Brain injuries are more commonplace than most people think. So much so, that some medical professionals have deemed them to be a silent epidemic. If you or a loved one sustained a traumatic brain injury (TBI) in an accident, you may be entitled to compensation for all of your damages. It is best to discuss your case with a knowledgeable catastrophic injury attorney in your community. Let a Temple traumatic brain injury lawyer fight on your behalf and help you seek justice for your injuries.
According to the Texas Brain Injury Alliance, the following unfortunate truths persist in the state and nationally:
These are sobering numbers, but TBI victims and their families do not need to confront this journey alone. Medical professionals, therapists, and trained legal counsel can support these families through each stage of the victim’s recovery.
Representation by seasoned litigators is a critical component in this process. Through their relentless advocacy, they may help those suffering from traumatic brain injuries to secure the funds necessary for a lifetime of living with TBI.
Brain injuries occur when the head sustains a blow or hits against another object. Depending on the pressure applied to the head during these events, injuries can range from minor to severe. A slight brain injury might cause a headache, which requires nothing more than some over the counter medication.
Some common symptoms and complications associated with TBI include:
Many of these conditions may be temporary, but others can continue for the remainder of a victim’s life. Initially, some may not realize the extent of their injuries; symptoms can develop or worsen over time, leading to long-term disabilities, death, or suicide.
Whether the ailments last a lifetime or not, the economic impact of TBI can be significant. The financial strain exacted is particularly destructive when the impairments are permanent.
Traumatic brain injury (TBI) personal injury cases typically have an expiration date for filing under the statute of limitations, and the time begins running on the accident caused by someone else’s negligence. Under Texas Civil Practice and Remedies Code § 16.003, victims have two years from the date of the incident leading to the disabilities. However, under the discovery rule, if the injuries are not immediately known, the time begins running on the date of discovery, if the civil court grants the extension.
Further, if the injured person is a minor, the court may pause the clock until the day they turn 18. If the party liable for the damages is a government entity, meaning the accident involves a city, state, or federal government agency, the statutes require additional steps, including a notice within a limited period. A Temple traumatic brain injury attorney can give more specific guidance after reviewing the case details.
Many cases involve shared fault, or proportionate responsibility. Under Texas Civil Practice and Remedies Code § 33.001, the state follows a modified comparative fault rule, allowing the injured person to recover damages only if they are less than 50% at fault for the cause of the accident. The statute allows the victim to obtain a settlement for the defendant’s share of fault.
For example, if the civil court jury finds that the plaintiff is 10 percent at fault, and the total damages are $120,000, the statute entitles them to obtain a settlement of $108,000. However, if the court finds the injured person is more responsible for the accident and damages, 51 percent or more responsible for the causes of action, they cannot recover anything from the other party.
Insurance companies often use various tactics to undervalue or deny TBI claims altogether because of the high costs associated with the injuries. Examples include offering quick, lowball settlements, questioning the severity of the brain damage, blaming pre-existing conditions, and delaying payouts, which can lead to significant financial distress.
Many insurers also hire defense attorneys and experts, such as doctors, to dispute the medical necessity of certain treatments and medical services. A skilled traumatic brain injury lawyer in Temple can handle all communication with insurers to protect victims’ interests and negotiate the maximum possible settlement.
The legal process to recover a settlement after sustaining severe injuries, such as a TBI, \caused by someone else’s negligence, is complex, requiring the individual to overcome many hurdles. The injured person, along with a skilled lawyer, must conduct an in-depth investigation and gather the vital evidence to build a powerful case. That often includes gathering comprehensive medical and psychological evidence to establish the full extent of damages.
It also requires extensive, ongoing negotiations with insurance companies and, if necessary, filing a claim in civil court to litigate and obtain a fair settlement. A fair amount of compensation covers the monetary loss, including the current and future costs of medical care and ongoing treatment and services, medication, medical devices, renovations, if necessary, for the disability, and lost pay and earning potential.
The court also rewards for the non-monetary and subjective injuries that are more challenging to calculate, such as permanent disabilities, emotional, mental, and psychological distress, and pain and suffering. Due to the invisible and complex nature of severe brain injuries, specialized and seasoned legal representation is crucial for reaching the best potential outcome.
The injured may recover compensation for their economic and non-economic damages, as well as punitive damages for, particularly egregious conduct. This can include damages such as:
An experienced TBI attorney in the area can calculate all of the injured party’s damages and help them seek compensation from the responsible party.
Suffering a traumatic brain injury can transform your life, but working with an experienced attorney may minimize the adverse effects. Our team will vigorously represent you to secure a settlement or jury award that fully accounts for your physical, emotional, and economic suffering.
Legal representation can help the injured party, and their families focus on healing, leaving the business-end of recovering to a skilled professional. Well-trained attorneys can negotiate with insurance companies, investigate the causes of the accident, identify those liable for the harm, and negotiate on your behalf. Call a Temple traumatic brain injury lawyer today to learn more about how we can help.
