Catastrophic injuries permanently alter a person’s life. In Texas, securing compensation that truly reflects lifelong medical care, lost earning capacity, and ongoing support requires early action, strong documentation, and a clear understanding of Texas injury law.
These claims are not just about what has already happened. They are about protecting the injured person’s future.
At Rhodes Humble LLP, our attorneys represent individuals and families across Texas who are facing the long-term consequences of devastating injuries. With decades of experience handling complex personal injury cases, we understand what it takes to pursue compensation that accounts for a lifetime of needs.
What Is Considered a Catastrophic Injury in Texas?
Texas law does not rely on a single statutory definition of “catastrophic injury.” Instead, the term is commonly used to describe injuries that result in permanent impairment, disability, or long-term dependence on medical care or assistance.
These injuries often include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Permanent loss of mobility, vision, or cognitive function
What sets catastrophic injuries apart is their lasting impact. Medical treatment does not end after a few months. The physical, emotional, and financial consequences often continue for decades—or for life.
Because these injuries affect a person’s ability to work, live independently, and enjoy daily activities, catastrophic injury claims in Texas frequently involve substantial future damages.
Why Lifetime Compensation Matters
In many personal injury cases, compensation focuses on medical bills and lost wages that have already occurred. Catastrophic injury cases are different. The most significant losses are often still ahead.
Lifetime compensation is designed to account for long-term and permanent needs, including:
- Ongoing medical treatment and rehabilitation
- Prescription medications and future surgeries
- Prosthetics, mobility devices, and adaptive equipment
- In-home care and personal assistance
- Home and vehicle modifications
- Reduced or lost earning capacity
Texas law allows injured individuals to pursue both economic and non-economic damages, depending on the circumstances of the case.
Economic damages are tied to measurable financial losses. Texas follows a “paid or incurred” rule, which limits recovery of medical expenses to amounts actually paid or incurred. This makes accurate documentation critical.
Non-economic damages address the human impact of a catastrophic injury. These damages may include pain and suffering, physical impairment, disfigurement, and loss of enjoyment of life. When an injury causes permanent disability, these losses can be profound.
The Legal Foundation of a Texas Catastrophic Injury Claim
Most catastrophic injury claims are based on negligence. While every case is different, these claims generally require proof that another party failed to act with reasonable care and that this failure caused serious harm.
Catastrophic cases often involve more than one responsible party. A single incident may include negligent drivers, employers, property owners, manufacturers, or contractors. Identifying all potentially liable parties is especially important when lifetime damages exceed basic insurance limits.
Texas also follows a proportionate responsibility system, often called the “51% rule.” If an injured person is found more than 50% responsible for the incident, they may be barred from recovering damages. If they are 50% or less responsible, their recovery may be reduced by their percentage of fault.
Because catastrophic injury claims involve high stakes, disputes over fault often play a significant role in the outcome.
Statute of Limitations: Why Timing Still Matters
Even in catastrophic injury cases, strict deadlines apply. In most Texas personal injury cases, a claim must be filed within two years from the date of the injury. Missing this deadline can completely eliminate the right to recover compensation.
Some cases involve additional timing requirements. Claims against government entities, for example, often require formal notice within a much shorter period. Since catastrophic injury cases typically require extensive investigation, early legal involvement helps preserve evidence and ensure compliance with procedural rules.
Catastrophic Injuries Involving Government Entities
Some catastrophic injuries occur on public property or involve government vehicles or employees. When this happens, the Texas Tort Claims Act may apply.
This law can restrict who may be sued, impose strict notice deadlines, and cap recoverable damages. These cases involve legal rules that differ from standard personal injury claims, making early evaluation especially important.
Workplace Catastrophic Injuries and Third-Party Claims
Catastrophic injuries frequently occur in workplaces such as construction sites, industrial facilities, and transportation environments.
While Texas workers’ compensation laws may limit claims against certain employers, they do not always prevent additional recovery. Many catastrophic injury cases involve third-party liability, such as:
- Defective equipment or machinery
- Negligent subcontractors
- Unsafe premises owned by another party
These third-party claims can provide compensation beyond workers’ compensation benefits, depending on the facts of the case.
Proving Lifetime Damages
Establishing lifetime damages requires more than submitting medical bills. Catastrophic injury claims often rely on expert analysis to demonstrate the full scope of future needs.
This may include life care plans that outline long-term medical treatment, therapy, assistive devices, and support services. Vocational experts may evaluate how the injury affects earning capacity, while economic experts project financial losses over an injured person’s lifetime.
Together, this evidence helps show how the injury will continue to affect the person’s life long after the initial incident.
Settlement Structures and Long-Term Planning
Lifetime compensation does not always come as a single lump sum. Some catastrophic injury cases are resolved through structured settlements that provide periodic payments over time. Others involve a combination of immediate compensation and long-term payments.
The structure of a settlement can have lasting implications for medical care, financial stability, and long-term planning. Evaluating these options requires careful consideration of future expenses and ongoing needs.
How Rhodes Humble LLP Handles Catastrophic Injury Cases
At Rhodes Humble LLP, we understand that catastrophic injury cases are not just legal matters. They involve real people facing permanent, life-changing challenges.
Our firm represents seriously injured clients across Texas, including Bryan–College Station and surrounding areas. We focus on thorough investigations, detailed documentation of future damages, and strategic case development aimed at protecting our clients’ long-term interests.
Taking the Next Step After a Catastrophic Injury
Catastrophic injuries can leave individuals and families overwhelmed by medical decisions, financial uncertainty, and unanswered questions. While this blog is not legal advice, understanding the legal framework can help injured individuals recognize the importance of early evaluation and careful case preparation.
If you or a loved one has suffered a catastrophic injury in Texas, speaking with an experienced personal injury law firm can help clarify your options. To schedule a consultation with Rhodes Humble LLP, call (979) 977-1744.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.