One of the most traumatic and life-changing personal injuries an individual can sustain is a brain injury. A traumatic brain injury (TBI) not only causes physical pain but often emotional and financial hardship as well, placing stress on families and loved ones. When an accident resulting in a brain injury happens due to someone else’s negligence, an Austin brain injury attorney at the Texas Law Guns, Injury & Accident Lawyers can provide the strong, experienced representation you need to make it through this difficult time. Contact our Austin office today, by calling (512) 800-0000 or reach us online to set up your free consultation.
Although a lawyer cannot undo the harm you have suffered, they can obtain compensation from the at-fault party that will allow you to get the care and treatment you need for a serious brain injury, giving you and your family a sense of security as you move forward in life. Navigating the claims process and legal system, however, can be confusing and difficult to do while working on your recovery. An experienced Austin brain injury lawyer will explain your options, investigate the incident, and work to build a strong claim that fits your needs.
Traumatic brain injuries can happen to anyone. The CDC reports that people over 75 are most vulnerable to TBI due to their increased risk of falling and hitting their heads, but there are a number of accidents that can lead to brain injury, regardless of age. They include but are not limited to:
By no means is this a complete list. Our legal team at the Texas Law Guns, Injury & Accident Lawyers has the experience and resources to evaluate whether you have a claim for compensation and to pursue any claim to the fullest extent permitted by Texas law.
Over time, increased inflammation of the brain and decreased cell regeneration stemming from brain injuries can lead to progressive deterioration of the brain. Consequently, causing victims to suffer more stark long-term repercussions, such as neurological deficits and being more susceptible to post-traumatic dementia, Alzheimer’s, and Parkinson’s. Intervention during the chronic stages of a brain injury can assist in slowing deterioration. However, the Centers for Disease Control states that effects can include the permanency of many symptoms. For example, a victim’s new normal could include changes to:
Understanding the long-term effects of a brain injury is vital when pursuing a legal claim. The amount of damages obtained must fully compensate for every harm and loss suffered, both currently and in the future.
Our legal team will pursue every type of compensation that is available to you, including damages that cover:
The amount of compensation that your case is worth will depend on many different unique factors. Those often include the nature and extent of the brain injury, as well as available insurance coverage.
The time limit for most brain injury cases is two years – but it can be much shorter in certain circumstances, especially in claims where a public entity (for example, a city bus or defective sidewalk) appears to be at fault. This is why you should contact an Austin personal injury lawyer as soon as possible after your accident.
When a lawsuit is filed, however, there is no strict deadline for resolving the case. When someone has suffered a brain injury with long-term effects and needs to wait until their symptoms stabilize before determining how much their case is worth, this can be particularly important.
Texas’ modified comparative negligence standard allows you to sue for damages even if you are partially at fault. In the event that you are more than 50% responsible for an accident, however, you cannot seek damages. This is what’s commonly known as the ‘51% bar.’ While it isn’t as harsh as the pure contributory fault standard, which denies compensation to victims who are even 1% at fault for their accident, it can still leave you with less money than you need to cover your damages, which is why legal representation is important.
For example, if you were struck by a negligent motorist, their insurer may try to minimize any payout by claiming that you were partly responsible for the collision. If they succeed in ‘proving’ that your degree of fault is over 50%, they don’t have to pay you anything. At the Texas Law Guns, Injury & Accident Lawyers, a skilled Austin car accident attorney will be alert for this type of strategy and fight to prevent any insurer from assigning you with an inaccurate degree of blame.
If you or a loved one has sustained a brain injury, it is imperative that you contact an Austin personal injury attorney who has experience with these types of claims. Let us take some of the stress off your shoulders and fight for the compensation that you deserve. Call the Texas Law Guns, Injury & Accident Lawyers at (512) 800-0000 to arrange a free consultation, or send a request online for more information.
