Injuries to the brain are extremely common, despite the fact that it rests inside the bones of the skull. High impact forces are enough to break the skull. Lower impact forces cause the brain to move inside the skull, causing injury when the brain tissue bumps against the hard surface of the bones.
In the vast majority of TBI cases, the ability of the victims and their families to pay for all the needed care and rehabilitation depends on their recovery of damages from the person who is legally responsible for causing the injury. With that much riding on the claim for damages, it’s hard to overstate the importance of an experienced attorney who knows Texas personal injury law inside and out and understands all the future expenses and losses that a TBI victim may encounter. Call a Dallas brain injury lawyer today.
What Could I Be Compensated For? What Damages Are Available?
Although a personal injury lawsuit will not reverse the life-changing damages a traumatic brain injury inflicted on you or your loved one and your family, it can provide financial compensation to help you move forward with your life. Representation from a board-certified personal injury lawyer could lead to financial recovery for your past and future damages. These damages can include both out-of-pocket costs and intangible losses, such as pain and suffering.
- Lifelong medical expenses. The past and future health care costs associated with your TBI, including surgeries, treatments, therapies, medications, live-in care, rehabilitation, and disability accommodations.
- Lost wages. Past lost wages from missing work while you recover, as well as future lost capacity to earn if your TBI gave you or your loved one a permanent disability that interferes with the ability to work.
- Pain and suffering. The intangible damages associated with an injury as serious as a TBI, including emotional anguish, psychological distress, physical pain, discomfort, lost enjoyment of life and diminished quality of life.
- Property damage repairs. If you suffered your brain injury in an accident that also caused property damages, such as a car crash, you could request compensation to pay for property repairs or replacement.
- Punitive damages. If the defendant was grossly negligent, had a malicious intent to harm you or engaged in some type of fraud that led to your TBI, the courts may also grant you a punitive damage award to punish him or her.
The types of compensation you may receive depend on your unique losses, expenses, and the effects the TBI has had on your life. In most cases, serious brain injuries lead to greater financial recovery than minor TBIs. Work with our attorneys to find out what your specific case could be worth in the Dallas civil courts. We may be able to help you maximize your case outcome.
What Is the First Step to a Lawsuit?
If you believe you have the right to seek compensation for you or a family member’s traumatic brain injury, take the first step toward a lawsuit. Contact a Dallas brain injury attorney from the Law Offices of Aaron A. Herbert, P.C. for a free initial consultation in Dallas. Your first step should be to talk to a lawyer about the possibility of filing a claim. A lawyer can review how your TBI happened and who may be responsible. If the attorney thinks you have a case, he or she may offer to represent you during claim negotiations.
Starting with a conversation with an attorney can give you a solid foundation on which to base the rest of your efforts. You can receive an honest and accurate estimation of your damages, for example, rather than trusting the fairness of the first settlement an insurance company offers. A lawyer will have no reason to deceive you or undervalue your damages. Instead, a lawyer will want you to obtain maximum compensation. With the information a lawyer gives you, you can feel more confident during insurance claim negotiations, or you may decide you are better off letting a traumatic brain injury lawyer handle the rest of your case.
Why Do I Need an Attorney for a TBI Injury?
A brain injury is one of the most catastrophic things that can happen to an accident victim. It is extremely important to protect your rights during a TBI injury claim by hiring an attorney. An attorney will not allow a defendant or insurance company to take advantage of you during the claims process. Your lawyer can field unfair settlement offers and fight aggressively for better results on your behalf. A Dallas traumatic brain injury attorney from our law office can even take your TBI claim to court if that is what it takes for a fair verdict. A lawyer can take care of all the vital aspects of your claim while you focus on your future.
The Extent of the TBI Problem
According to the Texas Brain Injury Alliance, each year in the US:
- More than 50,000 people die from brain injuries
- 300,000 people suffer brain injuries that require hospitalization
- Of these, some 80,000 suffer cognitive or behavioral disabilities that last the rest of their lives
In Texas alone, the Alliance reports that:
- There are 144,000 traumatic brain injuries every year
- Over 380,000 people currently live with a TBI-related disability
- Each year, another 5,000-plus people are added to the ranks of those permanently disabled because of a TBI
Consequences of TBI
It’s impossible to list all the ways that TBI may affect the victim’s abilities and life. Injuries classified as mild often have long-lasting emotional and mental consequences, while moderate and severe injuries, which make up as much as 25 percent of all TBIs, invariably leave victims with some long term detrimental effects.
The physical effects vary based on the part of the brain that’s injured, and how severe the injury is. These effects often include:
- Loss of strength, balance and coordination
- Loss of speech, vision and/or hearing
Memory and the ability to think logically, coherently and with reasonable speed are also affected in many TBI cases. Obviously that is a serious obstacle to learning, employment, social interaction, and most other human activities. It also places tremendous burdens on those who care for the victim.
Many serious TBI victims experience a true personality change; caregivers and family report that the victims are simply not who they were before the accident. Significant changes in mood and emotional control are also fairly common.
Get Legal Help in Dallas, TX
Traumatic brain injury cases are complex and there is no way to overstate the importance of the outcome to the victims. There is no substitute for experience with the subtleties involved in identifying the extent of the injury and the resulting damages. It takes experience to anticipate the many ways that the defendants are likely to react to the claim.
Dallas personal injury attorney Aaron Herbert has 14 years of experience in this field, with 50 trial verdicts to his credit. Many more cases have been successfully settled before the time and expense of a trial. He is a Board Certified Personal Injury Trial Specialist, a member of the Million Dollar Advocates Forum.
If you need advice on a TBI case in the Dallas-Ft. Worth and surrounding areas, or anywhere in Texas, call the Law Offices of Aaron Herbert today.