.
- Spine injuries: A spinal cord injury can have numerous, long-lasting effects, from limited mobility to total paralysis and lifelong disability. At Howry, Breen & Herman, LLP, our attorneys fight to help victims of serious spine injuries recover the compensation they need to heal and move forward with their lives.
- Amputation: The loss of a limb or extremity due to injury or medical conditions. Amputation can severely impact a person's mobility and daily activities, often necessitating prosthetic devices and extensive rehabilitation.
- Broken Bones: While many fractures heal with proper treatment, severe or complex fractures—such as compound fractures where the bone breaks through the skin—can result in long-term disability or complications.
- Internal Injuries: Damage to internal organs, such as the liver, kidneys, or lungs, which can be life-threatening and may require surgical intervention or long-term medical management.
- Vision Loss: Severe trauma to the eyes or head can result in partial or complete loss of vision, which can significantly affect daily life and personal independence.
- Hearing Loss: Serious injuries to the head or ears can lead to partial or total loss of hearing, impacting communication and quality of life.
No matter how difficult or complex your case may be, our team is here to provide you with compassionate, one-on-one legal counsel and uncompromising representation from start to finish. With nearly 25 years of experience, including extensive litigation experience, we are well-equipped to try even the toughest of cases.
Long-Term Effects of Catastrophic Injuries
The long-term effects vary depending on the type and severity of the injury, but common consequences include:
- Physical Disabilities: Catastrophic injuries often result in significant loss of mobility, requiring the use of wheelchairs, prosthetics, or other assistive devices. Chronic pain and limited functionality, such as reduced cognitive abilities from brain injuries, can severely impact daily activities and overall quality of life.
- Medical Complications: Ongoing medical care is typically necessary for catastrophic injuries, including surgeries, physical therapy, and regular check-ups. Patients may face complications such as infections or secondary conditions, complicating their recovery process and requiring additional treatments.
- Psychological and Emotional Impact: Individuals may experience mental health issues such as depression, anxiety, or PTSD due to their injury and its life-altering effects. The emotional trauma from adjusting to a new way of life can significantly affect their psychological well-being.
- Social and Lifestyle Changes: Physical and psychological changes can alter personal relationships, social interactions, and community involvement. Employment challenges may arise, potentially leading to financial stress and the need for career adjustments or reliance on disability benefits.
- Financial Strain: The costs of ongoing medical care, rehabilitation, and adaptive technologies can create substantial financial burdens. Additionally, the loss of income due to reduced work capacity can lead to financial instability and increased stress.
- Impact on Daily Living: Daily tasks such as dressing, bathing, or cooking may become challenging, necessitating assistance or adaptive equipment. Home modifications may also be needed to accommodate physical disabilities, enhancing accessibility and independence.
- Long-Term Rehabilitation Needs: Long-term rehabilitation is often required to maximize recovery and adapt to new physical or cognitive limitations. Continuous support from healthcare professionals, social workers, and counselors is crucial for managing the long-term effects of the injury.
Types of Compensation Available in Catastrophic Injury Cases
Victims of catastrophic injuries often face overwhelming expenses, long-term care needs, and life-changing limitations. If your injury was caused by another party’s negligence, you may be entitled to various forms of compensation to help you rebuild your life. At Howry Breen & Herman, LLP, our Austin catastrophic injury attorneys aggressively pursue maximum compensation for victims, ensuring every aspect of your suffering is addressed.
Economic Damages
Economic damages cover the tangible financial losses associated with a catastrophic injury. These are generally easier to calculate and are supported by medical bills, receipts, and wage documentation. They include:
- Medical Expenses: This includes emergency room care, hospital stays, surgeries, rehabilitation, prescription medication, and future medical treatment like in-home care or assistive devices.
- Lost Wages: Victims may be unable to work temporarily or permanently. Compensation can include wages lost during recovery and future lost earning potential.
- Cost of Rehabilitation and Long-Term Care: Many catastrophic injury victims require long-term physical therapy, occupational therapy, or even around-the-clock care.
- Home and Vehicle Modifications: If your injury necessitates home renovations (e.g., wheelchair ramps, stair lifts) or modified vehicles, these costs may be covered.
Non-Economic Damages
Catastrophic injuries don’t only affect your finances—they dramatically impact your emotional well-being and overall quality of life. Non-economic damages are designed to compensate for these intangible losses, including:
- Pain and Suffering: Compensation for physical pain and discomfort endured during and after the injury.
- Emotional Distress: Covers psychological impacts like depression, anxiety, and post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: If you can no longer enjoy activities, hobbies, or experiences you once loved, you may be compensated for that loss.
- Loss of Consortium: In some cases, spouses or family members can claim damages for the loss of companionship, affection, or sexual relationship.
Punitive Damages
While not awarded in every case, punitive damages may be granted when the defendant’s conduct is found to be especially reckless, malicious, or egregious. These damages are intended to punish the wrongdoer and deter similar behavior in the future. For example, punitive damages may be available in cases involving:
- Drunk or distracted driving
- Willful safety violations at job sites
- Medical malpractice involving gross negligence
Our experienced Austin personal injury lawyers will evaluate your case to determine whether punitive damages may apply.
Proving Liability in a Catastrophic Injury Case
Successfully recovering compensation for a catastrophic injury hinges on your ability to prove liability. In Texas, personal injury claims are typically based on negligence, meaning someone failed to exercise reasonable care, and that failure led to your injury.
Our catastrophic injury attorneys in Austin use a variety of methods to establish fault and strengthen your case.
Elements of Negligence
To prove negligence, the following four elements must be established:
- Duty of Care: The defendant had a legal obligation to act with reasonable care under the circumstances.
- Breach of Duty: The defendant breached that duty through action or inaction.
- Causation: The breach directly caused the victim’s injuries.
- Damages: The victim suffered measurable harm as a result.
Evidence Collection
Building a strong case starts with thorough evidence collection. This may include:
- Police or accident reports
- Surveillance footage
- Medical records
- Photographs from the scene
- Eyewitness statements
- Employment and wage documentation
- Maintenance or inspection logs (in cases of premises or product liability)
Our team ensures every piece of available evidence is gathered and preserved to prove your claim.
Expert Testimony
Expert witnesses often play a critical role in catastrophic injury cases, especially when proving the long-term impact of an injury. We work with:
- Medical experts to explain the nature and severity of your injuries
- Vocational experts to assess how your injury affects your ability to work
- Life care planners to project future medical needs and expenses
- Economists to calculate lost future earnings and financial losses
Accident Reconstruction
In cases involving complex incidents—such as motor vehicle accidents, workplace injuries, or product failures—our attorneys may use accident reconstruction specialists. These experts analyze physical evidence, skid marks, damage patterns, and other data to recreate the incident and establish how the defendant’s negligence led to the injury.
Securing Maximum Compensation for Catastrophic Injury Victims in Austin
Catastrophic injuries have lasting, life-altering impacts, both for victims and their loved ones. Often, a close family member of the victim will have to take off work, either temporarily or permanently, in order to care for their loved one. The cost of mounting medical bills can be staggering, and the physical and emotional strain on victims and their families is often immense.
At Howry Breen & Herman, we understand just how difficult it is to move forward after a catastrophic injury. Our team strives to ease your stress in any way possible. Our Austin catastrophic injury attorneys can handle every aspect of your case so that you can focus on healing, and we always seek to recover the full settlement or verdict you are owed.
Did you or a loved one suffer severe, life-altering injuries as a result of someone else’s negligence? Call our firm at (512) 430-4844 for a complimentary case evaluation with our legal team.