TEXAS BRAIN INJURY ATTORNEY
Texas head and brain injury lawyers help those who have sustained an injury and need to file a claim to recover money for lost wages, medical bills and pain and suffering. Head injuries have several causes:
- Falls: A wet floor in a restaurant, a crack in the sidewalk or a misplaced item in a department store can lead you to slip and fall. Falls are a common cause of head injuries, especially in older people.
- Wrecks: Even when a driver or passenger is wearing a seat belt, serious head injuries can occur in wrecks.
- Work injuries: You may trip over an object that was not supposed to be in your path or slip on a wet surface
Negligence while hospitalized: In a nursing home or under a doctor’s care. These incidents include (1) problems during birth that caused a baby to have a brain jury (2) a problem with anesthesia during a surgical procedure (3) problems that occur in surgery and (4) any mistake in care.
Construction accidents. A construction site is a common place for accidents as workers often are climbing structures and working with dangerous equipment.
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HOW DOES A TEXAS HEAD AND BRAIN INJURY CLAIM WORK?
Your claim begins the second you or a loved one are injured. Here are some steps you should take when preparing a head and brain injury claim. Whether you’re hurt in Corpus Christi, San Antonio, or Austin, you need help.
Have someone document everything. This is not always possible at first. You or your loved one is facing serious injuries and the first thing you should do is make sure they are okay. But as soon as possible, document the area with notes and pictures. If the surface was wet or something was in the way, note it and take a picture. Record conversations on your smartphone. Do not let anyone move anything. Some business owners may want to “stage” the scene so they are not liable for any claims. You will also need to document all conversations with law enforcement, witnesses and medical personnel. Your Texas head and brain injury attorney can file a preliminary injunction to make sure nothing is moved or destroyed.
Get copies of accident reports. When law enforcement and ambulance services are involved, reports will be made. Get copies of them. Businesses, construction sites and manufacturers also document accidents. However, they might not be as willing to share them with you. A Texas head and brain injury attorney can help you get these documents.
Keep records of all medical treatments. The doctors and hospitals are going to want someone to pay the bills relating to your injury. Keep records of all the bills, including physical therapy, prescriptions and other treatments related to your injury.
Keep records of all injury-related expenses. If you live in a small town, you may have to drive to a larger city to get the treatment you need for your brain injury. Document your mileage, meal costs and other expenses related to your treatment.
Be careful in your conversations. Business owners will have a team of attorneys and insurance agents working for them in hopes of settling our claim for as little as possible. In the case of a car wreck, the other driver will hopefully have insurance and will also try to get you to agree to an amount of money that is not what you need. You do not have to talk to anyone or agree to any settlement.
Call a Texas head and brain injury attorney. An attorney can answer questions about your claim and handle any communications between you and the person responsible for the injury.
DO I NEED A TEXAS HEAD AND BRAIN INJURY ATTORNEY?
Yes! A Texas head and brain injury attorney will help you get the money you need to recover from your injury. Your attorney has the expertise and knowledge to negotiate the best settlement possible on your behalf. The business owners and others will have lawyers on their side. Don’t fight alone. The sooner you get an attorney on your side, the sooner you can have your case settled and get the money you need.
TYPES OF HEAD INJURIES THAT OCCUR IN TEXAS
Diffuse axonal injury: This type of injury, referred to Shaken Baby Syndrome when it involves a child, happens when the head is shaken or rotated by force. This movement tears the nerve tissue in the brain and can cause additional injury by releasing brain chemicals, according to the Brain Injury Association of America. This type of injury can cause permanent damage, coma or death.
Concussion: This is the most common type of brain injury caused by either a direct blow to the head, a gunshot wound, a whiplash injury or violent shaking of the head can cause a concussion. A person may lose consciousness or just feel dazed. A concussion can cause permanent or temporary damage and can take months or years to heal.
Contusion: This injury is caused by a direct impact to the head and is a bruise on the brain. Surgery may be required for large contusions.
Coup-Contrecoup Injury: This happens when the force from a blow not only caused a contusion at the site of impact but also caused another contusion on the other side of the brain.
Recurrent traumatic brain injury: This happens when a person has a second brain injury before a first one has healed. This second impact is more likely to cause death and long-term effects, such as muscle spasms, changing emotions and learning difficulties.
Penetrating injury: This happens when an object is forced into the brain. An example is a gunshot wound, which is the leading cause of death from traumatic brain injury.
Anoxic brain injury: This happens when the brain does not receive oxygen. Toxic Anoxia happens when toxins or other substances block the oxygen from getting to the brain.
Hypoxic brain injury: In this case, the brain receives some oxygen, but not enough.
Open head injuries: These include several types of skull fractures that can lead to permanent damage or death.
Closed head injury: This type of injury occurs when a person takes a blow to the head but the skull does not fracture. This leads to brain swelling which can lead to pressure on the nerves.
HOW WILL A TEXAS HEAD AND BRAIN INJURY ATTORNEY HELP ME?
When you are injured, you will have a long list of expenses. Ambulance service, emergency rooms, hospitals, doctors and therapists will send you bills demanding payment. You may have to drive a long way to get the treatment you need for your head and brain injury. On top of all the financial pressure, you may be out of work due to your injury. You need help and a Texas head and brain injury attorney is there to give help you. Here are some of the things he will help you recover.
Medical bills. This includes not only the bills for the initial treatment of your injury, but any long-term care you may need. Loss of current and future wages. Most Americans live paycheck to paycheck and if one is missed, it can throw a household into turmoil. Head and brain injuries can lead to weeks of treatment. In some cases, the injury may keep you from ever going back to work. A Texas head and brain injury attorney can help you get the money you need to sustain your life and if needed, help you with any disability claims. Pain and suffering. This involves two separate concepts. The first is the pain and suffering that is not related to money. This can be because you are not able to do the things you did before your brain injury. Loss of consortium with your spouse or partner can also be included. Depression and other forms of mental anguish can also be considered. The economic factors are determined by the injury’s severity, how long it took you to heal and other factors.
No claim is alike and the amount of pain and suffering is based on each individual claim. Texas does not have a cap on the amount you can receive.
TEXAS HEAD AND BRAIN INJURY STATISTICS
Someone suffers a brain injury every four minutes, according to the Texas Brain Injury Alliance, Currently, about 381,000 Texas are living with a disability due to a brain injury with another 5,700 become disabled every year. These numbers do not include acquired brain injuries that may occur due to medical negligence.
According to the Centers for Disease Control, brain injury rates were the highest for people over 75 years old. Falls are the number one reason for brain injuries, causing 47% of them for all age groups in 2013, the last year the CDC provided statistics. The second leading cause is being struck by an object or against an object. Motor vehicle accidents are the third leading cause.
TEXAS INSURANCE LAWS REGARDING HEAD AND BRAIN INJURIES
Texas law requires insurance companies to include provisions for post-acute rehabilitation and medical rehabilitation for those who have suffered a brain injury. For acquired brain injuries, insurers must provide treatment and services. These do not have to include hospitalization. If you are denied treatment, you can file a complaint with the Texas Department of Insurance.
WHY CHOOSE OUR FIRM?
Insurance companies want to make a profit. And often they do that by offering the lowest claim settlements possible, even to people with severe injuries. Our job is not let you get taken by these insurance companies and get the money you need to recover from your head and brain injury.
OUR TEXAS HEAD AND BRAIN INJURY LAW FIRM WILL:
Thoroughly evaluate your claim and give you an honest assessment. We’ve fought with the insurance companies and the business owners. We know what they can and can’t do. We will truthfully tell you what your claim is worth.
Stand by you during the battle. Insurance companies like to hold on to their money for as long as they can. They will draw out a settlement, hoping you will quit. We will not quit until you are compensated for your head and brain injury. If they won’t settle, we will take your battle to court.
Give you personalized attention. We know that all of our clients have been through some sort of trauma and are in need. Why would they come to us if they weren’t? We personalize our approach to each case and give our clients the support they need during these trying times.
COMMON QUESTIONS ABOUT TEXAS BRAIN INJURY CLAIMS
Traumatic brain injuries can exhibit a broad range of symptoms. Not all of these can be seen with a naked eye, making it all the more important to get medical attention as soon as possible after an accident to rule out a brain injury. If someone has sustained a brain injury, they may exhibit symptoms such as slurred speech, headache, loss of consciousness, memory problems, loss of coordination, aggressive behavior, abnormal fatigue, vomiting or nausea.
Brain injuries may lead to temporary or permanent loss of wages, in addition to expensive medical attention. Emotional and physical suffering is also common for brain injury victims. A brain injury can also cause lasting damage, prompting the need for regular medications, medical attention and the permanent loss of ability to work. Permanent brain damage may also occur in more severe cases. A lawsuit may be the only way for an injured person to get compensation for resulting damages to pay for their lost wages, medical bills, and any other costly changes in their life brought about as a result of the injury.
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