If you or a loved one suffered brain injuries in an accident, solid legal representation is critical. The medical consequences and complicates can be considerable when brain tissue is damaged, which means your losses may be extensive.
Under the circumstances, you can trust our Texas brain injury lawyers at Flores, Tawney & Acosta, P.C. to handle your claim. Please contact our office to schedule a free consultation, and check out some answers to frequently asked questions about these cases.
What are some symptoms of brain injuries?
In some cases, your injuries will be obvious because you’re bleeding, lost consciousness, or have a large bump. You should head to the emergency room immediately, as quick action could prevent long-term medical effects.
However, you should watch out for some other signs that aren’t so apparent, especially those that may indicate traumatic brain injury (TBI). Symptoms may include:
- Persistent or severe headache;
- Convulsions or seizure;
- Fluids draining from the nose or ears;
- Nausea or vomiting;
- Sensitivity to light or sound;
- Dizziness or a foggy-feeling;
- Fatigue and difficulty sleeping;
- Blurred vision;
- Confusion; and,
- Slurred speech.
How do brain injuries happen?
The brain tissue may be damaged by a violent blow to the head or an impact that causes the brain to move within the skull, striking the hard bone. There are numerous different ways you could sustain a brain injury, but accidents are among the most common causes. Our Texas brain injury lawyers handle such cases as:
- Car, truck, and motorcycle accidents;
- Incidents involving pedestrians and bicyclists;
- Oil field accidents;
- Other workplace incidents involving workers’ comp claims and civil litigation;
- Medical malpractice and medical mistakes;
- Products liability, where a defect in the item makes it dangerous for regular use; and,
- Many others.
What are my rights as the victim of a brain injury?
You can seek compensation from the party responsible for causing your injuries, but you need to establish the essential elements of a claim based upon negligence. You must prove that the person breached the legal duty to exercise reasonable care and you suffered brain injuries as a result. It’s also necessary to show that you suffered physical, financial, and emotional losses due to your brain injury.
What can I recover in compensation for brain injuries?
The term “compensation” refers to the monetary damages you may be entitled to recover because of the losses you sustain as a victim. Some of them are economic in nature, which means you prove your claim by providing documentation about your losses. Economic damages compensate you for medical bills, including surgery, hospitalization, ongoing care, physical therapy, pain medications, treatment by specialists, and any other medical expenses. Lost wages are also economic damages if you cannot work.
Non-economic damages are more complicated because they’re subjective, but you may still be entitled to compensation. Examples of losses in this category include:
- Pain and suffering;
- Diminished quality of life;
- Losses based upon your personal relationships;
- Emotional distress; and,
- Many more depending on your case.
Keep in mind that Texas has a law on proportionate liability, which could affect the amount of compensation you can recover. If you were at fault in the accident that caused your brain injuries, your monetary award is reduced by the percentage of blame attributable to you.
How do I file a claim for compensation?
The first step is filing a claim with the insurance company that provides coverage for the responsible party. Drivers, employers, businesses, medical professionals, and other entities carry insurance to protect their interests in the event of an accident. You seek compensation from the insurer, but the process is far from easy. Insurance companies don’t make money by paying out large sums to victims of brain injuries. Instead, they’ll try to find reasons to reject your claim or justify a low-ball payment.
Insurance company employees are less likely to attempt sneaky tactics when they’re dealing with attorneys who know the law. Our lawyers have experience in negotiations with insurers, and we’re aggressive in pursuing your interests.
Do I have other options if the insurer won’t pay compensation?
If you cannot reach an agreement to settle your brain injury claim, you still have legal remedies. It’s possible to file a lawsuit in court to seek the same forms of compensation as you did when dealing with the insurance company. Our attorneys have extensive experience with all aspects of the litigation process.
Are there time limitations on a brain injury lawsuit?
Yes, you need to be aware of the statute of limitations in Texas that applies to any type of personal injury case. You have two years to file in civil lawsuit in court, as measured from the date of the accident that caused your brain injuries. If you don’t initiate litigation within this time period, you’re forever barred from seeking compensation.
There are some exceptions to the statute of limitations, and an important one may affect a brain injury claim based upon medical malpractice. These cases are unique because you may not discover that you suffered injuries until long after they occur. You may have additional time beyond the two-year statute, but it’s still essential that you consult with an attorney right away.
How can Texas brain injury lawyers help with my case?
Our team can assist with your claim from the very beginning and right after your accident. We take care of the complex tasks, so you can focus on your health. We help by:
- Conducting an investigation to prove the essential elements of negligence;
- Gathering and sorting your medical bills, to support your claim for damages;
- Preparing insurance claim forms, including all supplementary documents;
- Negotiating with the insurance company’s claims adjuster;
- Preparing all documents to initiate a lawsuit; and,
- Representing you at all phases of litigation.
Contact Our Texas Brain Injury Lawyers to Schedule a Free Consultation
Though these answers to common questions may be useful, you will probably want more information on your rights and legal remedies after a brain injury. Our attorneys at Flores, Tawney & Acosta, P.C. can provide important details about your claim, so please call us today at (915) 308-1000 or check us out online. We can schedule a no-cost case evaluation for you at our offices in El Paso, TX or Las Cruces, NM.