San Antonio, TX Personal Injury Lawyers
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San Antonio Catastrophic Injury Lawyer

When a Serious Injury Changes Everything, We Fight to Make It Right

Some injuries heal. Others don't. When a catastrophic injury takes away your ability to work, move, or live the way you did before, the financial and emotional weight can feel impossible to carry. Medical bills stack up fast. Treatments stretch on for months or years. The person you were before the accident may feel like a distant memory. At The Herrera Law Firm, our San Antonio personal injury attorneys understand what's at stake when lives are permanently altered, and we have the resources and determination to pursue the full compensation you deserve.

What Is a Catastrophic Injury?

The term "catastrophic injury" refers to severe injuries that cause long-term or permanent disability, impair a victim's ability to work, and require extensive ongoing medical care. Catastrophic injuries include spinal cord injuries, severe traumatic brain injuries, and injuries resulting in permanent incapacity to perform any work. In practice, catastrophic injuries reach further than any legal definition can capture. They reshape families, drain savings, and leave victims dependent on others for tasks they once handled without a second thought.

What separates a catastrophic injury from a serious one is permanence. A broken leg heals. A severed spinal cord doesn't. Catastrophic injuries often require multiple surgeries, long-term rehabilitation, home modifications, and lifetime care, all of which come at a cost that insurance companies routinely fight to minimize.

Catastrophic Injuries Our San Antonio Attorneys Handle

The attorneys at The Herrera Law Firm represent victims across San Antonio and throughout Texas who have suffered some of the most devastating injuries imaginable. The following injury types fall under the catastrophic injury umbrella.

Traumatic Brain Injuries (TBI)

A blow to the head, whether sustained in a car accident, a fall, or another type of incident, can lead to a traumatic brain injury. A TBI may not always be apparent right away. It can require time and careful medical analysis, which is why immediate medical attention after any accident involving a head impact is critical.

Our San Antonio catastrophic injury attorneys have access to crucial resources, including medical professionals who can determine a victim's long-term needs. TBI cases frequently require input from neuropsychologists, life care planners, rehabilitation experts, and other specialists. Brain injury victims may lose their ability to remember, think clearly, or control their emotions, and the injuries can result in comas or permanent mental and physical impairment.

Brain injuries generally fall into two categories: open head injuries, which typically involve penetration of the skull, and closed head injuries, such as a concussion, where trauma occurs without the skull fracturing. Both can be catastrophic. Common symptoms of a traumatic brain injury include concentration difficulties, memory problems, an inability to carry out work responsibilities, and significant personality changes or mood swings.

A severe TBI can lead to a coma, which carries its own set of devastating consequences for victims and families alike. Medical professionals typically assess coma severity using the Glasgow Coma Scale, which measures eye, verbal, and motor responses on a combined scale. A score at or above 13 is considered minor, while a score at or below 8 is considered severe. Some patients emerge from a coma after two to four weeks, while others may enter a permanent vegetative state requiring continuous long-term care. Insurance companies often try to settle these cases quickly before the full scope of long-term losses becomes clear.

Spinal Cord Injuries

Spinal cord injuries are often the result of accidents involving significant force, including high-speed vehicle crashes, falls from heights, and construction accidents. Damage to the spinal cord can result in paraplegia or quadriplegia, both of which fundamentally alter a victim's life.

Paraplegia is characterized by the loss of movement and function below the waist. In extreme cases, victims can no longer use their legs at all, though some retain limited hip, knee, or foot mobility. Quadriplegia refers to paralysis from the neck down, occurring when one of the cervical vertebrae above the first thoracic vertebra is injured. In addition to losing movement in all four limbs, a quadriplegic may experience pain and suffering, loss of bladder or bowel control, spasms, and sexual dysfunction.

Both conditions carry substantial financial consequences. You may be unable to work in the same capacity and may face significant non-financial losses as well, including pain and suffering, mental anguish, and loss of consortium. Our legal team works to pursue maximum compensation that accounts for a victim's long-term needs.

Severe Burn Injuries

No matter how a burn injury occurs, these injuries are among the most painful a person can endure. They may result in permanent disfigurement, lengthy rehabilitation, and sometimes death, which can form the basis of a wrongful death claim. The most common types of burn injuries include the following:

  • Thermal Burns: Burns caused by contact with a heat source or open flame, such as those that occur in vehicle accidents or explosions.
  • Chemical Burns: Burns caused by contact with a dangerous or defective product, or by inhalation of toxic fumes.
  • Scalding Injuries: Burns caused by contact with extremely hot water. Business owners and landlords have a responsibility to maintain safe water heater temperatures, and failures to do so can support a premises liability claim.
  • Electrical Burns: Burns caused when electrical current passes through the body, whether from a defective product or a hazard involving third-party negligence.

Burn injuries are classified by degree. First-degree burns involve minor pain and redness of the skin. Second-degree burns cause blistering and superficial destruction of the dermis. Third-degree burns extend into deeper tissue, destroying both the epidermis and dermis. Fourth-degree burns completely destroy the skin and can damage muscle, fascia, or bone. Third- and fourth-degree burns routinely require multiple surgeries and extended recovery periods during which victims cannot work or care for themselves.

Amputation and Loss of Limbs

Losing a limb due to traumatic amputation is among the most life-altering injuries a person can experience. You may be unable to work in certain settings, care for your children full time, or perform activities you previously took for granted. The long-term costs of amputation, including prosthetics, ongoing therapy, home modifications, and the psychological toll, all factor into the compensation a victim deserves to recover.

Loss of Sight

Losing the ability to see due to an accident can be devastating in ways that go beyond the physical injury. If you lose your vision, you may be unable to continue working, drive a car, or care for children or other dependents. Vision loss victims often face a lifetime of adaptive services and accommodations that carry significant financial costs, and insurance companies consistently try to undervalue these long-term losses. Our San Antonio catastrophic injury attorneys take aggressive action to pursue the full compensation our clients need.

Internal Injuries Requiring Surgery

An internal injury from an accident can become life-threatening within moments due to blood loss and impaired organ function. Internal injuries may affect the liver, spleen, pancreas, stomach, or other organs. They may also produce shock, which occurs when the body begins to shut down as a result of internal bleeding or significant blood loss. Signs of shock include clammy skin, confusion, shallow breathing, rapid or weak pulse, and loss of consciousness.

Even a technically successful surgery may leave a victim with permanent impairment and treatment needs that extend for years. That's why you need an attorney who understands the full scope of a victim's losses, not just the immediate medical bills.

Steps to Take After a Catastrophic Injury

The actions you take in the days and weeks following a catastrophic injury can have a direct impact on your legal claim. If you or a loved one has been seriously injured due to someone else's negligence, here's what matters most:

  1. Seek Emergency Medical Care Immediately: Even injuries that don't appear severe at first can worsen rapidly without treatment. A documented medical record from the date of the accident is one of the most important pieces of evidence in any catastrophic injury case.
  2. Follow All Treatment Plans and Attend Every Appointment: Gaps in treatment give insurance companies a reason to argue that your injuries aren't as serious as you claim. Consistent medical care both strengthens your case and gives you the best possible chance at recovery.
  3. Preserve All Evidence From the Accident: Photographs, witness contact information, accident reports, and physical evidence from the scene all become critical as your case develops. If you can't gather evidence yourself due to your injuries, a family member or your attorney can help.
  4. Avoid Giving Recorded Statements to Insurance Adjusters: Insurance companies may reach out within hours of a catastrophic injury. Any recorded statement you give can be used to limit or deny your claim. Speak with an attorney before saying anything on record.
  5. Contact a San Antonio Catastrophic Injury Attorney as Soon as Possible: Texas has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code Section 16.003. Acting early gives your legal team time to investigate, preserve evidence, and build the strongest possible case.

Steps in a Catastrophic Injury Lawsuit

A catastrophic injury claim follows the same general framework as any Texas personal injury case, but the stakes are significantly higher. Your attorney must first establish that another party's wrongful conduct caused your injuries. From there, your legal team works to document and value your damages, which in catastrophic cases can include current and future medical expenses, lost wages, lost earning capacity, the cost of long-term care, and pain and suffering. Understanding how compensation is calculated in Texas before you negotiate is critical to avoiding a settlement that can't be revisited later.

Once your attorney has built the evidentiary record, the case typically moves through a demand and negotiation phase. If the insurance company refuses to offer fair compensation, the next step is filing a personal injury lawsuit and taking the case through discovery and, if necessary, trial. The firms that get results in catastrophic injury cases are the ones insurance companies know will follow through.

In some cases, catastrophic injuries are fatal. When that happens, surviving family members may have the right to pursue a wrongful death claim in addition to, or instead of, a personal injury claim.

Choosing the Right Law Firm for a Catastrophic Injury Case

At The Herrera Law Firm, our San Antonio catastrophic injury attorneys have represented seriously injured victims across Texas for decades. Founder Frank Herrera Jr.'s philosophy has never changed: "Winning isn't luck. It's knowing how to fight." That approach matters in catastrophic injury cases more than almost any other.

We have the resources to hire the experts your case requires, the relationships with medical professionals who advocate for victims rather than insurers, and a track record of results that insurance companies recognize when they sit across from us at the negotiating table.

Frequently Asked Questions About Catastrophic Injury Claims

What qualifies as a catastrophic injury in Texas?

There is no single statutory definition in Texas civil law, but courts and practitioners generally treat injuries as catastrophic when they result in permanent disability, prevent a victim from returning to their prior occupation, or require a lifetime of ongoing medical care. This commonly includes severe TBIs, spinal cord injuries resulting in paralysis, amputations, severe burns, and total or near-total vision loss.

How long do I have to file a catastrophic injury claim in Texas?

In most cases, Texas law gives injury victims two years from the date of the accident to file a personal injury lawsuit. Missing that deadline typically means losing the right to recover compensation entirely. There are limited exceptions, such as cases involving minors or claims against government entities, which carry shorter notice requirements. The sooner you contact an attorney, the more time your legal team has to build a strong case.

Can I afford to hire a catastrophic injury attorney?

Yes. The Herrera Law Firm handles catastrophic injury cases on a contingency fee basis, which means there are no upfront costs and no legal fees of any kind unless we secure a financial recovery for you. You pay nothing out of pocket while your case is open.

What compensation can I recover for a catastrophic injury?

Recoverable damages can include current and future medical expenses, lost wages, diminished earning capacity, the cost of long-term or lifetime care, home modification costs, pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving extreme negligence or recklessness, punitive damages may also be available. Because catastrophic injury damages are complex to calculate, having an attorney with access to medical and economic experts is essential.

Is the insurance company's first offer fair?

Rarely. Insurance companies in catastrophic injury cases know the numbers are high, and their initial offers are almost always structured to minimize the payout before the full scope of a victim's long-term losses has been documented. Accepting an early settlement permanently closes off your right to seek additional compensation, even if new medical needs emerge later. Never accept an offer without first consulting with an attorney who can evaluate the true value of your claim.

Contact Our San Antonio Catastrophic Injury Attorneys Today

If you or a family member has suffered a catastrophic injury in San Antonio or anywhere in Texas, don't face the insurance companies on your own. Our attorneys will review your case at no cost, and we represent catastrophic injury victims on a contingency fee basis, meaning our fee comes only from the compensation we recover for you. Contact us today for your free case evaluation.

Free Case Consultation

    The Herrera
    Law Firm
    1800 W. Commerce St.
    San Antonio, TX 78207
    Toll Free: 1-800-455-1054
    Phone: 1-210-224-1054
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