Were you or someone you love involved in a catastrophic injury and now face more medical expenses and lost income than you can afford? You may have a claim against the person who caused the injuries. We would love the opportunity to review your claim and help you learn everything you need to know about receiving payments in a Houston catastrophic injury case.
Contact our dedicated catastrophic injury attorneys today for a free consultation.
What Is a Catastrophic Injury?
A catastrophic injury leaves a lasting impact on the injured individual. Some common injuries that are considered catastrophic include:
- Amputations
- Severe burns
- Loss of vision
- Traumatic spinal cord damage or paralysis
In short, these injuries require lifelong medical care or result in a significant loss of enjoyment of life. Receiving payments in a Houston catastrophic injury case often becomes essential to cover the cost of ongoing treatment, support services, and lost earning capacity.
The Statute of Limitations for Catastrophic Injury Claims
Texas has established a two-year statute of limitations for personal injury claims, including those that cause catastrophic injuries. Therefore, it is crucial to start building a claim as soon as possible if severely injured. Otherwise, the injured person may sacrifice their ability to receive the maximum compensation for their injuries.
How Are Payments Received in a Catastrophic Injury Case in Texas?
If a person sustains a catastrophic injury in Houston, compensation may be available to help with the cost of:
- Lost wages
- Medical bills
- Property damages
- Pain and suffering
- And other applicable compensation
Typically, compensation will be paid through a personal injury settlement. This is an agreement between the injured party and the at-fault party. The at-fault party’s insurance may also cover some of the cost, if not all.
Unfortunately, reaching a settlement agreement is the hardest part of the process. Depending on the compensation amount, negotiations and hearings could take months or years before reaching a final agreement and setting the payment terms.
However, once everything is agreed on, payments will typically be disbursed in one of two ways: a lump sum or a structured settlement.
The Lump Sum Payment
The injured party receives a single payment, minus any applicable fees or liens, through this method. After agreeing to a settlement, they sign a release form confirming they will not pursue further legal action. Settlement funds are typically disbursed within 30 to 60 days.
The downside to a lump sum payment is the release form. It limits the ability to obtain more money if necessary. If there are long-term injuries and medical expenses, the plaintiff must settle for an amount that will cover those future expenses. This may be difficult as people often fail to put aside money to cover those future costs.
A Structured Settlement
Structured Settlements are different. These payments may be made monthly, annually, or at longer intervals. This can be helpful when trying to cover long-term medical expenses. For this to happen, the at-fault party’s insurance company may purchase an annuity from a life insurance company that makes payments on a set schedule.
Once the parties agree on a payment schedule, modifying it later is often difficult or impossible. This can result in financial strain if the individual faces expenses that exceed the agreed payments.
The state may also provide additional financial resources to injured parties. To qualify, an injured individual must have suffered a catastrophic injury during a criminal act. Victims can apply for the Crime Victims’ Compensation Program (CVC), which may provide additional financial support.
Contact Our Legal Team to Discover What Comes Next
Suffering a catastrophic injury is overwhelming enough without the added stress of securing the compensation you need to cover your expenses. At Benjamin Roberts Law, we provide compassionate, knowledgeable support every step of the way.
We’ll review your case, discuss your options for receiving payments in a Houston catastrophic injury case, evaluate your evidence, and guide you on the next legal steps. Contact us today to start building your claim with confidence.
Below are just some of the more common types of cases that Benjamin Roberts represents personal injury clients.
For a full list of the cases we handle, please see the Practice Areas link at the top of the page.