Serious injuries and loss
Dallas catastrophic injury lawyer.
A spinal cord injury, an amputation or a shattered leg changes the next forty years, not the next few months. The insurance company will try to settle on today's bills. We work with doctors, life care planners and economists to put the whole future on paper: the surgeries still ahead, the care at home, the job you cannot go back to. That number has to be right the first time, because in Texas you settle once.
Right now
In the first days and weeks.
- 01
Follow every medical order
Keep every appointment, therapy session and referral. Gaps in care are what the defense uses to argue the injury is not as serious as it is.
- 02
Start a simple notebook
Each day, a few lines: pain, what you could not do, who helped you, and every mile driven to a doctor. A family member can keep it for you.
- 03
Keep bills, letters and pay stubs
Hospital bills, insurance letters, lien notices and proof of what you earned before. Do not throw away anything that comes in the mail.
- 04
Say nothing to the other insurer
No recorded statement, no medical release, no quick check. Serious injury claims are where early signatures cost families the most.
- 05
Call us from the hospital if you need to
We can talk by phone or video, or meet the family. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- Generally 2 years from the injurySource: Tex. Civ. Prac. & Rem. Code 16.003
- Cap on pain and suffering
- None in most injury cases (medical malpractice is the exception)
- Medical bills you can recover
- Amounts actually paid or owed, not the full billed priceSource: Tex. Civ. Prac. & Rem. Code 41.0105
- Lost earnings
- Presented as net loss after federal income taxSource: Tex. Civ. Prac. & Rem. Code 18.091
- If you are partly at fault
- You can recover if you are 50% or less at fault, reduced by your shareSource: Tex. Civ. Prac. & Rem. Code 33.001
Texas law
How Texas values a life-changing injury.
The rules are the same as any injury claim: prove who was careless and prove what it cost you. The difference is scale. Most of the value in a catastrophic case is in the future, and the future has to be shown with evidence, not estimated by an adjuster.
| Type of loss | How it is shown |
|---|---|
| Future medical care | A life care plan: surgeries, therapy, equipment, medication and attendant care for life, priced by item. |
| Lost earning capacity | Work history, vocational testimony and an economist's calculation of what you would have earned. |
| Home and vehicle changes | Ramps, a wider bathroom, a lift, hand controls or an accessible van. |
| Physical impairment and disfigurement | What you can no longer do, and the scars or changes you live with. |
| Pain and mental anguish | Past and future, shown through your records, your family and your own words. |
You only settle once
A Texas settlement or verdict closes the claim for good. If a second surgery or a wheelchair replacement is not in the number, you cannot go back for it later.
Medical bills are limited to what is paid
Texas lets you recover the amount actually paid or owed for your care, not the full sticker price on the bill. That makes careful billing records and future cost estimates even more important.
Source: Tex. Civ. Prac. & Rem. Code 41.0105Hospitals can hold a lien
A hospital that treated you after the injury can claim part of your recovery for unpaid bills, if it follows the filing rules. Health plans, Medicaid and Medicare may also claim repayment. Those claims are negotiated as part of the case.
Source: Tex. Prop. Code 55.002Minimum insurance rarely covers it
A $30,000 car policy does not cover a spinal cord injury. We look for every source: an employer, a commercial policy, umbrella coverage, your underinsured motorist coverage, a property owner or a product maker.
Source: Tex. Transp. Code 601.072How we work
How we build a catastrophic injury case.
Mr. Estrada reads the file and sets the strategy. Our team works the case with him and keeps your family updated in English or Spanish.
01
Lock down how it happened
Scene evidence, video, vehicle data, work site records and witness statements, preserved early with formal letters.
02
Map every source of payment
Every defendant, every policy and every layer of coverage, including employers and companies behind the person who hurt you.
03
Build the life care plan
Your treating doctors and a life care planner lay out the care you will need, year by year. An economist turns it into present-day dollars.
04
Show the life before and after
Your work, your family role, what you did on weekends. Coworkers, family and photos show a jury who you were before the injury.
05
Protect the recovery
We negotiate liens and, when it helps, set up a structured settlement or a special needs trust so the money lasts and benefits are not lost.
06
Prepare for trial
Most cases settle. A catastrophic case is prepared for trial from the start, because that is what moves an insurer to take the future seriously.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”Money and paperwork questions.
- How do we pay the bills while the case is open?
- Health insurance, PIP, short-term disability, Medicaid and doctors who agree to wait are the usual options. We help line them up so care continues.
- Will a settlement affect Medicaid or SSI?
- It can, if it is not set up correctly. A special needs trust can protect eligibility. We plan this before the settlement is signed, not after.
- Is a settlement taxed?
- Money for physical injuries is generally not federal income tax. Some parts, like interest or punitive damages, can be. Ask a tax preparer about your specific case.
- Do I need papers to make a claim?
- If someone else caused your injury, you can make a claim. Talk to us privately. What you tell us stays between you and the firm.
Dallas and Odessa
Serious injuries in Dallas and West Texas.
Many of our Dallas clients start at Parkland, the county's Level I trauma center, after crashes on I-35E, I-30 and I-20 or falls on construction sites. In the Permian Basin, oilfield and highway injuries often go first to Medical Center Hospital in Odessa or to Lubbock for the most serious cases. We meet families at our Oak Cliff and Odessa offices, by video, or wherever the injured person is recovering.
FAQ
Questions people ask.
What counts as a catastrophic injury?
There is no single legal definition. It usually means an injury that permanently changes your body or your ability to work: spinal cord injuries, paralysis, amputation, severe brain injury, major burns, or fractures that need several surgeries.
Do you handle herniated disc and back injuries?
Yes. Herniated discs and spine injuries from crashes and falls are common, and insurers often argue they were already there. We use imaging, your treating doctors and your history before the injury to show what changed.
How is future medical care calculated?
A life care planner works with your doctors to list the care you will likely need and what it costs. An economist then calculates the present value. Both may testify.
How long does a catastrophic injury case take?
Usually longer than a typical injury case, because it is wise to wait until doctors can say what your long-term condition will be. Many take a year or more, and cases that go to trial take longer. We give you a realistic timeline once we know the facts.
Is there a cap on damages in Texas?
Texas has no general cap on pain and suffering outside medical malpractice. Punitive damages are capped in most cases, and medical bills are limited to amounts actually paid or owed.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Brain injuries
- Burn injuries
- 18 wheeler and truck accidents
- Construction accidents
- Oilfield injuries
- Wrongful death
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.