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

Texas gives you two years from the date of the injury to file a personal injury lawsuit under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). The deadline runs from the injury date, not from the date your condition stabilizes or you reach maximum medical improvement. Missing this deadline bars all recovery regardless of how severe the injury or how clear the liability.

What is the difference between a catastrophic injury and a serious injury under Texas law?

A serious injury involves significant harm and extended recovery but may resolve over time. A catastrophic injury permanently impairs major life functions or requires long-term medical management. The legal distinction matters because catastrophic injuries require different damages analysis: life care planning, vocational expert testimony, and projections of lifetime care costs that a standard personal injury case does not.

Can I recover damages if I was partially at fault for my catastrophic injury in Texas?

Yes, if your percentage of fault is 50% or less. Under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm), Texas bars recovery only when the claimant's fault exceeds 50%. At exactly 50%, you recover with a proportionate reduction. If the defense attributes 51% or more fault to you, recovery is zero. This is why fault investigation and evidence preservation are critical from the first hours after the injury.

What is life care planning and why does it matter in my catastrophic injury case?

A life care plan projects all future medical and support costs for a catastrophically injured person. It is prepared by a certified life care planner, typically a nurse or rehabilitation specialist. It itemizes future surgeries, attendant care hours, medical equipment, home modifications, and specialist visits over the projected lifetime. Without a life care plan, future damages are speculative and harder to prove. With one, they are calculated and documented for the jury.

Are non-economic damages capped in Texas catastrophic injury cases?

Not in standard personal injury cases. The damage caps in [CPRC Chapter 74](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm) ($250,000 per provider for noneconomic damages) apply only to medical malpractice cases. If your catastrophic injury resulted from a motor vehicle crash, industrial accident, construction site incident, or premises liability event, those caps do not apply. There is no statutory cap on non-economic damages in standard personal injury cases under Texas law.

What makes an injury qualify for exemplary damages in Texas?

Exemplary damages under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) require clear and convincing evidence of fraud, malice, or gross negligence. Gross negligence means the defendant was consciously indifferent to the rights or safety of others. Examples: a commercial truck driver with a documented history of prior violations who was driving while intoxicated, or an employer who knew about a dangerous equipment defect and kept it in service anyway. The standard is higher than ordinary negligence.

How does the Haygood rule affect my medical expense recovery in Texas?

Under [CPRC Section 41.0105](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) and the Texas Supreme Court's ruling in Haygood v. De Escabedo, your recovery of past medical expenses is limited to the amounts actually paid or incurred, not the original billed amounts. If your insurer negotiated the hospital bill from $200,000 to $80,000 and paid $80,000, your recoverable past medical expenses are $80,000. Future medical expenses projected by the life care planner are not subject to this limitation because they have not yet been incurred.

What should I do in the first 48 hours after a catastrophic injury in Longview?

Three things matter most in the first 48 hours: get medical documentation at [Good Shepherd Medical Center](https://www.gsmc.org/) or another treating facility, do not give a recorded statement to any insurance adjuster, and contact an attorney to issue a preservation demand. The preservation demand must reach the at-fault party while evidence still exists. ECM data, surveillance footage, and employment records are on overwrite schedules. Missing that window can permanently destroy evidence your case depends on.

Does a contingency fee mean I pay nothing upfront for a catastrophic injury case in Texas?

Yes. A contingency fee means you pay no attorney fees unless and until there is a recovery. Morris & Dewett handles catastrophic injury cases on this basis. Case expenses may be advanced by the firm and are repaid from the recovery. If there is no recovery, you owe no attorney fees.

What is board certification in personal injury trial law and why does it matter?

Board certification in personal injury trial law is granted by the [Texas Board of Legal Specialization](https://www.tbls.org/) to attorneys who pass a written examination, demonstrate substantial trial experience, and receive favorable peer reviews from judges and opposing counsel. It is a verifiable credential that distinguishes attorneys who have actually tried personal injury cases at a high level. Not every personal injury attorney pursues it. When comparing attorneys for a catastrophic injury case, ask whether any candidate is board certified and what the certification required.

Longview Texas Catastrophic Injury Lawyer

No one reads attorney websites until something has gone wrong. If you are here, you or someone close to you has sustained a serious injury. This page explains what Texas law says about catastrophic injury claims, what evidence matters, and what to look for in an attorney. Morris & Dewett has handled catastrophic injury cases for 25 years. Take your time. Do your research. Contact us when you are ready.

Catastrophic injuries are different from other personal injury cases in one fundamental way: the financial, medical, and personal consequences don't stop. They compound. A thorough attorney builds a case that accounts for all of it, not just the emergency room bill.

What Counts as a Catastrophic Injury Under Texas Law

Texas law does not define "catastrophic injury" by a single statute, but the term has a well-established meaning in practice: an injury that permanently impairs major life functions or requires long-term medical management. This is different from a "serious" injury, which may involve extended recovery but not permanent disability.

The recognized categories include TBI, spinal cord injury and paralysis, severe burns, amputation, vision or hearing loss, and severe organ damage. These catastrophic injuries all share one trait: the person's life after the injury is fundamentally different from their life before it.

Good Shepherd Medical Center in Longview is a Level II trauma center and the primary receiving facility for catastrophic injury victims in East Texas. If the injury happened in Gregg County or the surrounding region, Good Shepherd likely provided or coordinated initial care. That medical record is the foundation of your claim.

Morris & Dewett handles catastrophic injury cases on a Contingency Fee basis. You pay nothing upfront. Our fee comes from the recovery, not from you directly. When comparing attorneys, ask whether any candidate is board certified in personal injury trial law by the Texas Board of Legal Specialization. Board certification requires a written exam, peer review, and substantial trial experience. It is a verifiable credential, not a self-awarded title.

Child pages on this hub cover the three most common catastrophic harm categories: brain trauma cases, spinal trauma cases, and severe burns cases.

Traumatic Brain Injury in Longview Cases

TBI severity levels range from concussion to permanent, profound cognitive disability. The mechanism matters in every case. In a coup-contrecoup injury, the brain impacts the opposite side of the skull from the initial blow. This creates two injury sites from a single event. Insurance companies use complexity to dispute severity.

Symptoms are not always immediate. A person who walks away from a crash may not notice cognitive or behavioral changes for days. This delay creates an evidentiary problem: the defense argues the injury predated the accident or is unrelated. Neuropsychological testing and a full neurological workup establish the baseline and the causal connection.

Moderate-to-severe TBI requires a life care plan: a document prepared by a medical professional that projects lifetime care costs including home modifications, 24/7 attendant care, cognitive rehabilitation, and periodic specialist visits. Without a life care plan, future damages are speculative. With one, they are calculated and documented.

Ask any attorney you are evaluating how they work with neuropsychologists and life care planners on TBI cases specifically. An attorney who has handled these cases can name the types of specialists, explain how the reports interact, and describe the timeline. One who has not handled them cannot.

Spinal Cord Injuries and Paralysis

Spinal cord injuries are classified by location and completeness. Location is described by vertebral level: cervical (C1-C8), thoracic (T1-T12), lumbar, or sacral. A complete SCI means no motor or sensory function below the injury site. An incomplete injury means some function remains, and the degree of recovery is uncertain.

The location determines the functional consequence. Cervical injuries above C4 affect breathing and require ventilator support. Lower cervical injuries produce tetraplegia (four-limb involvement). Thoracic injuries produce paraplegia (lower body involvement). Each level has specific implications for lifetime care costs. Cervical injuries regularly exceed $5 million in projected lifetime care, not counting lost earning capacity.

Secondary complications compound the primary injury over time. Pressure ulcers develop from immobility. Autonomic dysreflexia affects injuries at T6 and above. Respiratory complications are a leading cause of death years after the original injury. A damages case that ignores secondary complications understates the true cost.

In crash-related spinal cord cases, a preservation demand must go out within 48 hours to protect vehicle data, black box records, and surveillance footage. Evidence dissipates quickly. Ask any attorney you are considering what their first-72-hour protocol looks like after a spinal cord case. If they don't have one, that is a red flag.

Severe Burns and Skin Injuries

Burns are classified by degree. First and second degree burns affect the skin surface. Third degree burns destroy all skin layers. Fourth degree burns damage muscle, tendon, and bone. The clinical and legal relevance lies in the treatment path: third and fourth degree burns require debridement, skin grafting, and reconstructive surgery. The process is not a single hospitalization. It is months or years of procedures.

Burn severity is measured by TBSA. The TBSA percentage determines the treatment protocol, length of hospital stay, and long-term prognosis. Insurers use TBSA to minimize claims. Your medical experts use it to establish the actual severity and long-term care requirements.

Psychological harm from severe burns is well-documented and legally compensable. PTSD, clinical depression, and body dysmorphia are recognized sequelae of major burns. These are not speculative emotional claims. They are diagnosed conditions with treatment costs. A damage case that omits psychological injury undervalues the claim significantly.

For detailed information on burn injury claims, see severe burn case details.

Amputations and Limb Loss

Traumatic amputation occurs at the moment of injury. Surgical amputation follows when a limb cannot be saved despite medical intervention. The legal and damages analysis is the same for both: the loss is permanent, the costs are ongoing, and multiple parties may be responsible.

Prosthetic technology has advanced significantly, but the financial burden has not decreased. An initial prosthetic fitting is followed by adjustments as residual limb volume changes post-injury. Prosthetic devices require replacement every three to five years, and technology-enhanced devices are substantially more expensive. Vocational and rehabilitation experts calculate the total cost over the projected working lifetime.

Phantom limb pain affects 60-80% of amputees and is a compensable element of damages. It does not resolve with time for many patients. Expert testimony from pain specialists establishes this as a documented, ongoing condition.

In work-related amputations, multiple defendants may be responsible: the employer, the equipment manufacturer, the property owner. Under Texas proportionate responsibility rules, fault is allocated among all responsible parties. Your attorney must investigate and name every responsible party to maximize recovery.

Vision and Hearing Loss from Catastrophic Events

Traumatic vision loss results from blunt force, penetrating injury, orbital fractures, or severe pressure changes from proximity to explosions. Sensorineural hearing loss results from blast exposure, severe head trauma, or direct inner ear damage. Both types of sensory loss are permanent in many cases.

The economic impact is substantial. Vision and hearing inform nearly every occupational task. Loss of either significantly narrows the range of employment available to the injured person. A vocational expert quantifies this as lost earning capacity. An ophthalmologist or audiologist establishes causation and permanency.

Texas proportionate responsibility rules apply here as in all catastrophic cases. If the defendant's counsel attempts to designate a responsible third party under CPRC Section 33.004, you have 60 days after designation to add that party as a defendant. Your attorney must monitor these designations and respond within the deadline. Missing the 60-day window eliminates recovery from that defendant entirely.

Economic Damages in Texas Catastrophic Cases

Economic damages in Texas are the quantifiable financial losses from the injury. Under CPRC Section 41.0105, recovery of past medical expenses is limited to amounts actually paid or incurred, not the amounts originally billed. This is the Haygood rule from the Texas Supreme Court's 2012 decision. If your health insurer paid $40,000 on a $120,000 bill, you can recover $40,000 for past expenses, not $120,000.

Future medical expenses are calculated by a life care planner and not subject to the Haygood limitation because they have not yet been incurred. The life care plan is projected at market rates for the geographic area. This is a critical distinction and one of the reasons life care planners are indispensable in catastrophic cases.

Loss of Earning Capacity is calculated by a vocational expert and an economist. The economist converts future earnings to present value. In young victims, these amounts can be substantial. Home modification costs, vehicle modification costs, and attendant care are calculated at market rates for Longview and East Texas.

Ask any attorney you are considering how they calculate future medical and economic losses specifically. The methodology matters as much as the number. An attorney who cannot explain the role of the life care planner, the vocational expert, and the economist in a catastrophic case has not handled these cases seriously.

Non-Economic Damages Under Texas Law

Non-economic damages in Texas cover the intangible losses: past and future pain and suffering, mental anguish, disfigurement, and physical impairment. These are separate categories, each valued independently by the jury.

Physical impairment is the loss of specific physical capabilities. It is distinct from pain and from disfigurement. A spinal cord injury produces both physical impairment (loss of use) and pain (neuropathic, phantom, or post-surgical). Each is its own damages category. Counsel must present them distinctly or the jury may merge them and undervalue the claim.

There is no cap on non-economic damages in standard personal injury catastrophic cases in Texas. The CPRC Chapter 74 caps ($250,000 per provider, $500,000 per institution for noneconomic damages) apply only to medical malpractice cases. If your catastrophic injury resulted from a car crash, construction accident, or industrial incident, those caps do not apply to you.

Loss of consortium is available to a spouse under Texas law. It compensates the spouse for loss of companionship, affection, and support caused by the injured person's condition. It is a separate claim brought alongside the injured person's claim.

Exemplary Damages for Gross Negligence in Texas

Exemplary damages are available in Texas when the defendant's conduct rises to fraud, malice, or gross negligence. The evidentiary standard is clear and convincing evidence, which is a higher burden than the preponderance standard used for liability.

Under CPRC Section 41.008, the cap is the greater of: (a) two times the amount of economic damages plus noneconomic damages up to $750,000, or (b) $200,000. In catastrophic cases with high economic damages, the multiplier formula typically produces the higher cap. Employer liability for an employee's gross negligence exists under the respondeat superior doctrine when the conduct occurred within the scope of employment.

Examples that can support an exemplary damages claim: a commercial driver who was intoxicated, a company that ignored documented equipment defects, or an employer with a pattern of OSHA violations that preceded the injury. The evidence must show more than negligence. It must show conscious indifference to the rights or safety of others.

Ask any attorney you are evaluating how they assess whether a case has exemplary damage potential. The analysis requires reviewing all pre-incident evidence, including compliance records, prior incidents, and internal communications. An attorney who has obtained exemplary damages can describe what that investigation looks like. One who has not will describe only the statutory standard.

How Long Do You Have to File a Catastrophic Injury Claim in Texas?

Texas gives injured people two years to file a personal injury lawsuit under CPRC Section 16.003(a). The clock starts on the date of the injury, not the date of MMI.

The statute of limitations for wrongful death from a catastrophic injury is also two years, but it runs from the date of death, not the date of the original injury, under CPRC Section 16.003(b). If someone was injured, survived for eight months, and died from the injury, the wrongful death deadline starts at the date of death.

Minors are protected by a tolling provision under CPRC Section 16.001. A minor injured at age 14 has until age 20 to file: the disability of minority pauses the two-year period until the 18th birthday. A catastrophic injury sustained at any age before 16 preserves filing rights well past the typical adult deadline.

The discovery rule applies only in narrow circumstances: when the injury or its cause was inherently undiscoverable through reasonable diligence. This does not apply to traumatic injury cases where the cause is obvious. Missing the two-year deadline bars all recovery entirely, regardless of how severe the injury or how clear the liability.

Texas Proportionate Responsibility in Catastrophic Cases

Texas follows a modified proportionate responsibility system under CPRC Chapter 33. If the claimant's percentage of responsibility exceeds 50%, recovery is barred. At exactly 50%, the claimant recovers with a 50% reduction. At 51%, the claimant recovers nothing.

This rule is the primary tool used by defense counsel and insurers against catastrophic injury plaintiffs. The defense strategy in nearly every catastrophic case is to attribute as much fault as possible to the victim. In practice, this means disputes over whether the plaintiff was speeding, distracted, not wearing a seatbelt, or otherwise contributing to the event.

Never give a recorded statement to an insurance adjuster without an attorney present. Adjusters are trained to elicit statements that can be used to elevate your fault percentage. An unguarded comment about what you were doing before the crash can cost you significant recovery under the proportionate responsibility formula.

Under CPRC Section 33.004, defendants can designate responsible third parties, such as contractors, vehicle owners, or employers, to share the fault allocation. This expands the pool of responsible parties but also dilutes individual defendant exposure. Only defendants with responsibility over 50% face joint and several liability for the full judgment. Defendants at 50% or below pay only their proportionate share.

Ask any attorney you are considering what their specific strategy is for protecting against fault percentage inflation. The answer should reference expert witnesses, investigation protocols, and evidence preservation, not just general statements about experience.

The Investigation Process After Catastrophic Injury

Catastrophic injury investigation begins before the hospital discharge. A preservation demand must reach the at-fault party within 48 hours for time-sensitive evidence: ECM data, surveillance footage, cellular device records, and employment records. Most of these are on automatic overwrite schedules. The demand legally obligates the holder to stop the overwrite cycle.

The independent investigation runs parallel to medical treatment. Accident reconstructionists work the physical scene and the data. OSHA inspection records are subpoenaed in industrial accident cases. Medical experts retained by the firm review the treatment records to establish causation and long-term prognosis. A life care planner and vocational expert are retained early because they need to understand the medical trajectory before they can project costs.

Morris & Dewett coordinates with treating physicians and specialists at Good Shepherd Medical Center and regional East Texas facilities throughout the case. Civil cases in Longview and Gregg County are filed in the Gregg County District Court at 100 E. Tyler St., Longview, TX 75601.

When evaluating any attorney for a catastrophic injury case, ask specifically about the life care planners, vocational experts, and accident reconstructionists they have worked with. Case volume is not a meaningful indicator. The expert network is. An attorney without an established network of catastrophic-case experts will be building one at your expense.

Frequently Asked Questions

How long do I have to file a catastrophic injury lawsuit in Texas?: Texas gives you two years from the date of the injury to file a personal injury lawsuit under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). The deadline runs from the injury date, not from the date your condition stabilizes or you reach maximum medical improvement. Missing this deadline bars all recovery regardless of how severe the injury or how clear the liability.
What is the difference between a catastrophic injury and a serious injury under Texas law?: A serious injury involves significant harm and extended recovery but may resolve over time. A catastrophic injury permanently impairs major life functions or requires long-term medical management. The legal distinction matters because catastrophic injuries require different damages analysis: life care planning, vocational expert testimony, and projections of lifetime care costs that a standard personal injury case does not.
Can I recover damages if I was partially at fault for my catastrophic injury in Texas?: Yes, if your percentage of fault is 50% or less. Under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm), Texas bars recovery only when the claimant's fault exceeds 50%. At exactly 50%, you recover with a proportionate reduction. If the defense attributes 51% or more fault to you, recovery is zero. This is why fault investigation and evidence preservation are critical from the first hours after the injury.
What is life care planning and why does it matter in my catastrophic injury case?: A life care plan projects all future medical and support costs for a catastrophically injured person. It is prepared by a certified life care planner, typically a nurse or rehabilitation specialist. It itemizes future surgeries, attendant care hours, medical equipment, home modifications, and specialist visits over the projected lifetime. Without a life care plan, future damages are speculative and harder to prove. With one, they are calculated and documented for the jury.
Are non-economic damages capped in Texas catastrophic injury cases?: Not in standard personal injury cases. The damage caps in [CPRC Chapter 74](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm) ($250,000 per provider for noneconomic damages) apply only to medical malpractice cases. If your catastrophic injury resulted from a motor vehicle crash, industrial accident, construction site incident, or premises liability event, those caps do not apply. There is no statutory cap on non-economic damages in standard personal injury cases under Texas law.
What makes an injury qualify for exemplary damages in Texas?: Exemplary damages under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) require clear and convincing evidence of fraud, malice, or gross negligence. Gross negligence means the defendant was consciously indifferent to the rights or safety of others. Examples: a commercial truck driver with a documented history of prior violations who was driving while intoxicated, or an employer who knew about a dangerous equipment defect and kept it in service anyway. The standard is higher than ordinary negligence.
How does the Haygood rule affect my medical expense recovery in Texas?: Under [CPRC Section 41.0105](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) and the Texas Supreme Court's ruling in Haygood v. De Escabedo, your recovery of past medical expenses is limited to the amounts actually paid or incurred, not the original billed amounts. If your insurer negotiated the hospital bill from $200,000 to $80,000 and paid $80,000, your recoverable past medical expenses are $80,000. Future medical expenses projected by the life care planner are not subject to this limitation because they have not yet been incurred.
What should I do in the first 48 hours after a catastrophic injury in Longview?: Three things matter most in the first 48 hours: get medical documentation at [Good Shepherd Medical Center](https://www.gsmc.org/) or another treating facility, do not give a recorded statement to any insurance adjuster, and contact an attorney to issue a preservation demand. The preservation demand must reach the at-fault party while evidence still exists. ECM data, surveillance footage, and employment records are on overwrite schedules. Missing that window can permanently destroy evidence your case depends on.
Does a contingency fee mean I pay nothing upfront for a catastrophic injury case in Texas?: Yes. A contingency fee means you pay no attorney fees unless and until there is a recovery. Morris & Dewett handles catastrophic injury cases on this basis. Case expenses may be advanced by the firm and are repaid from the recovery. If there is no recovery, you owe no attorney fees.
What is board certification in personal injury trial law and why does it matter?: Board certification in personal injury trial law is granted by the [Texas Board of Legal Specialization](https://www.tbls.org/) to attorneys who pass a written examination, demonstrate substantial trial experience, and receive favorable peer reviews from judges and opposing counsel. It is a verifiable credential that distinguishes attorneys who have actually tried personal injury cases at a high level. Not every personal injury attorney pursues it. When comparing attorneys for a catastrophic injury case, ask whether any candidate is board certified and what the certification required.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.