Some devastating accidents can have a permanently life-altering impact, such as spinal cord harm, traumatic brain damage, paralysis, amputation, and loss of function. Often, a victim of catastrophic injuries and his or her family have to consider how future medical bills, care, vocational rehabilitation, and other expenses will be paid in the face of these changes. At Feizy Law Office, our injury lawyers help individuals and families in the Dallas area pursue damages from a negligent person or entity that harmed them.Seeking Compensation through a Negligence Claim
As with other negligence lawsuits, claims involving catastrophic injuries require plaintiffs to establish four elements by a preponderance of the evidence. These are the defendant's duty of care, a breach of duty, actual and proximate causation, and actual damages. The amount of compensation in a lawsuit involving catastrophic injuries is typically substantial because the harm may give rise to life-long disabilities.
For example, damage to a person’s spinal cord can result in loss of mobility, chronic severe pain, and even paralysis. The victim may need therapy and medication for the rest of his or her life. The disability can take a toll not only on the victim but also his or her family. An injured person may be able to pursue economic and noneconomic damages, such as past and future medical bills, out-of-pocket expenses, loss of past and future income, vocational rehabilitation, nursing services, pain and suffering, and loss of enjoyment. His or her spouse may be able to seek damages for loss of consortium.
Even though liability may be clear, it can be difficult to collect the full amount of damages from a single wrongdoer. This is because one person's insurance policy may not offer enough coverage. It is important to consult an attorney who can look at the whole picture of the accident and try to hold all responsible individuals and entities accountable. A full recovery in catastrophic injury cases may be more likely when there are multiple insurance policies in play.
For example, in a truck accident case that results in permanent paralysis, an experienced attorney can look not only at the driver who caused the crash but also the trucking company or agency that put the driver on the road. A trucking company sometimes can be held liable. If a truck driver was in the course and scope of employment when the accident happened, the doctrine of respondeat superior usually applies, allowing a victim to hold the company indirectly liable. If the driver was improperly trained or had a history of DUIs, for example, the trucking company might be directly liable under theories of negligent hiring, negligent supervision, or negligent training.
In another example, if a person tries to avoid a driver who is texting and swerving among lanes and hits an unfilled pothole in the road as a result, a lawyer can look not only at the negligent driver but also at whether there is some responsibility on the part of the government entity responsible for maintaining the road, and even possibly the manufacturer of the car.Legal Representation for Injured Individuals in Fort Worth
Catastrophic injuries can be hard to bear, both emotionally and physically. In spite of what you have been through, insurers may be reluctant to pay you the full amount to which you may be entitled. An attorney experienced in motor vehicle accident cases and other personal injury claims can help people in Fort Worth and the surrounding areas assert their rights. Contact Feizy Law Office at (214) 651-8686 or via our online form. We represent accident victims in Arlington, Irving, Garland, and Plano, among other cities in the Dallas region.