Dallas Traumatic Brain Injury Lawyer

Many brain injuries result from negligent actions or intentional misconduct. In these types of cases, “negligence” means the other person had no intention of causing injury to someone else and could apply in scenarios involving accidents. The term “intentional” means there was malice and intent to cause injury, like during an assault.

Intentional acts often come with criminal charges, but these charges are separate and apart from lawsuits brought on the civil side. Our Dallas traumatic brain injury lawyers can help you take civil legal action against a party that caused harm through negligence or intentional violence in the form of a personal injury lawsuit.

Some of the most common causes of traumatic brain injuries include:

Keep in mind that brain injuries can happen even in incidents involving seemingly low speeds and heights. A simple fall can trigger a traumatic brain injury if the victim’s head strikes a sharp corner or surface, for example.

The symptoms a traumatic brain injury victim can experience are specific to the circumstances of the accident or incident. If you sustained blunt force trauma to the head, you should not wait to get a full medical evaluation, especially if you observe any symptoms associated with brain injuries.

Common short-term symptoms of a traumatic brain injury include:

The location of the trauma to the head will determine the lasting – and often permanent – health impacts. If the impact occurred in the frontal lobe, then the effects can hinder reasoning, problem-solving, impulse control, and/or judgment, which can lead to dangerous behavior. Impacts to the left side of the head can affect logic, speech, and/or comprehension, while injuries to the right side of the head can cause problems with visual processing, thinking through sequential movements, and/or doing familiar activities or tasks.

When in doubt, do not wait to get checked out. Catching a brain injury sooner rather than later can allow healthcare professionals to accurately diagnose the injury and begin appropriate treatments immediately, which can significantly reduce the risk of long-term complications. Delaying medical assessment can lead to worsening symptoms and potentially permanent damage, as untreated traumatic brain injuries can result in cognitive impairments, physical disabilities, and mental health issues.

The treatment of traumatic brain injuries can vary significantly depending on the severity of the injury. Our team at MR.LAW Accident & Injury Attorneys wants you to get the short- and long-term care you need to achieve the best possible recovery, which is why our Dallas traumatic brain injury lawyers can fight to recover full and fair compensation from the party responsible for your injury.

Mild traumatic brain injuries, such as concussions, often require rest and over-the-counter pain relief to manage symptoms like headaches. Patients are usually advised to avoid strenuous activities and monitor their symptoms closely. In more severe cases, hospitalization may be necessary. Healthcare professionals may use imaging tests like CT scans or MRIs to assess the extent of brain damage and identify any complications, such as brain swelling or bleeding.

Once a traumatic brain injury has been diagnosed, initial treatment may involve stabilizing the patient to support proper oxygen flow to the brain and maintaining blood pressure. Surgery may be necessary to repair fractures, remove blood clots, or relieve pressure caused by swelling. Medications can also play a crucial role, with doctors prescribing diuretics to reduce fluid buildup, anticonvulsants to prevent seizures, and coma-inducing drugs to reduce the brain's need for oxygen and nutrients.

Rehabilitation aims to help traumatic brain injury victims regain lost functions and improve their quality of life. This may include physical therapy to restore movement and strength, occupational therapy to help with daily activities, and speech and language therapy to address communication issues. Psychological support is also essential, as traumatic brain injuries frequently trigger or contribute to mental health conditions like depression or anxiety.

In Texas, the statute of limitations for filing a personal injury claim, including those for traumatic brain injuries, is generally two years from the date of the injury. This means you have a two-year window to take legal action against the responsible party and seek compensation for damages.

However, several factors can influence this deadline. For example, if your traumatic brain injury was discovered well after the accident that caused the initial injury, the statute of limitations might begin from the date of discovery rather than the date of the incident. Our Dallas traumatic brain injury attorneys can help you understand how much time you have to start the legal process.

The necessary medical and rehabilitative care following a traumatic brain injury can be extensive and lifelong. These injuries take their toll on the victim and the supporting family members. The costs and the experience of these are known as damages, and these damages are compensable. When a person sustains an injury resulting from the act of another, then the injured party has the right to seek a damage award from the person responsible for the accident.

There are two categories of damage that an injured party can seek: economic and non-economic. It is the intent of a damage award to put the injured party back in a comparable financial position as though the accident and injury did not occur.

Economic damages are the out-of-pocket costs and expenses resulting from the injury. This can include lost wages, property damage, reduced earning capacity, and healthcare costs. These expenses are proven with tangible written evidence like receipts, pay stubs, and estimates for property damage.

The non-economic damages cannot be proven with tangible evidence, but these damages are still real and have value. These damages are the emotional and psychological pain suffered by the injured party. The presence of this type of suffering is supported by personal journals and the testimony of expert witnesses. It generally takes the knowledge of a seasoned personal injury attorney to accurately assess and argue the value of non-economic damages.

There is another category of damages called punitive damages. However, punitive damages are rarely awarded in a personal injury claim unless an intentional act is proven. The intent of this damage award is to punish the responsible party as opposed to compensating the victim.

It is the total value of the economic and non-economic damages that comprise the value of a claim. Properly valuing a brain injury claim is incredibly important, as the lifetime costs associated with these injuries are significant.

Put another way, as an accident victim, you only get one chance at financial recovery. If you accept a settlement offer that is inadequate for your needs, you cannot come back later and ask for more. Your attorney must fully understand the extent of your injury, what your current and future medical needs will be, and accurately calculate what financial compensation you need to be made whole.

We understand that there is no amount of compensation that can fully place you in the position you were in prior to the accident. A lawsuit or settlement can, however, provide the funds needed to pay for medical treatment and help you and your family move forward.