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Traumatic brain injuries can be devastating to a victim’s personal and professional life. Brain injuries can result in a lifetime of physical, emotional, and financial difficulties for victims and their loved ones. Our team knows how difficult a traumatic brain injury can be and have helped many people just like you get the compensation they deserve.
Who is liable for my brain injury?
Traumatic brain injuries (TBIs) typically occur as a result of an external force to the head. This can happen in various types of accidents including:
Motor vehicle crashes: The force from a car accident can cause a driver or passenger’s head to strike a steering wheel, dashboard, or other object. The mere jolt from the crash can also cause the brain to collide with the skull causing injury.
In this case, the liable party is whoever caused the crash. This could be another driver, a pedestrian, a cyclist, or even the entity in charge of road maintenance.
Pedestrian accidents: Pedestrians are not typically wearing protective gear to protect them from head injuries. Therefore, if they get hit by a car, they may suffer a severe head injury when their head hits the pavement.
In a pedestrian accident, the liable party is likely the driver.
Slips and falls: When a person slips on a slippery floor or trips over some uneven flooring at a grocery store or other business, he may fall and hit his head on a hard surface and suffer a brain injury.
Liability for a slip and fall can be complicated; however, in most cases, it will rest on the property owner or manager.
Workplace accidents: Workers may suffer head injuries while on the job. Falling objects, slip and falls, and malfunctioning machinery may all result in brain injuries.
Liable parties might include your employer, a coworker, a manufacturer, or another third party.
What are the long-term effects of a TBI?
Unlike some other accident-related injuries, the consequences of TBIs can be severe and long-lasting. These consequences may affect a person’s ability to engage in everyday activities. Long-term effects may include:
- Cognitive difficulties (e.g., loss of memory, inability to pay attention, difficulty with problem solving, confusion)
- Difficulty communicating
- Mood swings, irritability, and other emotional and behavioral changes
- Loss of vision and reduced depth perception
- Physical paralysis
- Chronic pain
The symptoms and long-term effects a patient experiences will depend on the severity of the initial injury, how quickly doctors diagnose and treat the patient, the quality and frequency of treatment received, and the type of functions impacted. It will be important for us, as your lawyers, to establish these effects as we work towards a fair settlement that covers all of your damages.
For patients with more serious TBIs, the recovery process will involve learning to deal with their long-term functional disabilities. Some of these effects may be permanent and will require patients to adapt to these new limitations by engaging in therapy, rehabilitation programs, surgeries, and other treatments. Some patients may also require at-home care or living assistance for the rest of their lives. These damages are also recoverable.
What should I expect from the TBI claims process?
If you or someone you love suffered a brain injury in an accident, you will need to file a lawsuit against all negligent parties to recover damages. In Texas, victims must file a personal injury lawsuit within two years of the date of injury.
To establish liability, we will have to show that the defendants were negligent and that their negligence caused your injuries. Our attorneys will investigate your claim, collect evidence, and gather witnesses to support your case.
You must prove negligence to recover compensation.
To prove negligence, your attorney will need to show that:
- The defendant owed you a duty of care. For example, store owners have a duty to keep customers safe from hidden dangerous property conditions.
- The defendant breached that duty by behaving negligently. For example, drivers can be negligent by disobeying traffic laws.
- The defendant’s negligence directly caused your injuries. We can prove causation by establishing that your injuries would not have occurred but for the defendant’s negligence. The more severe the accident, the easier it is to prove it casued your TBI.
- You suffered damages in the accident. We can establish these damages with medical bills, wage records, and expert testimony showing your need for future care due to your brain inujury.
You can recover several types of compensation.
Brain injury victims often need long-term medical care and rehabilitation. Many of these accident victims are unable to work during the recovery and are therefore unable to pay for this care. As the medical bills accumulate, victims and their families may become overwhelmed.
Fortunately, you can recover damages for all accident-related expenses. This can include:
- Medical bills (e.g., surgical costs, hospital costs, ambulance costs, medications, etc.)
- In-home care
- Modifications to your home or vehicle
- Cognitive rehabilitation and training
- Lost wages
- Lost earning capacity (if the injury keeps you or your loved one from returning to work)
- Miscellaneous expenses, such as parking fees or the cost of transportation to doctor’s appointments
- Pain and suffering
Our team will gather your medical records, bills, W-2s, pay stubs, and any other evidence that can prove your losses. We can work with financial, vocational, neurological, and psychological experts to determine exactly how your injuries will continue to affect you. This will help us prove your entitlement to both economic and noneconomic damages.
Call a Dallas Brain Injury Lawyer for Help Today
A TBI is something no family should have to go through, especially not alone. The brain injury attorneys at Lovins Trosclair, PLLC can help. We have decades of experience helping families whose lives have been turned upside down due to traumatic brain injuries. Give us a call today and let us get to work getting the compensation you need and deserve: 214-484-1930.