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.
Traumatic brain injuries can occur in many different situations, but they almost always result from a sudden impact or force that causes the brain to move inside the skull. A Temple lawyer can investigate how an accident happened and determine whether another person’s negligence contributed to the TBI.
Motor vehicle collisions remain one of the leading causes of TBIs. Even when there is no direct blow to the head, the violent movement of the head and neck during a crash can cause the brain to strike the inside of the skull. Motorcycle accidents, commercial truck crashes, pedestrian accidents, and bicycle collisions can all result in moderate or severe brain injuries because of the tremendous forces involved.
Falls are another common source of traumatic brain injuries, particularly among older adults and workers in construction, industrial settings, and other environments where elevated surfaces are present. Slip and fall accidents, falling objects, workplace incidents, and unsafe property conditions can all lead to significant head trauma. The CDC also identifies assaults and sports-related impacts as other common causes of traumatic brain injuries.
No matter how the injury occurs, determining exactly what happened often requires a detailed investigation. Police reports, witness statements, photographs, surveillance footage, medical records, and expert analysis may all help establish how the accident occurred and whether another person or business should be held financially responsible.
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.
One of the most challenging aspects of a traumatic brain injury is that symptoms are not always immediately obvious. Some people recognize right away that something is wrong, while others continue their normal activities before realizing that the injury is more serious than they initially believed. According to the CDC, symptoms can appear immediately or develop over the hours and days following the injury.
Physical symptoms often include persistent headaches, dizziness, nausea, vomiting, blurred vision, balance problems, sensitivity to light or noise, unusual fatigue, and difficulty sleeping. Moderate or severe brain injuries may also involve seizures, repeated vomiting, loss of consciousness, or increasing confusion, all of which require immediate medical attention.
Traumatic brain injuries can also affect how a person thinks and communicates. Memory problems, difficulty concentrating, slowed thinking, confusion, impaired judgment, and trouble finding the right words may interfere with everyday responsibilities at home and at work. Some individuals experience noticeable emotional and behavioral changes, including anxiety, irritability, depression, mood swings, or personality changes that family members observe before the injured person recognizes them.
Because symptoms vary significantly from one person to another, it is important to seek a medical evaluation after any significant blow or jolt to the head, even if the injuries initially appear minor. Early diagnosis and treatment can improve recovery and create important medical documentation regarding the injury.
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.
Traumatic brain injury claims often involve complex medical evidence and significant future losses that are not immediately apparent after an accident. A Temple traumatic brain injury attorney in Temple can help develop a claim that reflects both the current effects of the injury and the long-term challenges an injured person may face.
Legal representation often begins with conducting an independent investigation into the accident. This may include reviewing accident reports, interviewing witnesses, preserving available evidence, consulting medical specialists, and working with experts who understand the lifelong effects traumatic brain injuries can have on cognitive functioning, employment, and daily living.
An attorney can also gather comprehensive medical documentation that explains the diagnosis, treatment recommendations, rehabilitation needs, and expected future care. Because many traumatic brain injuries require ongoing therapy, specialized treatment, or long-term assistance, understanding the full scope of future medical needs is an important part of evaluating damages.
Insurance companies may question the severity of a brain injury, particularly when symptoms are not outwardly visible. An attorney can present medical evidence, expert opinions, and other supporting documentation to demonstrate how the injury has affected the injured person’s life and ability to work. Throughout the legal process, legal counsel also handles communication with insurance companies, negotiates on the injured person’s behalf, and, when necessary, pursues compensation through litigation while allowing the injured person and their family to focus on recovery.
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.
