Catastrophic injuries can happen suddenly and when you least expect them. No matter how careful you are, you could end up with physical and mental injuries that affect the rest of your life. You might even have to quit working, which means your family would have to find other means of paying the bills.
A Dallas catastrophic injury lawyer from Domingo Garcia would be happy to help you file a lawsuit against the at-fault party, taking care of all legal tasks—big and small—while you devote yourself to what matters most: recovering with friends and loved ones. Our personal injury lawyers will be with you every step of the way.
How do I File a Catastrophic Injury Case?
The first thing you must do to file a case is to start quickly. You have two years to begin a case, according to Texas Civil Practice and Remedies Code § 16.003. This deadline starts “counting down” from the moment you are injured. Once you pass the two-year anniversary of your accident, you no longer have a right to damages.
So long as you are within this deadline, a catastrophic injury lawyer from Domingo Garcia can help you with your Dallas personal injury case. We can start by:
- Evaluating your case over the phone at no cost or obligation to you
- Speaking to you in English or Spanish, whichever you prefer
- Meeting with you to discuss your case in greater detail
- Working with you to determine how much you are entitled to recover and what may be the best way of seeking compensation in your case
Collecting Evidence
Speaking with you about the accident can give us a good idea of where to start looking for evidence that supports your story. We could:
- Request a copy of the police report of your accident, if one was filed (Texas Transportation Code § 550.026 requires drivers to report an accident if someone is injured)
- Request copies of your medical records and ask your doctor to write a statement about how serious your injuries are
- Review videos or photos of the accident or your injuries
- Talk to witnesses who saw the accident happen or have knowledge of the injuries you suffered
Negotiating a Settlement
Much of the money we recover for clients comes in the form of a settlement. Settlements allow you to avoid going to trial by:
- Having us meet with the insurance company’s representatives
- Negotiating a fair settlement agreement based on your current and future needs
- Getting you the money you need faster than a jury award would typically allow you to get it
While out-of-court settlements may be preferable, we do not hesitate to go to court if that is what the situation calls for. We could represent you in front of a judge and jury, presenting arguments and evidence that show how debilitating your injury is and why you deserve compensation.
Making Things Easier for You
We know the legal system is not always accessible, even to someone who has not suffered such a terrible injury. Rather than struggle through on your own, we can:
- Advise you of your options
- Always be available to answer your questions
- Have our insurance company cover your medical bills until your case is done
- Charge no attorney’s fees until you get compensation
What Are Catastrophic Injuries Worth?
No two cases are alike, and neither are two settlement agreements. We once recovered $1.2 million for a worker who suffered a skull fracture because someone else mishandled an elevator at their workplace. Your case may be worth more or less than that, depending on:
- The extent of your physical suffering, e.g., physical pain, permanent disability, scar tissue
- The extent of your psychological suffering, e.g., mental illness or distress, reduced quality of life
- The money you spent due to the accident, e.g., medical bills, car repair, childcare services
- The money you lost due to the accident, e.g., lost ability to earn, lost ability to work or seek promotions
Another factor to consider is whether or not the injured person survived—or is likely to survive—the injuries. If a person does not live long enough to complete a personal injury action, their surviving family can file a wrongful death case and collect damages not available in personal injury cases.
If you do not have a clear idea of your case’s worth before approaching the insurance company, they may try to offer far less than you need. Domingo Garcia can prevent this by calculating the exact amount you should ask for.
Who Is Liable for Catastrophic Injuries?
This is one of the most important questions we seek to answer. We cannot pursue compensation for our clients until we identify the party (or parties) who contributed to their catastrophic injury.
Different types of injury accidents will have different potential liable parties. For example:
- Catastrophic car accidents could be the fault of another driver, a car part manufacturer, or someone hired to maintain a car or the roadway.
- Catastrophic falls could be the fault of the property owner, a property manager, or someone who rents or leases the property from the owner.
- Catastrophic workplace accidents could be the fault of your employer, a materials supplier, or someone responsible for maintaining the tools you use.
Some cases may even involve multiple liable parties. It may be more difficult to “untangle” the facts of such a case and identify all of these parties, but we can do so.
With the high costs and debilitating pain that catastrophic injuries so often cause, it is very important that you get the right information and support as you seek compensation. The team at Domingo Garcia can stand by your side from the day we meet you until the day you get your check.
Let Us Help with Your Catastrophic Injury Case
Call Domingo Garcia for a free case evaluation whenever you are ready to begin. We have spent 35 years helping catastrophic injury survivors—or their surviving relatives—fight powerful insurance companies for the money they deserve. A lawyer from our Dallas firm can now do the same for you.
Call us today for your free consultation.
