Kerrville TBI Lawyer Providing Legal Services and Advice for Brain Injury Victims in Texas
According to the CDC, over 1.5 million traumatic brain injuries happen annually in the United States. This number becomes even more disturbing, considering that most TBI victims are children and young adults, but TBIs can affect anyone, including adults and the elderly. When someone else’s negligent actions cause a TBI, the victim of this often life-altering injury may have the right to seek damages compensation. Our firm helps TBI victims get justice and provides answers to common questions about initiating a TBI personal injury claim.
What Is Considered a Traumatic Brain Injury?
A TBI or Traumatic Brain Injury occurs as a result of a significant impact on a person’s head. The impact causes the head and the brain to move rapidly back and forth, which may cause the brain to move, twist or bounce inside the skull, causing injury to brain tissues, chemical changes in the brain, and possible damage to brain cells, in some cases.
Traumatic brain injuries can vary from mild to moderate and severe. A mild traumatic brain injury is sometimes referred to as a concussion and may temporarily affect a victim but, in most cases, does not cause long-term problems, and the victim usually makes a full recovery in a few weeks. Moderate and severe TBIs may require hospitalization and result in a variety of long-term symptoms and even disability. Moderate and severe TBIs can affect a patient physically, cognitively, and emotionally.
TBI victims may have trouble with balance, coordination, standing and walking, vision, hearing, and the ability to control their limbs. They may also have trouble with speech, learning and processing new information, and other cognitive tasks. Because a TBI affects the brain tissue and creates a chemical imbalance, it can also result in emotional problems such as depression, anxiety, lack of impulse control, aggressiveness, and emotional outbursts. TBI victims may find it difficult to maintain a job, return to school or have a social life due to the many ways their injury affects them.
How Do I Know if I Have a Valid TBI Claim Against Someone?
When your traumatic brain injury resulted from someone else’s negligent or reckless actions, you may have a valid personal injury claim against that individual or entity responsible for your injuries. As in most personal injury cases, a TBI claim based on negligence requires the victim to come up with enough evidence to prove that their accident and injury was a direct result of another party’s breach of duty of care, and because of that breach, the victim was injured and sustained significant damages.
An experienced TBI lawyer can help prove that your injury resulted from negligence. Collecting vital evidence to support your case is crucial for a successful claim. Your attorney may use various evidence types to help document the extent of your injury and how it will affect you now and in the future. Medical records, testimony from expert witnesses, and evidence from the accident (such as pictures or security camera footage, if available) can also help support a negligence-based TBI claim.
How Much Is a Traumatic Brain Injury Claim Worth?
TBI victims may find themselves temporarily or permanently unable to work and earn their regular wages, which is usually a stressful situation that can be aggravated by the growing stack of medical bills they may receive. Unfortunately, there is no way of determining the exact monetary value of a claim without conducting an in-depth analysis of what happened and how it affected the victim. Every TBI case is different, but generally speaking, the more serious the injury and the more significant the damages resulting from it, the higher your TBI claim value may be.
A skilled TBI lawyer can help you seek compensation for economic and non-economic damages. Economic damages are the tangible financial losses resulting from your injury. Economic damages may include medical bills, lost wages, loss of future earning ability, and the cost of rehabilitation or in-home nursing aides, if applicable. But a TBI affects victims more than just financially, so you may also be entitled to non-economic damages.
Examples of non-economic damages include pain, suffering, and emotional distress resulting from the injury and recovery. In addition, in some cases where the victim can prove that their accident resulted from gross negligence, punitive damages may be available in addition to standard damages.
Why Should I Work With a Kerrville TBI Lawyer?
Suffering a traumatic brain injury that could have been prevented if someone else had not acted recklessly or negligently is extremely upsetting and impacts a victim’s life in many ways. Yet, personal injury victims are given the burden of proof and must present their own evidence to prove that they deserve compensation. Whether your TBI case can be resolved through an insurance claim or a court trial is required, working with a Kerrville TBI lawyer can help increase your chances of a successful outcome.
At the Law Offices of S. Dylan Pearcy, Attorney S. Dylan Pearcy and his legal team can handle every aspect of your TBI claim on your behalf – from taking insurance phone calls and filling out forms to conducting negotiations and representing you in a court trial – so you can focus on healing and spending time with your loved ones. Contact our Kerrville office at (830) 222-8629 to learn how we can help you fight back and get the compensation you deserve.