Accidents caused by negligent behavior can lead to devastating conditions, like quadriplegia injuries, which can result in paralysis. When a person sustains this type of injury, they lose voluntary movement of the muscles and limbs below their neck. Spinal cord or neck injuries typically cause this condition.

A Houston quadriplegia injury lawyer could guide you through the process of filing a lawsuit to recoup monetary compensation if you were injured due to an individual or business’s negligence. Call one of our catastrophic injury attorneys today to find out more information.

The Court Could Block Recovery if a Victim Was Also Negligent

When a person brings a quadriplegia injury claim, they must prove the negligence of the other party involved in the accident to recover damages. A variety of reckless or intentional actions involving negligence can lead to quadriplegia injuries:

Depending on the type of accident that led to the quadriplegia, a court could potentially limit a plaintiff’s ability to recover damages. While the at-fault party is normally clear in medical malpractice cases, there are some cases in which there could be more than one negligent party, like car crashes.

The court in these cases will make a ruling on the percentage of fault for each party under the state’s modified comparative negligence doctrine, Texas Civil Practice & Remedies Code § 33.001. When a plaintiff is more than 50 percent responsible for the negligence that caused the accident, they cannot recover damages.

When a plaintiff is found comparatively negligent while remaining under the threshold, they can only receive reduced damages proportionate to their percentage of responsibility. An attorney in Houston could help the claimant determine if their negligence will limit recovery for their quadriplegia injury.

Special State Rules for Quadriplegia Personal Injury Claims

The state also has procedural rules that can impact a personal injury claim due to quadriplegia. Tex. Civ. Prac. & Rem. Code § 16.003 requires that these personal injury lawsuits be filed within two years from the date of the accident. The court will dismiss lawsuits that are not filed within this time period.

A Houston lawyer could help determine if there is an exception for the quadriplegia injury claim in the event the statute of limitations has passed. For example, the two-year deadline for injuries to minors starts tolling when they turn 18, according to Tex. Civ. Prac. & Rem. Code § 16.001.

The state also has special rules for medical malpractice claims. Tex. Civ. Prac. & Rem. Code § 74.251(a) stipulates that minors injured at the age of 12 or younger have either two years or until the age of 14 to have a claim brought on their behalf.

Additionally, the state has a statute of repose for medical malpractice claims under Tex. Civ. Prac. & Rem. Code § 74.251(b). The rule states that plaintiffs cannot bring claims more than 10 years from the date of the incident, regardless of when the injury was discovered.

Texas Has Dollar Limits on Certain Types of Damages and Claims

If a plaintiff brings a successful personal injury claim for a quadriplegia injury, an attorney in Houston could advise a person about potential caps on the amount of recoverable damages.

The state does not generally cap damages for economic losses, like medical costs, or noneconomic losses, such as pain and suffering. Plaintiffs can also pursue punitive damages to punish defendants for gross negligence under Tex. Civ. Prac. & Rem. Code § 41.001.

However, the state caps monetary recovery from punitive changes at the greater of either $200,000 or double the amount of economic damages plus the amount of noneconomic damages, with a total cap of $750,000.

For healthcare liability claims, the state also limits noneconomic damages recovery at $250,000 per person with a total cap of $500,000 for incidents with multiple victims under Tex. Civ. Prac. & Rem. Code § 74.301.

Reach Out to a Houston Attorney Soon if an Accident Causes Quadriplegic Injuries

Quadriplegia injuries can be physically, emotionally, and financially devastating to a person. Luckily, you can recover damages to at least cover the medical costs and relieve your stress. Get in touch with a Houston quadriplegia injury lawyer as soon as possible when you or a loved one are injured.

Delays in filing your claim can hurt your ability to recover monetary compensation, so it is best to call sooner than later. If the injury was caused by medical malpractice, the attorney could advise you on special state rules that impact healthcare liability claims. Call today to speak with one of our dedicated team members and get started on your strategy.