Rockport Traumatic Brain Injury Lawyer Representing TBI Victims in Texas
A TBI or traumatic brain injury can happen to anyone, and millions of Americans of all ages are diagnosed with a TBI every year. However, when a TBI is a result of an accident caused by another party’s negligence, knowing your rights as a victim is extremely important. Learn how TBI claims work in Texas and what you need to do to receive the compensation you deserve.
What Are The Different Types of TBI?
A traumatic brain injury can occur when a person suffers a significant impact on the head, causing the skull to move rapidly back and forth. The impact and rapid movement can make the brain move or otherwise collide with the bones that form the cranial cavity. This can result in damage to brain tissues and affect the way the brain works.
Traumatic brain injuries are classified as mild, moderate, or severe. Mild TBIs are also called concussions and are not usually life-threatening. Concussion victims usually make a full recovery in just a few weeks with little medical supervision. However, suffering repeated concussions can aggravate the problem and lead to a more serious situation.
A moderate TBI is observed when a person loses consciousness for an extended period of time that usually lasts for less than 24h. They may feel confused, dazed, or have trouble remembering what happened. A person with a moderate TBI may also present other symptoms, such as headache and persistent nausea or vomiting. A severe TBI victim may present all of the symptoms of a less serious traumatic brain injury but remain unconscious or in a coma for more than 24h. The more serious cases could lead to irreversible damage or death.
Am I Entitled to Compensation for a TBI in Texas?
When a traumatic brain injury is the result of an accident or negligent actions of another party (such as an individual or business entity), the injured party may be entitled to receiving payment for their injury and losses. TBI claims are considered a type of personal injury claim, and victims may seek compensation through a few different routes – usually through an insurance claim or a civil lawsuit in court.
As an example, suppose you were hurt in a motorcycle accident, and even though you were wearing a helmet, you ended up being thrown from your motorcycle and hitting your head on the pavement. The accident was caused by a distracted driver and left you with a moderate TBI. Because of your TBI and the other injuries you sustained during the accident, you were unable to return to work and required extensive medical help to recover. The at-fault driver’s insurance would be responsible for providing compensation for all your damages. In the event that the driver had no insurance, you may also have the option of initiating a personal injury lawsuit.
How Much Money May I Be Entitled to Receive for a TBI in Texas?
There is no doubt that a TBI can affect several aspects of a victim’s life. Depending on the severity of the injury, a TBI can lead to disability and a long list of physical, cognitive, behavioral, and emotional challenges that make it hard – if not impossible – for a TBI victim to return to work and earn a living. If you were hurt by someone else’s negligent actions, you might be anxious to find out the value of your TBI claim.
The best way to receive an accurate estimate of how much money you may be entitled to receive is to contact a Rockport traumatic brain injury attorney to discuss your case. Without analyzing exactly what happened and how the injury has impacted your life, it is not possible to know how much your case is worth. Generally speaking, the more serious the injury and the more extensive the damages you sustained, the higher your claim value may be, but each TBI case is unique and may deliver different results.
The total dollar value of your claim is usually calculated based on a combination of economic and non-economic damages. Economic damages are financial losses and expenses generated by the accident and injury. TBI victims almost always find themselves paying never-ending hospital and medical bills. They may also be unable to work and earn their regular wages – a situation referred to as lost wages. Medical bills, lost wages, and any other tangible financial loss can all be considered economic damages. Non-economic damages are the more subjective effects a TBI can have on a person. Pain, suffering, loss of enjoyment of life, and emotional distress are all examples of non-economic damages.
When Should I See a TBI Lawyer?
Personal injury cases – including traumatic brain injuries – are subject to the statute of limitations for civil cases in the state of Texas. That means once the injury occurs, the clock starts ticking. TBI victims have only two years to take action and initiate a claim.
Dealing with a TBI is already an overwhelming and upsetting situation. Unfortunately, as is always the case in a civil action, the injured victim has to come up with the evidence to prove their case, as the burden of evidence falls on the plaintiff of a personal injury case. This is when reaching out to a Rockport traumatic brain injury lawyer can change everything.
At the Law Offices of S. Dylan Pearcy, Attorney S. Dylan Pearcy and his legal team are prepared to take over every aspect of your case on your behalf. Taking action right away and contacting our firm as soon as possible is the first key step to begin fighting for the compensation you deserve as a TBI victim. Let us handle your claim for you so you can focus on what really matters. Contact our Rockport office at (361) 203-7097 to learn more.