The human brain is a remarkable and complex organ that controls how we move, think, feel, express ourselves, and more. It is also very delicate. A single blow to the head can irreparably alter how it operates and, therefore, how you are able to live your life.
TBIs can make it difficult to concentrate and process information, so you might decide to reach out to a lawyer to help answer your questions and take care of the legal process for you. An Allen traumatic brain injury (TBI) lawyer can make it easier for you to file a lawsuit against whoever is responsible for your injury.
Seeking Compensation for a TBI
A blow to the head can have short-term and/or long-term consequences for your:
- Physical health
- Mental health
- Social life
Below are a few examples of compensation—also called damages—that you could be entitled to and how you could qualify:
- Pain and suffering covers all of the physical, mental, and emotional distress you would not have had to go through had it not been for the TBI. An Allen traumatic brain injury lawyer can talk to you and your loved ones to establish the pain and suffering you endured because of your injury.
- Disability refers to the loss of either physical or intellectual capacity on a temporary or permanent basis. You would need a doctor to verify your disability to receive damages for it.
- Medical expenses will reimburse you for all of the money you have or will spend on treating the TBI. You could qualify if you have received any form of treatment, including diagnostic tests, surgery, medication, and physical therapy.
- Loss of salary or earning capacity includes any money you lost by taking time off work. Loss of salary refers to money you have already lost, as reflected by your financial records. Loss of earning capacity refers to money you will lose in the future, which is calculated based on your pre-accident earnings.
For a free legal consultation with a traumatic brain injury lawyer serving Allen, call (972) 535-6377
Building Your Case
According to Texas Civil Practice and Remedies Code § 16.003, you have two years to file your legal case, starting from the day the accident occurred. Therefore, it is a good idea to start building your case immediately and decide whether or not you want to contact an attorney for help.
If you decide to move forward with your case, you will need to start:
- Interviewing everyone involved in the accident, including their loved ones, and eyewitnesses
- Looking for audiovisual footage of the accident to get a better idea of what happened
- Requesting important documents, such as medical records or a police report
- Contacting the liable party’s representative and exchanging evidence with them
Once you have sufficient evidence, you or your attorney can go to the liable party and demand a settlement. If your case is strong enough, they may realize that they have no chance of winning in court and offer you a pretrial settlement.
Seeking a Settlement
Just because you are offered a settlement quickly does not mean you should take it. If you have hired a traumatic brain injury lawyer, you will want to speak with them before agreeing to anything to make sure you receive a proper settlement. An attorney will likely then:
- Calculate exactly how much your injuries are worth
- Tell you when and if the liable party’s insurance company tries to undervalue your injuries
- Present the insurer with evidence of your injury and their client’s role in causing it
- Refute any counterarguments the insurer makes to make you seem culpable or minimize your suffering
Allen Traumatic Brain Injury Lawyer Near Me (972) 535-6377
Who to Hold Responsible for a TBI
Traumatic brain injuries can and do happen in any number of settings and circumstances. Each of the following scenarios could result in a TBI.
Motor Vehicle Accidents
Even if you take all necessary precautions while on the road (wearing your seatbelt, maintaining a safe speed, etc.), you could end up in a car crash that causes severe injuries. TBIs can occur during car accidents if:
- A heavy object is airborne and strikes you in the head
- You are thrown through the windshield
- The car flips, rolls, or spins, causing the brain to “rattle around” inside the skull
If another driver’s careless actions (e.g., distracted driving, ignoring traffic signs, etc.) caused your car accident, you can hold them responsible for all that you have suffered. Alternate or additional liable parties could include car part manufacturers, mechanics, or the other driver’s employer.
Slip and Fall Accidents
According to the Cleveland Clinic, falls are a very common cause of TBIs, particularly among adults older than 65 and children younger than 17. While dangerous falls could occur in your own home, they also commonly occur in other locations, such as:
- Public swimming pool, or other recreational spots
The owners of these properties are responsible for keeping them safe for all visitors. They or anyone they hired to perform property maintenance duties on their behalf (e.g., mowing the lawn, mopping floors, etc.) could be at fault.
A TBI that occurs as your child is being born could have major consequences for the rest of their life. For instance, any delay in bringing the child out of the womb or failure to notice that the umbilical cord is wrapped around the child’s throat could lead to oxygen deprivation that permanently damages your child’s brain.
Alternatively, your healthcare provider could have used undue force during delivery, inadvertently shaking or hitting your child’s head until a TBI occurred. In birth injury cases, you could potentially sue one or more healthcare providers (such as a doctor or a nurse) for malpractice. You could also sue the healthcare institution they are employed with.
Contact Underwood Law Office Today
Our team at the Underwood Law Office wants to make sure that you and your family are taken care of after a life-altering traumatic brain injury. We can help you “translate” your list of losses into legal terms for which you can seek compensation.
Our lawyers are proud to help TBI survivors in Allen, Texas recover the compensation they need to start picking up the pieces of their lives and finding a new normal. Contact us today for a free initial consultation.