Debilitating Injuries

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Intro: Do you have a serious injury resulting from someone else’s negligent act that affects your daily activities and your ability to work? If so, and if there’s evidence that your injury will have long-term effects, you probably have a debilitating injury lawsuit. The following questions and answers will help clarify whether your injury is debilitating and how you should proceed to receive the compensation and damages you’re entitled to:

What Qualifies As A Debilitating Injury In A San Antonio Personal Injury Case?

For an injury to be considered debilitating, it must have a significant or permanent impact on your ability to perform daily activities (hygiene, dressing, eating or toileting) and maintain your employment. The law in Texas also takes into consideration the long-term physical, emotional or cognitive effects of your injury.

Types of injuries that would be considered debilitating include spinal cord damage, traumatic brain injuries, severe burns, multiple fractures, blindness or loss of limbs.

For you to prevail in your debilitating injury claim, you must prove that your injury has resulted in long-term or permanent limitations. Specifically, you’ll need documented evidence from healthcare providers and other sources that demonstrates that your injury’s severity has diminished your quality of life and led to loss of earning capacity.

What Role Do Expert Witnesses Play In Proving The Impact Of Debilitating Injuries In Texas?

Expert witnesses play a significant role in determining and proving the impact of your debilitating injury on your life and ability to work. In your Texas personal injury case, medical experts, vocational experts and economists may be called upon to testify:

• Medical experts will testify about the injury’s nature, extent, and prognosis
• Vocational experts testify precisely how your injury affects your ability to work
• Economists will offer estimates of your injury’s long-term financial impact on your ability to earn a living and pay for medical care

As a plaintiff in a personal injury lawsuit, you rely on experts to lend authority to your case that your testimony can’t provide. The expert’s job is to testify and offer evidence of how your injury tangibly and objectively affects your life now and in the future.

How Do San Antonio Courts Assess The Future Needs Of Someone With A Debilitating Injury?

San Antonio courts will consider both the available medical evidence and your experts’ testimony. The evidence and testimony are embodied in a life care plan that assesses your future medical and employment needs to ensure you receive the care and financial support you need.

Specifically, the plan will include financial projections for the ongoing costs of treatment, physical therapy, in-home care, specialized equipment, and any necessary home modifications. The plan also offers guidance about your future employment, specifically whether you can work at all, return to your current job with accommodations or whether you will need to be retrained for other work.

Are There Limits On The Damages That Can Be Awarded For Debilitating Injuries In Texas?

In medical malpractice claims, pain and suffering (non-economic damages) are limited to $250,000 per healthcare service provider and an overall limit of $500,000. Also, according to Texas law, punitive damages are limited to cases where gross negligence or intentional harm is proven.

Otherwise, in most other Texas personal injury claims, there are no limits to economic and non-economic damages. If you have a debilitating injury case, this lack of a cap on economic damages allows you to recover significant compensation for medical bills and future income if you have compelling evidence to support your claim.

Call To Action (CTA):

If you’re suffering from a debilitating injury caused by someone else’s negligence or wrongful conduct, and that injury has long-term or permanent impacts on your daily life and your ability to work, you are probably entitled to bring a debilitating injury lawsuit. The lawyers of Dreyer & Mazaheri can explain if you have a case and the compensation and damages you’re entitled to.

Contact us at (210) 830-7639 today for a case evaluation or visit our client contact page.