A catastrophic injury changes everything. In a single moment, the life you knew can be replaced with permanent disability, ongoing medical care, and financial devastation. If you or someone you love suffered a catastrophic injury in Dallas because of someone else’s negligence, you need a law firm with the resources and experience to fight for every dollar you deserve.
Varghese Summersett’s Dallas personal injury team has secured significant compensation for victims of catastrophic injuries across Texas. We understand that these cases involve not just immediate medical bills, but lifetime care costs, lost earning capacity, and pain that no amount of money can truly fix. Our job is to make sure insurance companies don’t minimize what happened to you.
Call (214) 903-4000 today to speak with a Dallas catastrophic injury lawyer.
What Makes an Injury “Catastrophic”?
Texas law doesn’t provide a precise legal definition of a catastrophic injury. But courts and insurance companies generally recognize that certain injuries result in permanent, life-altering consequences that prevent victims from working, living independently, or enjoying the same quality of life they had before the accident.
Catastrophic injuries typically include traumatic brain injuries, spinal cord injuries resulting in paralysis, severe burns covering large portions of the body, amputations, and injuries that cause permanent organ damage or loss of function.
What sets these injuries apart is permanence. While a broken bone heals in weeks or months, catastrophic injuries require years of treatment, rehabilitation, and ongoing care. Many victims never fully recover.
Common Types of Catastrophic Injuries in Dallas
Dallas sees catastrophic injuries from vehicle crashes on I-35E, I-30, and the Dallas North Tollway, construction accidents at commercial building sites, workplace incidents at industrial facilities, and premises liability accidents at businesses throughout the metro area.
The most common catastrophic injuries we handle include:
Traumatic Brain Injuries
A severe blow to the head can cause bleeding, swelling, or permanent damage to brain tissue. Symptoms range from memory loss and difficulty concentrating to personality changes and loss of motor function. Many TBI victims require round-the-clock care for the rest of their lives. These cases often involve neurologists, neuropsychologists, and life care planners to document the full extent of cognitive and physical impairment.
Spinal Cord Injuries and Paralysis
Damage to the spinal cord can result in partial or complete paralysis below the injury site. Paraplegics lose function in their legs and lower body. Quadriplegics lose function in all four limbs and often require ventilators to breathe. The lifetime costs of caring for someone with a spinal cord injury can exceed $5 million, according to the National Spinal Cord Injury Statistical Center.
Severe Burns
Third-degree burns destroy all layers of skin and often damage muscle, bone, and nerves. Victims require skin grafts, multiple surgeries, and extensive physical therapy. Burn scars can cause permanent disfigurement and limited mobility. Psychological trauma is common as victims cope with changes to their appearance and ability to function.
Amputations
Loss of a limb affects every aspect of daily life. Victims must learn to use prosthetics, modify their homes for accessibility, and often change careers. Phantom limb pain is a common complication that can persist for years. The costs of prosthetic devices, replacements, and ongoing adjustments add up quickly.
Organ Damage
Severe injuries to the liver, kidneys, lungs, or heart can require organ transplants or result in permanent loss of function. Victims may need dialysis, oxygen therapy, or lifelong medication to manage their condition.
Get the compensation you deserve. Our Dallas catastrophic injury lawyers handle cases on a contingency fee basis. You pay nothing unless we win. Call (214) 903-4000 for a free consultation.
Who Is Responsible for Your Catastrophic Injury?
Under Texas law, anyone whose negligence causes an injury can be held financially responsible for the resulting damages. Negligence means failing to exercise reasonable care under the circumstances.
In catastrophic injury cases, responsible parties often include drivers who caused vehicle crashes, property owners who failed to maintain safe conditions, employers who violated workplace safety rules, manufacturers who sold defective products, and medical providers who committed malpractice during treatment.
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. If you are found partially at fault for your injury, your compensation is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover anything.
Insurance companies use this rule to shift blame onto victims. They will argue you were speeding, not paying attention, or ignoring warning signs. That’s why having an experienced Dallas catastrophic injury lawyer is so important. We investigate the accident scene, interview witnesses, and work with accident reconstruction experts to prove who was really at fault.
What Compensation Is Available for Catastrophic Injuries?
Texas law allows catastrophic injury victims to recover both economic and non-economic damages. Economic damages are the measurable financial losses you suffered. Non-economic damages compensate you for intangible harms like pain and suffering.
Economic Damages
Medical expenses are often the largest component of a catastrophic injury claim. This includes emergency room treatment, surgery, hospitalization, rehabilitation, prescription medications, medical equipment, home modifications, and ongoing care.
Lost wages cover the income you lost while recovering from your injury. Lost earning capacity compensates you for the difference between what you could have earned if the injury never happened and what you can earn now with your limitations.
Property damage covers the cost to repair or replace your vehicle if the injury occurred in a car crash.
Non-Economic Damages
Pain and suffering compensates you for physical pain, emotional distress, and mental anguish caused by the injury. Disfigurement damages account for permanent scarring or changes to your appearance. Loss of enjoyment of life compensates you for activities you can no longer do, like playing with your kids, participating in hobbies, or enjoying physical intimacy.
Loss of consortium allows your spouse to recover for the loss of companionship, affection, and support resulting from your injury.
Texas does not cap economic damages in most personal injury cases. However, Texas Civil Practice and Remedies Code § 41.008 caps non-economic damages in medical malpractice cases at $250,000 per healthcare provider and $500,000 total.
Punitive Damages
In rare cases involving gross negligence or intentional misconduct, Texas law allows juries to award punitive damages designed to punish the defendant and deter similar conduct in the future. Under Texas Civil Practice and Remedies Code § 41.008, punitive damages are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
How Much Is Your Dallas Catastrophic Injury Case Worth?
The value of a catastrophic injury case depends on the severity of your injuries, the extent of your medical treatment, how much work you missed, whether you can return to your previous occupation, and how the injury affects your daily life.
Cases involving permanent paralysis, traumatic brain injuries, or amputations typically result in higher settlements because the lifetime costs of care are so substantial. A young victim with decades of life ahead will have a more valuable claim than an older victim with a shorter life expectancy.
The strength of the liability evidence also matters. If fault is clear and the defendant has substantial insurance coverage, your case is worth more than one where fault is disputed or the defendant has minimal coverage.
Insurance companies will always offer less than your case is worth. They know most victims are desperate for money to pay medical bills and replace lost income. They will pressure you to settle quickly before you understand the full extent of your injuries and future needs.
Our Dallas catastrophic injury lawyers work with medical experts, life care planners, economists, and vocational rehabilitation specialists to calculate the true value of your claim. We don’t accept lowball offers. We are prepared to take your case to trial if that’s what it takes to get you fair compensation.
Protect your rights after a catastrophic injury. Insurance companies have teams of lawyers working to minimize what they pay you. You need a team on your side. Call (214) 903-4000 for a free consultation.
The Claims Process for Dallas Catastrophic Injury Cases
Most catastrophic injury cases settle before trial. But reaching a fair settlement requires thorough preparation and aggressive negotiation.
Step 1: Investigation
We start by investigating how the injury occurred. This includes reviewing police reports, obtaining medical records, interviewing witnesses, photographing the accident scene, and consulting with experts. In vehicle crash cases, we may hire accident reconstruction specialists. In product liability cases, we work with engineers to identify design or manufacturing defects.
Step 2: Medical Treatment and Documentation
You should follow all treatment recommendations from your doctors. Missing appointments or refusing recommended treatment gives insurance companies ammunition to argue your injuries aren’t as severe as you claim.
We work closely with your medical providers to document your injuries, prognosis, and future care needs. For catastrophic injuries, this often requires obtaining opinions from specialists and creating a life care plan that details the costs of ongoing treatment, equipment, and assistance.
Step 3: Demand Letter
Once you reach maximum medical improvement (the point where further treatment won’t significantly improve your condition), we send a demand letter to the insurance company. The letter outlines the facts of the case, explains why their insured is liable, itemizes your damages, and demands a specific settlement amount.
Step 4: Negotiation
The insurance company will respond with a counteroffer. We negotiate back and forth, often for weeks or months, until we reach an acceptable settlement or determine that trial is necessary.
Step 5: Filing a Lawsuit
If settlement negotiations fail, we file a lawsuit in Dallas County District Court. Texas gives injury victims two years from the date of injury to file suit under Texas Civil Practice and Remedies Code § 16.003. Missing this deadline means you lose the right to recover compensation forever.
Step 6: Discovery
During the discovery phase, both sides exchange information through written questions (interrogatories), document requests, and depositions. We take depositions of the defendant and any witnesses to lock in their testimony. The defense will depose you and your medical experts.
Step 7: Mediation
Most Dallas County judges require parties to attempt mediation before trial. A neutral mediator helps both sides negotiate a settlement. If mediation fails, the case proceeds to trial.
Step 8: Trial
At trial, a jury hears evidence from both sides and decides who was at fault and how much compensation you should receive. Catastrophic injury trials can last several days or weeks depending on the complexity of the medical evidence.
The entire process typically takes 18 to 36 months from the date of injury to resolution. Catastrophic injury cases take longer than simple car accident cases because the injuries are more complex and the stakes are higher.
Why Insurance Companies Fight Catastrophic Injury Claims
Insurance companies are businesses. Their goal is to pay out as little as possible on every claim. When the potential payout is millions of dollars, they fight even harder.
Common tactics include disputing liability by claiming you were partially or fully at fault, minimizing your injuries by arguing they’re not as severe as you claim, blaming pre-existing conditions for some or all of your symptoms, and delaying payment to pressure you into accepting a low settlement.
They will send investigators to surveil you in hopes of catching you doing something inconsistent with your claimed injuries. They will comb through your social media looking for photos or posts that suggest you’re not as disabled as you claim.
Insurance adjusters are trained negotiators. They will act friendly and sympathetic while gathering information to use against you later. Anything you say to an insurance adjuster can and will be used to reduce your settlement.
That’s why you should never speak to an insurance adjuster without a lawyer present. Our Dallas catastrophic injury lawyers handle all communication with insurance companies. We know their tactics and we don’t fall for them.
Watch: What Is Your Texas Personal Injury Case Worth?
What to Expect From Varghese Summersett
Varghese Summersett’s Dallas personal injury team has secured significant compensation for catastrophic injury victims throughout North Texas. We have the resources to hire top experts and the trial experience to take on major insurance companies in court if they refuse to make a fair offer.
When you hire us, you get a dedicated legal team that includes experienced trial lawyers, paralegals, and case managers. We handle all aspects of your case so you can focus on recovery.
We work on a contingency fee basis. That means you pay no upfront costs and no attorney fees unless we win. If we don’t recover compensation for you, you owe us nothing.
Our Dallas office is located near the downtown courthouse, making it easy to meet with our lawyers and attend court proceedings. We also represent clients throughout Dallas County, including Richardson, Garland, Irving, Grand Prairie, Mesquite, Carrollton, and Plano.
Schedule a free consultation. Our Dallas catastrophic injury lawyers will review your case at no cost and help you understand your options. Call (214) 903-4000 or contact us online.
Frequently Asked Questions
How long do I have to file a catastrophic injury lawsuit in Dallas?
Texas gives you two years from the date of injury to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003. If you file after the deadline, the court will dismiss your case and you lose the right to recover compensation. There are limited exceptions for injuries to minors and cases where the defendant concealed their role in causing the injury. Don’t wait. Contact a Dallas catastrophic injury lawyer as soon as possible to protect your rights.
What if I can’t afford a catastrophic injury lawyer?
You can afford us. We handle catastrophic injury cases on a contingency fee basis. You pay no upfront costs and no attorney fees unless we win your case. If we don’t recover compensation for you, you owe us nothing. We advance all case expenses, including expert witness fees, court costs, and investigation costs. You don’t pay us back unless we win.
Should I accept the insurance company’s first settlement offer?
No. The first offer is always low. Insurance companies know most victims are desperate for money to pay medical bills and replace lost income. They make quick, low offers hoping you’ll accept before you understand the full extent of your injuries and future needs. Once you accept a settlement and sign a release, you cannot go back and ask for more money later, even if your medical condition worsens. Always consult with a catastrophic injury lawyer before accepting any settlement offer.
What if my catastrophic injury was partially my fault?
Texas follows a modified comparative negligence rule. If you were partially at fault for your injury, your compensation is reduced by your percentage of fault. For example, if a jury finds you 20% at fault and awards you $1 million, you would receive $800,000. However, if you are found more than 50% at fault, you cannot recover anything. Insurance companies will try to shift as much blame as possible onto you to reduce what they have to pay. An experienced Dallas catastrophic injury lawyer will investigate the accident, gather evidence, and fight back against these tactics.
How much is my Dallas catastrophic injury case worth?
The value of your case depends on the severity of your injuries, the amount of your medical bills, how much work you missed, whether you can return to your previous job, and how the injury affects your daily life. Cases involving permanent paralysis, severe brain injuries, or amputations typically result in higher settlements because the lifetime costs of care are substantial. The only way to know what your case is worth is to have an experienced Dallas catastrophic injury lawyer review your case. Call us at (214) 903-4000 for a free case evaluation.
Get clarity about your options today. Catastrophic injuries require catastrophic compensation. Our Dallas personal injury lawyers fight for every dollar you deserve. Call (214) 903-4000 for a free consultation.
Dallas Personal Injury Practice Areas
Our Dallas injury lawyers fight for maximum compensation
Vehicle Accidents
Other Injuries
Injured in Dallas? Get a free consultation.
