A traumatic brain injury (TBI) can change your life in an instant. In the aftermath, you might be facing mounting medical bills, an uncertain future, and complicated legal issues. That’s why reaching out to an experienced brain injury lawyer is vital. An attorney can support you during this difficult time and fight for the compensation you deserve.
If you’ve suffered a TBI, you may have many questions. Here are answers to common questions clients have about TBIs from seasoned brain injury lawyers.
What Is a TBI, and How Is It Diagnosed?
Brain injuries happen when some sort of external force, like a jolt or blow to the head, disrupts the brain’s normal function. These injuries can range from mild to severe, and the symptoms vary just as widely, depending on the severity.
Diagnosing a TBI typically involves a combination of medical exams, imaging tests like CT scans and MRIs, and an assessment of the person’s cognitive function. Even a mild TBI can lead to long-lasting symptoms, so it’s important to see a medical professional if you’ve hit your head, despite whether you feel fine or not.
What Are the Most Common Causes of TBIs in Texas?
Virtually any type of accident can give a person a brain injury, but some are more likely culprits than others. Common causes of TBIs include:
- Falls
- Construction accidents
- Sports injuries
- Workplace accidents
- Acts of violence
In any kind of situation where there’s a chance a person could have hit their head, there’s a chance of them sustaining a TBI. Brain injuries can be subtle, and the signs might not show up right away. If symptoms are not immediately apparent, they usually show up in a few weeks. However, in some cases, it could take years.
What Kinds of Compensation Can I Pursue?
If you’ve suffered a brain injury because of someone else's careless behavior, you could be eligible to file a lawsuit to be compensated for the costs involved with the aftermath. A brain injury attorney can help you figure out what you can pursue.
Types of compensation for these types of cases usually include:
- Past, current, and future medical expenses
- Lost wages
- Lost earning capacity, if you can’t go back to work
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life
It’s essential to have a brain injury lawyer go over the details of your case to make sure you’re not leaving any potential compensation on the table.
How Do I Prove Liability?
Proving liability in any type of personal injury case can get complicated, but it can be especially so for those that involve brain injuries. Generally, you and your attorney will need to show:
- Duty of Care: The party responsible had an obligation to act in a way that ensured the safety of others
- Breach of Duty: The party failed to meet that obligation
- Causation: The breach of duty caused your injury
- Losses: You suffered compensable losses as a direct result of the injury
Your attorney might work with doctors, specialists, financial analysts, accident reconstruction specialists, and other professionals to gather the evidence together that you’ll need to prove these points.
How Do the Long-Term Effects of a TBI Impact My Case?
Traumatic brain injuries can leave long-lasting and even permanent impacts on your life. A TBI could influence everything from your ability to do your job to your personal relationships. Those long-term effects can play a major role in determining the overall value of your case.
If your TBI results in the need for ongoing medical care, therapy, or rehabilitation, or if it has negatively impacted your quality of life, these effects will all be factored into the amount of compensation you apply for.
Brain injuries can evolve over time, so it’s important to take long-term implications into consideration when you’re negotiating for a settlement. A brain injury lawyer can help make sure your case accounts for the full scope of your injury, both now and in the future.
FAQ
What Are Some Other Symptoms of a TBI?
The brain is highly complex, so everyone will experience a brain injury differently. Less severe blows can cause symptoms like:
- Dizziness
- Headaches
- Nausea
- Vomiting
- Irritability
- Vertigo
More serious symptoms might include seizures, loss of consciousness, and various neurological problems.
How Long Does It Take to Recover From a TBI?
Recovery depends on how severe your injury is. Mild TBIs can heal in just a few weeks, while severe cases might cause permanent impairments that need long-term care.
Can I Still File a Claim if the Injury Happened a While Ago?
In Texas, there’s generally a two-year statute of limitations for personal injury claims. However, there are some exceptions. It’s best to talk to a lawyer as soon as you can to make sure your case is filed on time.
What Evidence Will Support My Case?
Hospital records, eyewitness accounts, expert testimony, and proof of lost wages can all serve as key pieces of evidence in a brain injury case. Your attorney can help you collect and organize evidence so that it can be presented effectively during negotiations.
Do I Really Need an Attorney to Handle My Case?
It’s generally not recommended to try to handle a personal injury case by yourself, especially when traumatic brain injuries are involved. Besides being legally complicated, medical terminology and reports can quickly get confusing. A lawyer will know how to handle both aspects equally well.
Get Legal Help From a Skilled Houston Brain Injury Lawyer
If you or a loved one has suffered a TBI after an accident in Texas, don’t delay in getting the legal help you need. At Ramsey Law Group, we have a reputation for aggressively pursuing the compensation our clients need to move forward with their lives. Contact us today to schedule a free consultation with our dedicated team.