Seeking a Swift Resolution for Your Traumatic Brain Injury Case

Accidents are an unfortunate part of life. Whether an accident is big or small, dealing with any bit of misfortune can be troublesome. The bigger an accident is, the more serious its consequences can be. Unfortunately, some accidents affect people’s lives in much more profound ways.

Although many individuals suffer physical injuries accidents that range from a muscle strain to broken bones and everything in between, one of the most impactful injuries a person can sustain is a traumatic brain injury. A traumatic brain injury (TBI) can be a devastating injury for most and quickly create a financial burden for their family members.

If you have been diagnosed with either mild TBI or severe TBI, your injury may be grounds for a lawsuit, depending on how the injury occurred. Consulting with a trusted traumatic brain injury attorney can give you an advantage in gaining financial compensation to pay any medical bills or loss of income that you have accrued due to your TBI. Contact Barry Deacon Law today to schedule a free, secure, in-depth evaluation to discuss your legal options.

What is a Traumatic Brain Injury?

While all injuries have the potential to be painful, traumatic brain injuries can have a significant lasting impact on your body and the way you live your life. A traumatic brain injury (TBI) is an injury that occurs to your brain that stems from a sudden blow, blunt force trauma to the head, or the penetration of your skull by an object, impacting brain function.

TBI victims may experience anywhere between mild and severe symptoms depending on the severity of the impact that occurred to the brain. While the symptoms for TBI may be mild initially, your condition can worsen over time, leading to potentially serious health issues and cognitive challenges.

Depending on the severity of your traumatic brain injury and your health and age, a TBI may cause you a lifetime of health issues that may affect the way you live your life daily. Even a mild TBI can cause significant health problems for you down the line. The best course of action is to seek professional health care following an accident that has affected your head and brain. area.

Seeking compensation from a negligent party that caused your TBI is within your legal rights. Consulting with a TBI attorney can be the key in the ignition that starts your road to recovery.

What Are the Common Causes of Traumatic Brain Injury?

While there are many ways to obtain a traumatic brain injury on your own, including simply slipping and falling, there are several common ways of getting a traumatic brain injury that may be the fault of another party.

Motor Vehicle Accidents

Automobile accidents can cause severe brain damage, depending on the collision’s severity. Typical scenarios include accident victims hitting their head on the steering wheel or dashboard, or due to a rollover collision. Motorcyclists, even those wearing a helmet, are more prone to suffering a traumatic brain injury as they lack the same protections as those in passenger vehicles. It may be possible to sue the other driver for damages if it is found that the driver was not driving responsibly.

Workplace Accidents

Unfortunately, workplace accidents occur regularly and are often attributed to other personnel or to the employer’s failure to follow safety guidelines. Commonly cited factors that contribute to traumatic brain injuries suffered while on the job include falls from heights, vehicle crashes, and falling objects. If you suffered blunt force trauma or a penetrating head injury while on the job, you may be entitled to compensation from your employer for your injuries.

Medical Malpractice

Medical malpractice is a common cause of traumatic brain injuries. Medical malpractice occurs when a doctor or other medical professional disregards standard safety measures and practices, resulting in harm to a patient. TBI can result from medical mistakes committed during a procedure or childbirth by a medical professional or institution. In TBI cases that stem from medical malpractice, consulting with a law firm experienced in dealing with traumatic brain injuries can give you the compensation you deserve to safeguard your financial security for the present and down the road.

Other common causes of traumatic brain injuries include sports injuries, assault, firearm-related injuries, and explosives. Regardless of how the accident occurred, anyone who has suffered a head injury must seek immediate medical attention to protect their well-being.

What are the Repercussions of a Traumatic Brain Injury?

Whether the effects are short-term or long-term, suffering a traumatic brain injury can result in symptoms lasting days to possibly years, or in some cases, for life. Symptoms of traumatic brain injuries can depend on how severe the injury is.

A mild TBI can cause headaches, nausea, confusion, memory loss, mood swings, and even loss of consciousness. The more severe the injury is, the more likely you are to develop health issues that affect your daily life. More severe TBI symptoms can include slurred speech, breathing problems, and, in some cases, paralysis. The pain and suffering caused by traumatic brain injuries cannot be understated. Aside from the health issues and medical expenses that arise from head injuries, the loss of certain liberties granted by a healthy brain can be burdensome.

Other Severe Implications

If your traumatic brain injury is severe enough, it may cause you to lose your job simply because you may be incapable of performing the duties you are assigned to do. If you do keep your job and return to work after your head injury, even mild TBI can impair your ability to do the simplest tasks on the job and may end up affecting your performance and ultimately costing you your job.

If you suffer from loss of consciousness, you may not be able to operate a motor vehicle safely. If you become paralyzed due to your traumatic brain injury, it is possible you won’t get much enjoyment out of many things in life anymore. The pain and suffering from TBI can weigh anybody down.

What Compensation is Available After a Traumatic Brain Injury?

If someone else’s negligence caused you to suffer a traumatic brain injury, you are most likely worried about the financial strain it will place on you and your loved ones. In Texas, accident victims have the right to pursue compensation for economic and non-economic damages. Depending on the facts of the case, a TBI accident victim may also be able to seek compensation from workers’ compensation if the incident occurred while on the job.

The amount of compensation that you are ultimately able to recover will depend on several factors, including the severity of the injury and the impact that it has had on your life.

Economic Damages

Economic damages are intended to compensate victims for the measurable expenses they have incurred or will incur as a result of their injuries. Some of the most commonly awarded economic damages granted to traumatic brain injury victims include:

• Past and future medical care expenses, including the costs of physical therapy, rehabilitation, medication, and medical equipment
• The costs to modify a home or vehicle to accommodate medical equipment
• Lost wages and benefits
• Loss of earning capacity if the TBI prevents you from performing the same type of work you did before being injured

Non-Economic Damages

Non-economic damages address the victim’s non-financial hardships and are determined by the specific facts of the case. Non-economic damages commonly recognized by the courts include:

• Pain and suffering for the physical and emotional pain resulting from the injury
• Emotional distress, which includes compensation for the mental and emotional tolls that the TBI has on you and your family members
• Loss of enjoyment of life: Compensation awarded if you are no longer able to enjoy the same activities that you participated in before being injured

Workers’ Compensation

Suppose you suffered a traumatic brain injury while on the job, you may be eligible to recover workers’ compensation benefits. If the injury qualifies, you may be able to receive lifetime income benefits. It is worth emphasizing that anyone who has been injured while performing their job duties must report their injury immediately and seek medical treatment to avoid being denied by the insurance company.

Punitive Damages

Although rare, a jury may award punitive damages if it is determined that the responsible party acted with malice, fraud, or gross negligence. Clear and convincing evidence must be presented that proves the defendant acted with conscious disregard for your safety. Unlike compensatory damages, meant to reimburse injury victims, punitive damages are granted to punish the wrongdoer and warn others not to repeat the same behavior.

Is There a Time Limit for Filing a Brain Injury Claim?

The Texas statute of limitations law allows TBI victims up to two years from the date of their injury to file a compensation claim. It is crucial to underscore that the two-year statute of limitations clock starts on the date of the accident, not when it was discovered.

Because traumatic brain injuries often do not immediately produce symptoms, you must be mindful of the deadlines imposed and the timeline you have to seek compensation. If you fail to take legal action before the applicable deadline, your case will most likely be dismissed, even if you have substantial evidence proving your claim. Once your case is thrown out, you will lose all legal recourse to try and recover compensation in the future.

If the TBI victim is a minor, the two-year clock may be paused ( “tolled”) for two years until the minor reaches the age of majority (18), but the claim must be filed by the time they turn 20.

Wrongful Death Claims

Sadly, some TBI victims die from their injuries. Suppose a victim suffered and died from a traumatic brain injury caused by another’s negligence. In that case, the victim’s family could file a wrongful death claim to try to recover compensation for their financial and emotional losses.

Under Texas law, families have two years from the date of the victim’s death to file a claim. The clock begins on the date the victim died and not when they suffered their fatal injuries.

The rules surrounding the state’s statute of limitations can be confusing and require the help of a skilled Texas brain injury lawyer who will professionally assess the case. Barry Dean Law is committed to helping traumatic brain injury victims and their families receive the fair compensation they deserve. Contact us today to learn more about how we can assist you when you need it most.

Why Should I Consult with a Traumatic Brain Injury Lawyer?

Soliciting legal advice from an experienced personal injury lawyer can help you or someone you love overcome the adversity that comes from the complications of traumatic brain injuries. Due to the legal complexities involved in pursuing compensation for TBIs, you need to reach out to a reliable traumatic brain injury attorney as soon as you can if you or a loved one has suffered injuries.

Suppose it is found that your TBI is a result of another party’s lack of responsibility. In that case, you may be able to receive enough compensation to take care of your medical bills, cover any rising debts, and pay for your living expenses.

Some of the most significant legal services that traumatic brain injury lawyers provide to clients include:

• Assistance with navigating complex injury law: When you consult a brain injury lawyer, they will explain the legal intricacies involved with filing a TBI claim and what to expect as the case progresses through the claims process.
• Comprehensive case analysis: Your lawyer will evaluate your case to determine appropriate damages.
• Detailed accident investigation and evidence preservation: An experienced brain injury attorney will have the legal resources to conduct a thorough investigation to identify all responsible parties and determine fault. They will also collect medical records, witness statements, and accident reports to build a solid case on your behalf.
• Negotiating with the insurance company: Your legal representative will handle settlement negotiations with the insurer on your behalf, ensuring you can focus on healing and your recovery.
• Pursue litigation: If the insurance provider is unwilling to offer fair compensation for your injuries, the next step will be to take the case to trial. Your lawyer will develop a convincing legal argument that will stand up to the insurance company’s counterarguments.

Why Should I Allow My Lawyer to Deal With the Insurance Company?

Although insurance companies use advertising to make the claims process look easy, in many cases, it requires the help of a skilled lawyer. Contrary to what they portray, insurance providers are dedicated to protecting their profitability and making their stockholders happy.

Modified Comparative Fault Laws

Often, in cases involving traumatic brain injury claims, insurers will look for a way to blame the victim so they can diminish or deny compensation. Insurers often try to use Texas’s modified comparative negligence law to their advantage by claiming that the victim shares some liability, thereby reducing the amount they receive in a settlement.

Be Aware of Fast Settlement Offers

Because traumatic brain injury claims often lead to large payouts, the insurance company’s legal team will work to find loopholes to avoid paying maximum compensation. One of the most common tactics insurance providers often use is offering victims quick settlements. Although a quick settlement may seem tempting, it will likely not provide for future medical care or expenses, or for pain and suffering damages.

Avoid Recorded Statements

In other instances, an insurance adjuster may ask you to give a recorded statement providing details of how the accident occurred. Although the adjuster may seem sympathetic to your case, they are trained to save their company money. Insurers also have the legal right to use your statement against you to try to dispute or reduce your compensation.

Having a lawyer handle all of the negotiations with the insurance company is the most effective way to safeguard your rights and ensure you are treated fairly.

Reach Out to Barry Deacon Law to Discuss Your Case and Determine Your Legal Options

If you or your loved one has suffered a traumatic brain injury, you may be fearful about what the future holds. You owe it to yourself, especially if you have lost income and peace of mind due to your TBI, to seek legal counsel from an experienced traumatic brain injury law firm so you can have some normalcy restored to your life.

The success of traumatic brain injury cases can often depend on the evidence of liability on behalf of the other party and the experience of a San Antonio personal injury lawyer representing the case. Barry Deacon Law has years of experience in handling personal injury and TBI cases and achieving favorable client outcomes. With the help of Barry Deacon Law, you can regain some peace of mind knowing that you and your loved ones can get the compensation you deserve.

Give Barry Deacon Law a call at (210) 985-8398 for English-speaking clients and (210) 796-4933 for Spanish-speaking clients. We will gladly schedule a free, secure, in-depth case evaluation to determine your legal options.