Traumatic Brain Injury Lawyers in TexasLast updated on: February 21, 2021
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Perhaps one of the most unfortunate consequences of a serious accident is a traumatic brain injury (TBI). TBIs usually result from a sudden and violent blow to the head or body of the victim. The severity of TBI’s can range from somewhat mild, temporary conditions (such as a concussion) to very serious, permanent brain damage. In addition to dealing with the emotional and physical trauma of a serious brain injury, head trauma survivors and their family members often deal with the costs of the injury long after the accident. The costs of treating and maintaining the health of someone with a severe TBI can accumulate to multiple millions of dollars during their lifetime. Depending on how your traumatic brain injury occurred, you may be entitled to compensation.
At Zinda Law Group, our attorneys have the knowledge and skills necessary to help you maximize your compensation for any personal injury claim. Our firm has handled numerous brain injury and head trauma cases and we strive to get our clients the maximum compensation possible. Call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our experienced Texas brain injury lawyers today.
Traumatic Brain Injury Statistics in Texas
Texas Health and Safety Code, Sec. 92.001 defines a traumatic brain injury (TBI) as “an acquired injury to the brain, including brain injuries caused by anoxia due to near drowning.”
From 2004 to 2007, approximately 18,500 Texas residents are diagnosed with a TBI and discharged from Texas hospitals each year; and another 440,000 Texans (2% of the population) reported live with a disability caused by a TBI.
HOW TO KNOW IF YOU HAVE A TRAUMATIC Brain InjurY?
Although head injuries are relatively common, there can be serious side effects if they are left untreated. Even a mild brain injury or “concussion” has the potential to severely impair a person’s cognitive abilities, memory, and/or motor skills. Therefore, if you or a loved one has suffered a blow to the head, it is critical that you see a health professional as soon as possible after your accident.
Signs of head trauma and brain injuries can last for hours or even days or weeks after the accident. Ironically, other symptoms may not be evident for several days or until you return to your normal habits and notice cognitive delays. However, the usual indicators of a traumatic brain injury are generally noticeable in four principal areas:
- Loss of consciousness
- Sensitivity to light and sound
- Exhaustion or fatigue
- Weakness or numbness
- Intensification of emotions
- Heightened anxiety
- Increased tension
- Sudden onset of depression
Memory and Cognition Signs
- Having trouble thinking clearly
- Difficulty remembering new information
- Trouble concentrating on tasks
- Difficulty following the course of a conversation
- Some people describe feeling as though they are moving in slow motion
- Excessive sleeping
- Disturbances or difficulty in falling/remaining asleep
How to Know Whether It’s a Mild, Moderate, Or Severe Brain Injury?
The terms “mild,” “moderate” and “severe” are used to describe the effect of the injury on the brain’s functioning. Whether it’s mild or severe depends in part on:
- How long the person was unconscious,
- How intense their symptoms are, and
- The extent of damage and inflammation in the brain
Regardless of the injury’s perceived intensity, even a mild injury to the brain is still a serious ailment that requires prompt attention and an accurate diagnosis.
Though the term “concussion” is sometimes used lightly, it is actually a very severe injury. Downplaying the severity of even minor head traumas can have serious repercussions, particularly if the injured individual is likely to receive another head injury in close succession to the last.
Second impact syndrome (SIS), or repetitive head injury syndrome, describes a severe condition in which an individual experiences a second head injury before completely recovering from an initial head injury. SIS occurs when the brain swells rapidly, and catastrophically, after a person suffers a second concussion before symptoms from an earlier concussion have subsided. The second injuring-event could happen hours, days, or even weeks after the initial concussion The effects of SIS are often fatal and are more prevalent in younger individuals and. Therefore, every head injury should be treated with extreme caution.
Incapacitation and Guardianship Under Texas Law
When someone experiences a moderate to severe brain injury, they can be rendered incapacitated or incapable of managing the important decisions relating to their personal care. They may also need someone to file a lawsuit on their behalf for their injuries. In these situations, finding someone to make these decisions on their behalf becomes extremely important.
What Is Incapacity?
Under Texas law, there is a meaningful distinction between being disabled and being incapacitated. The Texas Probate Code states that an “incapacitated person” is defined as a person who “because of a physical or mental condition, is substantially unable to: (A) provide food, clothing, or shelter for himself or herself; (B) care for the person’s own physical health; or (C) manage the person’s own financial affairs.” Moreover, an individual can be disabled without being considered legally incapacitated.
In the case of a TBI, the damage to the nerves of the brain often results in individuals no longer being able to care for themselves (as independently as they did before) and/or being physically limited, such as being paralyzed.
If, however, the incapacitated individual has executed a well-drafted will, it should contain provisions appointing someone with the “power of attorney,” thereby avoiding any intervention from the court. A power of attorney refers to a document in which the person signing the document (the principal) authorizes another person (an agent) to make health care decisions on their behalf, in the event of incapacitation.
On the other hand, if the individual is an adult (such as a spouse or sibling) and has become incapacitated without executing a will, the court may need to create guardianship to preserve the individual’s legal interests. Texas courts will only do so when it is the least restrictive alternative.
What Is a Guardianship?
A guardian is a person, or an entity, appointed by a court to make personal and health care decisions for someone who is impaired due to mental illness, dementia, physical or mental disability, or substance abuse. When a guardianship is created, the court creates a legal relationship between a person who needs help (a ward) and a person or entity named to help the person in need (a guardian). Guardians have the same powers and duties as a parent has to a minor child, except that there is no obligation to provide for the incapacitated party from their own funds.
The process for creating a guardianship can be complex and there are likewise legal expenses attached to these proceedings. In the event that you or a loved one may be rendered incapacitated by a TBI, you may be entitled to compensation for any associated legal fees.
What activities generally cause traumatic Brain Injuries?
Brain injuries can occur in many ways, including blunt-force trauma, whiplash, electrocution, or oxygen deprivation. Like many other injuries, head trauma can be the result of one’s own carelessness or the conduct of another party. It is when another person’s negligence or intentional conduct causes your injury that you can action to seek legal compensation. Brain injury claims can take the form of medical malpractice, personal injury, product liability, or premises liability.
The most common circumstances that cause brain injuries and head trauma include:
- Traffic accidents
- Contact sports (including but not limited to football, hockey, baseball, and rugby)
- Dangerous or defective products
- Unsafe premises (such as outdated playgrounds, unfenced pools, or poorly maintained property)
- Military combat
- Automobile defects
- Bicycle or motorcycle accidents (often without a helmet or protective gear)
- Medical malpractice
- Workplace machinery
- Slip-and-falls or falls from heights
- Electrical accidents
- Physical assaults
How can a personal injury lawyer help?
While hiring a lawyer may not be the best option for every accident victim, it is always a good idea to at least consult with one so you can understand your rights and the legal remedies available to you. In the case of a traumatic brain injury, working with an experienced personal injury lawyer has some specific benefits:
While the immediate costs of a TBI (such as the initial hospital visit or the victim’s first surgery) may be apparent, the life-long expenditures associated with a severe TBI can be extraordinarily high and difficult to anticipate without extensive experience. Further, calculating non-economic damages can be particularly challenging for even unskilled personal injury attorneys. Non-economic damages refer to the losses that do not have a set monetary value and can include: the pain and suffering caused by the injury, any permanent physical impairment or disfigurement that results in the loss of enjoyment of life, lost consortium, and any other non-financial inconveniences you may experience as a result of the injury.
Consulting a Texas traumatic brain injury lawyer may help you calculate your damages and prove the long-term costs that your TBI will incur.
Developing Your Case and Hiring an Expert
Given the substantial toll that a TBI can have on an injury victim’s life, a great deal of compensation is required to rectify this harm. It is because of this steep price that insurance carriers will fight hard to devalue the claim and make offers to pay injured parties less than the law requires.
A personal injury lawyer can help you stand up to these insurance companies to make sure that you and your loved ones get the compensation that you deserve. They will do so by hiring expert witnesses to testify on your behalf as to the extent of your physical injuries, the amount of your non-economic damages, and the amount of continued medical expenses that you may require in the future to manage your recovery from the TBI.
Assistance with Medical Bills
Unfortunately, the treatment of a TBI can result in substantial medical expenses in both the near-term and long-term. If you or a loved one have suffered a TBI and either have not received medical attention or are unable to pay for these bills out-of-pocket, an experienced personal injury lawyer may be able to help you negotiate more reasonable hospital fees, assist in creating a payment plan, or identify ways to pay for/defer the medical bills until the case is resolved
GET HELP FROM OUR TExas traumatic Brain injury ATTORNEYS TODAY.
At Zinda Law Group, our Texas attorneys have helped brain injury survivors and their loved ones get their lives back on after catastrophic accidents, wrongful deaths, and financial losses. We have the knowledge and resources necessary to help you seek maximum compensation for any associated medical bills, lost income, property damage, pain and suffering, and all the other costs caused by your traumatic brain injury.
Our firm believes that injured clients should not have to worry about their ability to afford high-quality legal representation. This is why we offer 100% free consultations. Zinda Law Group operates on a contingency fee basis, meaning you will pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.