Brain Injuries Can Have Catastrophic Consequences
The Centers for Disease Control and Prevention estimate that more than 1.4 million people suffer from some type of brain injury each year. These types of injuries can occur for a multitude of different reasons. The extent of brain damage can vary based on the severity of the injury. Those who suffer from a brain injury may be eligible for compensation. Kastl Law, P.C., has helped clients throughout Texas understand their options.
Brain Injuries And Specific Accidents
Below are some of the most common incidents where brain injuries may occur:
- Car accidents: They can cause whiplash or direct head impact. Even a minor crash can lead to a traumatic brain injury, and Texas auto insurance laws can affect liability and coverage, especially in cases involving uninsured drivers or disputed fault.
- Truck accidents: These are especially dangerous due to the size and weight of commercial vehicles. Victims can face severe injuries, and claims must address federal trucking regulations and commercial insurance complexities.
- Motorcycle accidents: They often result in brain injuries because riders lack the protection of an enclosed vehicle. Although helmets help, concussions, skull fractures and diffuse axonal injuries can still occur.
- Slip and falls: They often involve premises liability, where we must prove negligence, such as wet floors, broken steps or poor lighting.
- Sports-related brain injuries: These include concussions, chronic traumatic encephalopathy (CTE) and skull fractures. School or league negligence, poor training or defective equipment can result in these injuries.
- Workplace accidents: Working at high elevations in construction or industrial settings can result in head trauma from falls, falling tools or equipment failures. Workers’ compensation might apply, but we also examine third-party liability.
- Medical malpractice: This sometimes leads to brain damage through birth injuries, surgical errors or anesthesia complications.
- Assaults or violence: It includes shaken baby syndrome and blunt force trauma, which can cause permanent damage. Victims may pursue civil compensation alongside any criminal proceedings.
Our brain injury lawyers in Texas can help clients pursue compensation to make the recovery period less daunting.
Types Of Brain Injuries
Some of the injuries our Texas brain injury attorneys handle include:
- Concussions (Mild TBI): Often brushed off, concussions can lead to post-concussion syndrome, causing memory loss, headaches or mood changes.
- Diffuse axonal injury (DAI): One of the most severe forms, DAI can occur without direct impact and might not show up on early scans, but it can lead to long-term unconsciousness or disability.
- Coup-contrecoup injuries: These involve trauma at both the impact point and the opposite side of the brain, often seen in car or motorcycle accidents.
- Anoxic/hypoxic brain injuries: These occur when the brain lacks oxygen due to events like choking, drowning or medical errors, often leading to cognitive impairments or coma.
When any of these injuries happen, a Texas brain injury lawsuit may be necessary to secure resources for long-term care.
Don’t Trust The First Offer
After you or a family member suffers a brain injury, there is a good chance you will get a call or a visit from an insurance company. They may offer you a settlement and you might even think it seems to be a fair amount. However, before you sign anything, it is important to talk to a knowledgeable attorney. We can explain what types of additional costs there might be for dealing with the injury later.
Often, the settlement amount offered is actually quite low. The insurance companies do not want to pay out any more than necessary, and uninformed injured people who are simply looking for a little bit of help will accept their settlement. You need to make sure you are really getting compensated for the damages you or your loved one deserves for their injuries. We can represent you and make sure the money you receive is actually enough to help you.
Frequently Asked Questions About Brain Injury Cases
Many clients come to us with questions about traumatic brain injuries and the legal process. Below are answers to common questions we receive from people facing these challenging situations.
What are the common causes of traumatic brain injuries, and how can they be prevented?
Traumatic brain injuries most commonly result from motor vehicle accidents, falls, sports impacts, workplace accidents and violent assaults. Motor vehicle accidents are the leading cause in adults, while falls particularly affect children and seniors.
Prevention strategies include consistent seatbelt use and proper child safety seats in vehicles. Athletes should wear appropriate helmets that fit correctly – this can reduce injury risk by up to 85%. For elderly individuals, removing trip hazards, installing grab bars and improving lighting significantly reduces fall risks. Construction workers should always use required safety equipment and follow established protocols to minimize workplace injuries.
What are the first steps I should take after suffering a traumatic brain injury?
Seek immediate medical attention even if symptoms seem minor, as brain injuries can worsen rapidly. Request comprehensive testing, including imaging like CT scans or MRIs. Document everything about the incident – take photos, note details and collect witness information.
Report the incident appropriately – to police for traffic accidents, supervisors for workplace injuries or property owners for premises liability situations. Preserve all medical records and treatment recommendations. Before speaking with insurance representatives, consult with an attorney who handles brain injury cases to protect your legal rights and avoid statements that could harm your claim.
How do I know if I have a valid TBI claim, and what are the key factors that determine eligibility?
Valid claims typically require showing that someone owed you a duty of care, they failed to meet that duty, their failure directly caused your injury and you suffered measurable harm. Critical factors include having clear evidence linking the defendant’s actions to your injury and documented medical diagnosis of TBI from qualified health care providers.
In Texas, you generally have two years from the injury date to file. The severity and permanence of your injury significantly affect claim validity – even “mild” TBIs can cause long-term consequences that warrant compensation.
What is the difference between a TBI claim and a personal injury claim, and how do they impact my case?
Though TBI claims fall under personal injury law, they involve unique challenges requiring specific legal knowledge. They typically require more detailed medical evidence, including neuropsychological assessments and testimony from medical professionals. TBI damages often extend beyond immediate medical costs to include long-term rehabilitation, lifetime care needs and noneconomic damages.
These cases generally involve higher damage amounts and require thorough analysis to calculate future costs. Insurance companies frequently contest the severity of brain injuries, particularly with mild TBIs that may not show on standard imaging, making qualified legal representation vital.
How do insurance companies handle TBI claims, and what are their tactics for minimizing payouts?
Insurance companies often employ tactics to reduce claim values, including questioning the injury’s severity, especially with “invisible” symptoms like cognitive difficulties. They frequently attribute symptoms to pre-existing conditions and dispute long-term implications.
Insurance companies typically offer quick, low settlements before you understand your long-term prognosis and may request recorded statements hoping you will make inconsistent comments. Working with attorneys who focus on brain injury litigation is essential to counter these tactics and secure fair compensation that reflects the true impact of your injury on your life and future.
Take the First Step Towards Justice: Schedule a Consultation Today
If someone else is at fault for your accident, it is important that they pay for the damages they caused. We can help you determine where the fault lies so the right people are held accountable for the injuries that changed your life. You can reach an attorney at one of our three offices in Dallas, Fort Worth and El Paso by calling 214-427-6043 or filling out our online contact form.
