Trauma to the skull can lead to actual physical damages to the brain, called traumatic brain injuries. This kind of injury can lead to death or to lifelong disabilities or impairments. With the exception of accidents at home and other unique circumstances, many traumatic brain injuries are the result of someone else's negligence or acts of violence on the road, at the workplace or on their own property. According to Texas law, if you suffered this type of injury due to someone else's fault, you have the right to file a personal injury claim and receive financial compensation for your economic damages and non-economic damages. Your best recourse is to hire an experienced brain injury attorney at Dunn Sheehan LLP to evaluate your case.
Our team of personal injury attorneys has extensive experience in helping brain injury victims get the fair compensation they deserve for their injuries. We will analyze the circumstances and the responsible parties carefully and pursue all the liable parties to pay your claim for damages. If we cannot reach a satisfactory result through out of court negotiation, we will represent you in a brain injury lawsuit and seek the maximum compensation you are entitled to receive.
Traumatic Brain Injury Statistics You Need to Know
The Center for Disease Control and Prevention (CDC) has collected grim statistics concerning this type of injury and TBI-related disabilities. In 2018, 223,050 Americans were hospitalized with severe brain injury. In 2019, 60,611 people died as a result of traumatic brain injuries.
The average numbers indicate that every day over 600 people are taken to hospital as a result of a closed head injury and 166 of them lose their lives. Many of the survivors are left with a form of permanent disability and may require lifelong care.
For this reason, brain injury survivors should seek legal services from an experienced personal injury law firm in order to make sure that the party responsible for their physical trauma and permanent damage to their health pays the appropriate financial compensation.
Get in TouchThe Most Frequent Traumatic Brain Injury Causes
Motor Vehicle Accidents
Car accidents, truck accidents, motorcycle accidents, pedestrian accidents and bicycle accidents can cause severe trauma to the head. The impact with the vehicle or with the road at high speed can leave a person with brain damage, requiring immediate medical attention and long term hospitalization.
In specific circumstances (truck accidents) traumatic brain injury attorneys will also pursue the trucking company in a personal injury claim or lawsuit for the careless behavior of their employee.
Premise Liability
The most frequent type of accident that causes head trauma at someone else's property is a slip and fall accident. Wet floors, icy driveways or other slippery surfaces can lead to a severe accident, especially in the case of older, frail people. A brain injury victim can be left with permanent impairment even as a result of an apparently simple fall.
When the accident happens on someone else's property, where the accident victim was an invitee or an agent, the property owner or manager had a duty of care towards the victim. Failing to make the property safe for everyone who has a legitimate interest to be there represents a legitimate cause for filing a personal injury claim.
Medical Malpractice
Medical professionals sometimes make mistakes, resulting in a patient's injury or wrongful death. Brain injury malpractice cases may involve:
- surgical errors
- birth injury
- slip and fall accidents in hospitals or nursing homes
A brain injury attorney team will identify and pursue all responsible parties, from individual medical professionals to healthcare institutions and clinics. We believe that all brain injury patients deserve justice and a fair compensation for their pain, suffering and permanent loss of enjoyment of life.
Workplace Accidents
A lot of people suffer accidental injuries on the job. Although employers should make sure that the workplaces are safe, accidents happen almost on a daily basis and some victims receive a brain injury diagnosis.
Fighting your employer for brain injury claims can be extremely difficult on your own, especially if you work for a large company. They work with big insurance companies, whose adjusters will do everything they can to minimize your compensation or even dismiss your claim.
Acts of Violence
Brain injuries result not only due to someone's negligent behavior, but also due to their malicious intent. Assault and battery with a blunt object can cause devastating injuries to the head and brain. In this instance, a brain injury attorney will also seek punitive damages on behalf of the victim.
Get in TouchSymptoms and Long Term Consequences of Traumatic Brain Injuries
A head-on collision or a fall may result in a closed-head injury which does not appear to be serious initially. However, you should always seek emergency care and let medical experts determine whether your injury is serious or not.
In reality, all types of brain trauma disrupt the normal brain functions, leading to symptoms such as:
- headaches
- blurred vision
- nausea
- light sensitivity
- loss of coordination
- loss of balance
- seizures
- memory loss
Some injury victims suffer a negative impact on the normal function of the brain for their entire lives. They have reduced cognitive and motor function or may require long-term care. They are left unable to perform many everyday activities and to enjoy their life. Their families are burdened with huge future expenses for their loved one's rehabilitation and care.
Get in TouchHow Does Contributory Fault Impact Your Brain Injury Claim?
Let's focus on an important legal aspect: contributory fault. It is important to know your rights, because on many occasions, accident victims are persuaded by an insurance adjuster that they do not have a case because they were partly at fault for their accident.
What exactly does it mean? Here is a simple example: a motorcyclist who was not wearing a helmet is hit by a distracted driver. In this case, the motorcyclist was partly responsible for their traumatic brain injuries. However, Texas personal injury law does not bar an accident victim from seeking financial compensation for this reason.
In fact, the proportionate responsibility principle used in our state stipulates that if you are less than 50% at fault for the accident, you have the right to seek monetary damages. However, your actual financial compensation will be reduced by the percentage representing your degree of fault for the accident. Thus, if you are 20% at fault and you seek $100,000 in compensation, your maximum compensation would be $80,000.
Get in TouchReasons to Hire a Brain Injury Law Firm to Help You Receive Fair Compensation
After severe trauma, you may have to spend a lot of time in hospital, undergoing surgery or specialized treatments. By the time you are capable of analyzing your situation and deciding on your legal options, it may be too late. The statute of limitations for personal injury actions in civil courts in Texas is 2 years after the date of the accident.
When you hire a brain injury attorney, they become your legal representative, who can initiate legal proceedings and pursue your case successfully. In order to do so, the attorney will:
Investigate Your Case
Personal injury lawyers know where to look for useful evidence to build your case. They include:
- the police report prepared at the accident scene
- photos and videos taken by you or by eyewitnesses
- witness testimony
- your medical record
- accident reconstruction experts
- other expert witnesses (including medical experts)
Calculate Your Total Damages
Personal injury law allows you to request three types of damages:
- economic damages
- non-economic damages
- punitive damages (or exemplary damages)
Economic damages represent actual financial losses you incurred as a result of medical expenses, loss of wages, out-of-pocket expenses, recovery and rehabilitation expenses. They also include future expenses, such as for life care and assistive devices (wheelchairs, walkers) and modifications to your home.
Non-economic damages represent a financial compensation for your physical pain, emotional trauma, loss of enjoyment of life and mental anguish.
Finally, punitive damages can be requested if your traumatic injuries were caused by the other party's acts of violence or reckless behavior.
Negotiate with the Insurance Company
A brain injury attorney knows what to discuss with insurance adjusters and justify the amount you request in compensation for your injuries and property damage. The attorney will use both the in-depth knowledge of law and prior experience in similar cases to obtain the maximum compensation you deserve.
Get in TouchDunn Sheehan Can Represent You in a Brain Injury Lawsuit
If out of court negotiations do not yield a satisfactory result, the traumatic brain injury lawyer will instruct you to file a personal injury lawsuit and represent you in court. Dunn Sheehan has a proven track record both in and out of court and will ensure that you receive fair compensation.
At Dunn Sheehan you will work with experienced personal injury lawyers. We do not relegate any case, no matter how simple it may appear, to a paralegal or an assistant. You will benefit from top-notch legal advice and you can rely on our lawyers' experience after we accept your case.
We work on a contingency fee basis (no upfront fees) so call us now: 214-855-0077.
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