In particularly severe cases, an individual may suffer catastrophic injuries after an accident. Catastrophic injuries are classified as injuries that are disabling in nature. This can include traumatic brain injuries or spinal cord injuries, paralysis, accidental amputations, severe burns, or internal organ damage. In most cases, the medical treatment required for these types of injuries is extensive and ongoing. The cost of care, coupled with the loss of income/wages can prove a serious financial burden for the victim and his or her family.
Catastrophic injuries are also different from other types of injuries in that they can render the victim unable to perform any type of gainful work. In other words, a person who has suffered a catastrophic injury is not only unable to return to his or her previous employment, he or she is unable to work at all.
To find out how an Austin catastrophic injury attorney can help you take legal action, contact Howry Breen & Herman at (512) 430-4844 for a free consultation.
Understanding Catastrophic Injuries and Their Impact in Austin
Just as there are countless different types of accidents, catastrophic injuries can occur in any number of ways. Unfortunately, such injuries are often the result of another person, company, or entity’s negligence.
Catastrophic injuries commonly occur as a result of:
Car, truck, or motorcycle accidents
Sporting accidents (especially football and cheerleading)
Bicycle and pedestrian accidents
Golf cart and utility vehicle accidents
Construction and oilfield accidents
Defective products, including defective drugs and medical devices
Medical malpractice
Dangerous or defective premises
This list is not exhaustive; any type of severe accident can lead to catastrophic injuries. At Howry Breen & Herman, we assist victims of catastrophic injuries in their fight for a fair recovery.
While we regularly handle all types of catastrophic injury claims, we particularly focus on:
Brain injuries: Traumatic brain injuries (TBIs) often result in significant, permanent damage and limitations. Our firm has successfully represented victims of all types of TBIs—from concussions to coup-contrecoup injuries to skull fractures—fight for fair compensation for their current and future damages.
Burn injuries: Severe burns are not only physically disfiguring, but they also leave lasting emotional scars. Our attorneys fight to help burn injury victims recover fair financial compensation for their ongoing medical expenses, future care, pain and suffering, and other life-altering damages.
Spine injuries: A spinal cord injury can have numerous, long-lasting effects, from limited mobility to total paralysis and lifelong disability. At Howry, Breen & Herman, LLP, our attorneys fight to help victims of serious spine injuries recover the compensation they need to heal and move forward with their lives.
Amputation: The loss of a limb or extremity due to injury or medical conditions. Amputation can severely impact a person's mobility and daily activities, often necessitating prosthetic devices and extensive rehabilitation.
Broken Bones: While many fractures heal with proper treatment, severe or complex fractures—such as compound fractures where the bone breaks through the skin—can result in long-term disability or complications.
Internal Injuries: Damage to internal organs, such as the liver, kidneys, or lungs, which can be life-threatening and may require surgical intervention or long-term medical management.
Vision Loss: Severe trauma to the eyes or head can result in partial or complete loss of vision, which can significantly affect daily life and personal independence.
Hearing Loss: Serious injuries to the head or ears can lead to partial or total loss of hearing, impacting communication and quality of life.
No matter how difficult or complex your case may be, our team is here to provide you with compassionate, one-on-one legal counsel and uncompromising representation from start to finish. With nearly 25 years of experience, including extensive litigation experience, we are well-equipped to try even the toughest of cases.
Long-Term Effects of Catastrophic Injuries
The long-term effects vary depending on the type and severity of the injury, but common consequences include:
Physical Disabilities: Catastrophic injuries often result in significant loss of mobility, requiring the use of wheelchairs, prosthetics, or other assistive devices. Chronic pain and limited functionality, such as reduced cognitive abilities from brain injuries, can severely impact daily activities and overall quality of life.
Medical Complications: Ongoing medical care is typically necessary for catastrophic injuries, including surgeries, physical therapy, and regular check-ups. Patients may face complications such as infections or secondary conditions, complicating their recovery process and requiring additional treatments.
Psychological and Emotional Impact: Individuals may experience mental health issues such as depression, anxiety, or PTSD due to their injury and its life-altering effects. The emotional trauma from adjusting to a new way of life can significantly affect their psychological well-being.
Social and Lifestyle Changes: Physical and psychological changes can alter personal relationships, social interactions, and community involvement. Employment challenges may arise, potentially leading to financial stress and the need for career adjustments or reliance on disability benefits.
Financial Strain: The costs of ongoing medical care, rehabilitation, and adaptive technologies can create substantial financial burdens. Additionally, the loss of income due to reduced work capacity can lead to financial instability and increased stress.
Impact on Daily Living: Daily tasks such as dressing, bathing, or cooking may become challenging, necessitating assistance or adaptive equipment. Home modifications may also be needed to accommodate physical disabilities, enhancing accessibility and independence.
Long-Term Rehabilitation Needs: Long-term rehabilitation is often required to maximize recovery and adapt to new physical or cognitive limitations. Continuous support from healthcare professionals, social workers, and counselors is crucial for managing the long-term effects of the injury.
Types of Compensation Available in Catastrophic Injury Cases
Victims of catastrophic injuries often face overwhelming expenses, long-term care needs, and life-changing limitations. If your injury was caused by another party’s negligence, you may be entitled to various forms of compensation to help you rebuild your life. At Howry Breen & Herman, LLP, our Austin catastrophic injury attorneys aggressively pursue maximum compensation for victims, ensuring every aspect of your suffering is addressed.
Economic Damages
Economic damages cover the tangible financial losses associated with a catastrophic injury. These are generally easier to calculate and are supported by medical bills, receipts, and wage documentation. They include:
Medical Expenses: This includes emergency room care, hospital stays, surgeries, rehabilitation, prescription medication, and future medical treatment like in-home care or assistive devices.
Lost Wages: Victims may be unable to work temporarily or permanently. Compensation can include wages lost during recovery and future lost earning potential.
Cost of Rehabilitation and Long-Term Care: Many catastrophic injury victims require long-term physical therapy, occupational therapy, or even around-the-clock care.
Home and Vehicle Modifications: If your injury necessitates home renovations (e.g., wheelchair ramps, stair lifts) or modified vehicles, these costs may be covered.
Non-Economic Damages
Catastrophic injuries don’t only affect your finances—they dramatically impact your emotional well-being and overall quality of life. Non-economic damages are designed to compensate for these intangible losses, including:
Pain and Suffering: Compensation for physical pain and discomfort endured during and after the injury.
Emotional Distress: Covers psychological impacts like depression, anxiety, and post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life: If you can no longer enjoy activities, hobbies, or experiences you once loved, you may be compensated for that loss.
Loss of Consortium: In some cases, spouses or family members can claim damages for the loss of companionship, affection, or sexual relationship.
Punitive Damages
While not awarded in every case, punitive damages may be granted when the defendant’s conduct is found to be especially reckless, malicious, or egregious. These damages are intended to punish the wrongdoer and deter similar behavior in the future. For example, punitive damages may be available in cases involving:
Drunk or distracted driving
Willful safety violations at job sites
Medical malpractice involving gross negligence
Our experienced Austin personal injury lawyers will evaluate your case to determine whether punitive damages may apply.
Proving Liability in a Catastrophic Injury Case
Successfully recovering compensation for a catastrophic injury hinges on your ability to prove liability. In Texas, personal injury claims are typically based on negligence, meaning someone failed to exercise reasonable care, and that failure led to your injury.
Our catastrophic injury attorneys in Austin use a variety of methods to establish fault and strengthen your case.
Elements of Negligence
To prove negligence, the following four elements must be established:
Duty of Care: The defendant had a legal obligation to act with reasonable care under the circumstances.
Breach of Duty: The defendant breached that duty through action or inaction.
Causation: The breach directly caused the victim’s injuries.
Damages: The victim suffered measurable harm as a result.
Evidence Collection
Building a strong case starts with thorough evidence collection. This may include:
Police or accident reports
Surveillance footage
Medical records
Photographs from the scene
Eyewitness statements
Employment and wage documentation
Maintenance or inspection logs (in cases of premises or product liability)
Our team ensures every piece of available evidence is gathered and preserved to prove your claim.
Expert Testimony
Expert witnesses often play a critical role in catastrophic injury cases, especially when proving the long-term impact of an injury. We work with:
Medical experts to explain the nature and severity of your injuries
Vocational experts to assess how your injury affects your ability to work
Life care planners to project future medical needs and expenses
Economists to calculate lost future earnings and financial losses
Accident Reconstruction
In cases involving complex incidents—such as motor vehicle accidents, workplace injuries, or product failures—our attorneys may use accident reconstruction specialists. These experts analyze physical evidence, skid marks, damage patterns, and other data to recreate the incident and establish how the defendant’s negligence led to the injury.
Securing Maximum Compensation for Catastrophic Injury Victims in Austin
Catastrophic injuries have lasting, life-altering impacts, both for victims and their loved ones. Often, a close family member of the victim will have to take off work, either temporarily or permanently, in order to care for their loved one. The cost of mounting medical bills can be staggering, and the physical and emotional strain on victims and their families is often immense.
At Howry Breen & Herman, we understand just how difficult it is to move forward after a catastrophic injury. Our team strives to ease your stress in any way possible. Our Austin catastrophic injury attorneys can handle every aspect of your case so that you can focus on healing, and we always seek to recover the full settlement or verdict you are owed.
Did you or a loved one suffer severe, life-altering injuries as a result of someone else’s negligence? Call our firm at (512) 430-4844 for a complimentary case evaluation with our legal team.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
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We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
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My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
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Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
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Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.