When the actions of others are responsible for your brain injury, knowing your next steps and available options can be difficult. It can be hard to identify the fault of others due to your proximity to the accident, which is why having representation is key. A Lakeway traumatic brain injury lawyer can serve as an advocate in finding those liable for your injury and holding them accountable to pay compensation that could forever help you and your family. Call one of our skilled catastrophic injury attorneys today to learn more.
Traumatic brain injuries (TBI) can arise in numerous situations where the head comes into contact with other objects. The pressure and force of this contact can cause brain bleeds, skull fractures, and other damage that affects the brain’s ability to function. The severity of a TBI can even lead to permanent damage, including paralysis, other disabilities, and death. The situations that can create the potential for a TBI include:
When these types of events involve the actions or negligence of other people and businesses, it is possible that they could be liable for the damages from a TBI. A Lakeway attorney seasoned in traumatic brain injury cases can help pursue such damages in court.
State law can hold others liable for a person’s brain injury or related death when the person’s conduct rises to the level of negligence or worse. This requires evidence that they owed the person who suffered the TBI a duty of care, and that duty was breached through some act, which resulted in the TBI. For example, a driver could be held liable for an injury from a car accident if they ran a red light or sped in an area with heavy pedestrian traffic.
In the context of premises liability for a TBI, a landowner could be at fault for not removing dangerous conditions from a property that caused the injury. This could be something as minor as failing to mop a wet floor after a heavy rainstorm or major like not properly blocking access to an area under construction. Even a failure to warn against dangerous conditions on someone’s property could create liability for a TBI.
When another person is liable for a TBI, they could have an obligation to provide compensation for the related damages. These compensable damages can include past and future medical bills, lost wages, missed future earnings, and the pain and suffering from other losses. A Lakeway traumatic brain injury attorney can help recover compensation for damages from a TBI through the filing of civil claims in court.
When seeking claims for compensation from an accident that caused a TBI, injured persons may face difficulty overcoming two major legal issues for these types of cases. The first is the state’s law on comparative fault under. This rule prohibits injured person from obtaining compensation from others when their proportionate responsibility is more than 50 percent. Examples of behaviors that can establish comparative fault might include disobeying traffic laws, ignoring posted warning signs, and otherwise failing to take precautions that could have avoided the cause of the incident that resulted in the TBI.
In addition to the comparative fault statute, another issue TBI claimants encounter is proving causation when there is a pre-existing condition or another vulnerability. In these cases, the defendant will likely make claims that the TBI was a pre-existing condition or only occurred because of a pre-existing condition. The burden can fall to the injured person to show that despite pre-existing conditions, the defendant’s action aggravated or worsened the TBI. A Lakeway attorney seasoned in traumatic brain injury cases can assist by identifying and arguing facts that mitigate the impact of these rules on a person’s right to compensation.
When you suffer from a TBI, you will want representation by your side when fighting your case. A Lakeway personal injury attorney can investigate the causes behind your TBI and determine the people who can be held liable for your damages. Along the way, you may have an opportunity to settle the case and receive payment from those at fault. We can provide help in these stages of the case by explaining available options and making recommendations that meet your goals and risk tolerance. Call today to schedule a consultation with one of our trusted attorneys.