Longview Texas Catastrophic Injury Lawyer

Morris & Dewett has handled catastrophic injury cases for 25 years.

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.

TBI

Traumatic Brain Injury. Damage to the brain from an external force, ranging from mild concussion to severe permanent cognitive impairment. Symptoms can be delayed and may not appear until hours or days after the injury.

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.

Contingency Fee

A fee arrangement where the attorney is paid a percentage of the recovery and only if there is a recovery. The client pays nothing upfront and owes no attorney fees if the case is unsuccessful.

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. Board certification in personal injury trial law by the Texas Board of Legal Specialization 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

Mild TBI (concussion): temporary dysfunction, usually resolves. Moderate TBI: structural damage, weeks to months of impairment. Severe TBI: permanent deficits requiring long-term or lifetime support.

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.

Spinal Cord Injuries and Paralysis

complete SCI

Complete Spinal Cord Injury. Total loss of motor and sensory function below the level of injury. No voluntary movement or sensation below the injury site.

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.

Autonomic dysreflexia

A potentially life-threatening overreaction of the autonomic nervous system in people with spinal cord injuries at T6 or above, triggered by stimuli below the level of injury. Symptoms include sudden hypertension, headache, and sweating.

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, and once it is overwritten it cannot be recovered.

Severe Burns and Skin Injuries

debridement

The surgical removal of dead, damaged, or infected tissue to promote healing. In severe burn cases, multiple debridement procedures are typically required before skin grafting can begin.

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.

TBSA

Total Body Surface Area. The percentage of the body’s skin surface affected by a burn. Used clinically to calculate fluid replacement needs and statistically to predict outcomes. Burns exceeding 20% TBSA in adults are considered major burns requiring specialized care.

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

Persistent pain sensations perceived as coming from a limb that has been amputated. Affects 60-80% of amputees and can be chronic and disabling. It is a recognized neurological condition, not a psychological one.

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.

Representative Results

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$409 Million Wrongful Death

A tragic case where an impaired driver of a commercial vehicle ran a red light, then collided with our client, causing serious bodily injury to the mother and the loss of life of her daughter.

$49 Million Motor Vehicle Accident

An impaired driver of a stolen vehicle driving the wrong way collided with our client head-on, resulting in brain injury and multiple broken bones.

$32.2 Million Industrial / Workplace

Failure to maintain proper safety protocols led to an explosion at an industrial plant causing a series of catastrophic injuries from broken bones, burns, spinal injury, and mental anguish.

$31.5 Million Industrial / Workplace

Brain and spinal injuries followed an oil-field company failing to maintain equipment and provide a safe work site.

$17.2 Million Commercial Vehicle Accident

Client was struck head-on by a disconnected load of an 18-wheeler that crossed the median causing broken bones and amputation.

$13 Million Commercial Vehicle Accident

On the interstate, an 18-wheeler failed to yield right of way then made an unsafe lane change causing the accident which resulted in major bone breaks, damaged organs, and ultimately a leg amputation.

$12.1 Million Motor Vehicle Accident

A commercial vehicle failed to stop at a red light subsequently crashing into our client causing serious brain injury and permanent loss of function.

$7 Million Motor Vehicle Accident

When the other vehicle struck our client, the result was a major hemorrhage and a stroke.

$7 Million Commercial Vehicle Accident

An 18-wheeler cut across traffic on an illegal left turn and hit our client, who suffered neck and back injuries.

$6.2 Million Motor Vehicle Accident

A fatigued commercial-vehicle driver fell asleep at the wheel and rear-ended our client, leaving our client with severe neck and back injuries.

$5 Million Wrongful Death

A hydraulic line exploded at a job site, taking the life of our client's loved one.

$4 Million Commercial Vehicle Accident

Our client's vehicle was struck by the at-fault vehicle, resulting in neck and back injuries.

$3.2 Million Commercial Vehicle Accident

While our client was stopped, the at-fault driver rear-ended our client's vehicle and set it on fire, leaving our client seriously hurt.

$3.1 Million Wrongful Death

An 18-wheeler caused a fatal collision that took the life of our client's loved one.

$3 Million Commercial Vehicle Accident

A commercial vehicle struck and killed our client's loved one, who was on foot.

$3 Million Motor Vehicle Accident

Out on the highway, the at-fault driver hit our client.

$2.9 Million Motor Vehicle Accident

Our client was rear-ended by the other driver and seriously injured.

$2.8 Million Commercial Vehicle Accident

On the highway, an unsecured load came off an 18-wheeler and struck our client's vehicle, causing orthopedic injuries.

Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

Economic Damages in Texas Catastrophic Cases

Haygood rule

From Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012). Limits recovery of medical expenses to amounts actually paid or incurred by the claimant, not the full billed amount. Applies when insurance negotiated a lower rate.

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

The difference between what you could have earned over your working lifetime and what you can earn now after the injury. Calculated by a vocational expert and converted to present value by an economist.

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.

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

Texas term for punitive damages. Available under CPRC Section 41.008 when the defendant’s conduct involved fraud, malice, or gross negligence. Requires clear and convincing evidence, a higher burden than preponderance.

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.

respondeat superior

Latin for “let the master answer.” A legal doctrine holding employers liable for negligent acts committed by employees within the scope of their employment.

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.

Assessing whether a case has exemplary damage potential requires reviewing all pre-incident evidence, including compliance records, prior incidents, and internal communications.

Your Longview Injury Attorneys

Founding partners Trey Morris and Justin Dewett lead every Longview injury case Morris & Dewett takes.

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  Trey Morris

  Founding Partner

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  Justin Dewett

  Founding Partner

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

MMI

Maximum Medical Improvement. The point at which a treating physician determines that a condition has stabilized and further treatment will not significantly change the outcome. The deadline to file does not wait for MMI.

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.

Protecting against fault percentage inflation turns on expert witnesses, investigation protocols, and evidence preservation rather than general litigation experience.

What clients say

• ★★★★★

  I hired Morris and Dewett back in November of 2025.

  They helped me get through my hard times of being off work, stress, and worry. Anytime I had a question I could call and they always had an answer. Very nice and professtional people. Thank you Morris and Dewett for making this an easy process for me and my family.

  Jjonathan ChandlerShreveport Office · Jun. 27, 2026
• ★★★★★

  Morris and Dewett and their team of attorneys and staff go above and beyond.

  They always were there to support me and answer all my questions after a shoulder injury that included multiple surgeries. They are caring and compassionate and that goes a long way! Highly recommended!

  CCarolyn LawsonMinden Office · Jun. 26, 2026
• ★★★★★

  Thanks Morris and Dewett for the excellent work you have done on my behalf.

  I want to personally thank Sarah for her kindness.

  LLydell ScottCovington Office · Jun. 18, 2026
• ★★★★★

  Morris & Dewett does things the right way!

  They put their clients first in measurable and impactful ways.

  BBrooke BirkeyRuston Office · Jun. 11, 2026
• ★★★★★

  First time being injured and needing a lawyer they where very helpful.

  They answered my questions Id have very well. Highly recommend them.

  SSarah StarlingLake Charles Office · Jun. 5, 2026
• ★★★★★

  Wonderful experience with Morris and DeWitt, everyone was articulate and punctual, and open to all my questions about the process.

  My case couldn't have been handled by a better team! Caity Nerren, Jessica Christian, and Meghan Nolen were all fantastic and helped every step of the way. Thanks again for all of your hard work.

  TTaylor ThorneShreveport Office · Jun. 20, 2026

Reviews reflect individual client experiences. Past results do not guarantee future outcomes.

The Investigation Process After Catastrophic Injury

ECM

Engine Control Module. The vehicle’s onboard computer that records pre-impact speed, braking, throttle position, and other data in the seconds before a crash. Sometimes called the “black box.” Data can be overwritten within days without a formal preservation demand.

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.

Catastrophic injury cases depend on an established network of life care planners, vocational experts, and accident reconstructionists. Case volume alone is not a meaningful indicator. The expert network is what converts a severe injury into a fully documented damages model.