Houston Traumatic Brain Injury Attorney

Our world can change in an instant. A single moment, an unforeseen accident, and the trajectory of our lives can be altered forever.

For countless individuals who have suffered a traumatic brain injury (TBI), these life-altering moments can leave them and their families in physical, emotional, and financial chaos.

Traumatic brain injuries occur far more frequently than most people may imagine. The Centers for Disease Control (CDC) states that there were approximately 214,110 TBI-related hospitalizations and 69,473 TBI-related deaths between 2020 and 2021.

If you’ve suffered head trauma, seeking legal help from a Houston traumatic brain injury lawyer is crucial. At Barrera Law Group LLC, we have the specialized knowledge and experience necessary to handle TBI cases effectively. We understand the complexities involved in proving liability, assessing damages, and seeking fair compensation for your traumatic brain injury. We want to use this expertise to assist you in forwarding your case. Let’s meet for a free consultation to discuss your potential case.

What Is a TBI?

This condition typically results from a violent blow, jolt, or penetrating head injury that disrupts the normal functioning of the brain.

Understanding the Different Types of Traumatic Brain Injuries

TBIs can be classified as two different types, including:

• Closed Head Injuries: Included in this category is any damage that occurs in the brain without any objects piercing through the skull or entering the brain
• Penetrating Head Injuries: This type of injury occurs when an object penetrates the skull leading to the brain

How TBIs Impact Victims

These trauma injuries can result in both primary and secondary brain damage, lead to a wide range of disabilities, and negatively impact many aspects of a person’s life and the lives of their loved ones.

The effect areas of TBIs can include thinking, comprehension, emotion, and behavior. Cognitive problems, communication problems, and difficulties with daily life skills are frequently seen. Survivors of TBI are also at higher risk of epilepsy and other brain disorders.

The brain is complex and fragile, so even a minor concussion should be taken seriously.

If you’ve suffered one of these injuries and plan to take legal action against the person who harmed you, it’s important that you know that, for a TBI legal case to be successful, immediate medical attention must be sought, and the cause and extent of the injury must be fully documented.

Recovery involves a comprehensive rehabilitation process, including physical, occupational, and speech therapy to relearn lost skills and regain independence.

Signs Someone Has a Brain Injury

A StatPearls academic journal study published by the National Library of Medicine states that a TBI may decrease the short and long-term health of the injured person, putting them at an elevated risk for permanent physical and behavioral disability, pain, and handicap.

Rehabilitation therapies, assistive devices, and technology have been shown to help some patients perform their daily living activities; however, a large number of those who have suffered a TBI are unable to improve their quality of life to what it was before their accident.

TBI survivors may face a wide range of symptoms from a traumatic brain injury causing difficulty in various spheres of life, including:

Physical Symptoms

Some physical manifestations of brain damage may include:

• Headaches or sense of pressure in the head
• Nausea or vomiting
• Fatigue and insomnia
• Increased sensitivity to noise and light

These physical symptoms are reminiscent of a mild concussion or severe migraines.

Cognitive Issues

Examples of issues with cognition a TBI patient may face include:

• Confusion or feelings of disorientation
• Forgetfulness
• Trouble concentrating or staying focused
• Speech impairment or trouble communicating
• Poor decision-making or judgment lapses
• Feeling not oneself in general

Emotional and Behavioral Changes

Mental health concerns someone with a traumatic brain injury may experience include:

• Mood swings and emotional instability
• Irritability
• Feelings of depression
• Personality changes
• Recklessness and impulsivity
• Rapid “roller coaster” mood swings.
• Lack of interest in usual activities, social interactions, or hobbies

Sensory Symptoms

Impacts to your senses caused by a brain injury could include:

• Difficulty hearing, possibly leading to deafness
• Abnormalities in vision, like problems with object tracking, double vision, or blurred vision

Motor Control Issues

Factors affecting everyday functioning that may plague TBI survivors include:

• Weakness in limbs
• Localized paralysis
• Tremors and potential epilepsy attacks
• Difficulty maintaining steady walking

Communication and Language Difficulties

Brain damage, depending on what portion of the brain is impacted, may lead to:

• Problems with the speech like slurred speaking or mumbling
• Trouble understanding conversations or finding appropriate words

By observing these signs, a traumatic brain injury can be identified early and dealt with accordingly, but not all TBI survivors will manifest all of these symptoms, and the level of difficulty with each can vary greatly. Also, these signs may develop differently or become more apparent as time passes. This depends on how quickly the body heals and responds to medication and therapies.

It’s also important to understand that symptoms of traumatic brain injury in children, as described by the National Institute of Neurological Disorders and Stroke, can be markedly different from those found in adults. Around 6,000 children in Texas are hospitalized each year due to TBI. 1,300 of these result in long-term disability.

What To Do If You Suspect You or Someone Else Has Suffered a TBI

If you or someone you know experiences any of these symptoms after having a head injury, you should seek medical attention from a Level 1 Trauma Center right away.

With their lasting effects, early diagnosis and treatment of TBIs can also make a huge difference in the outcome and recovery process. A healthcare professional specializing in TBIs can determine the severity of the injury and offer some treatment and rehabilitation options.

This is the first of several crucial steps that should be taken immediately following a traumatic brain injury per the Texas Health & Human Services Commission.

It really could be the difference between life and death.

The Long-Term Implications of a Brain Injury

There are significant long-term consequences of moderate to severe traumatic brain injury. TBIs can cause changes in a person’s physical, cognitive, emotional, and behavioral health.

Despite initial hospitalization and rehabilitation, about 50% of people with TBI may experience additional decline or even die within five years of the injury, per the Centers for Disease Control and Prevention.

For those who survive moderate or severe TBI and receive inpatient rehabilitation, their life expectancy is nine years shorter. Along with that, this condition increases the risk of dying from seizures, drug poisoning, infections, and pneumonia.

Individuals with moderate to severe TBI will continue to face chronic health issues. After the five-year point, many of these patients remain moderately or severely disabled. Also, most do not have a job and must rely on others for daily activities. These people often reside in nursing homes or other institutions.

The costs associated with TBI are also substantial. Other CDC research suggests that the combined costs for severe TBI survivors, including direct and indirect medical costs, reached $76.5 billion in 2010.

Traumatic brain injuries can leave victims with a lifetime of pain, suffering, and expenses. However, they are not the only ones who will experience hardships. Often, family members will have to reduce their lives and work to care for their loved ones.

If you or a loved one have suffered from a traumatic brain injury caused by negligence, you may be able to recover compensation for your medical expenses and other losses. Be sure to connect with a Houston traumatic brain injury lawyer to discuss what options you may have for making a financial recovery. Consultations with our legal team are free.

Hiring an Attorney After You’ve Suffered a Traumatic Brain Injury

There are some things to bear in mind when hiring a traumatic brain injury attorney.

Experience, a successful track record, and expertise in TBI cases are critical. A lawyer experienced with traumatic brain injury cases will have an in-depth understanding of the medical, legal, and financial aspects of your case.

You should also have an idea about the cost structure of the case. The lawyers may charge hourly or work under a contingency-based program where they are only paid if they win the case.

Legal Implications of Brain Injuries

Automobile insurance policies typically provide the primary cost of medical coverage, especially where traumatic brain injury occurs due to motor vehicle accidents.

Still, recent auto insurance laws may include greater restrictions on paying for medical expenses.

It’s important to understand the risks of buying a “basic” policy, as having the minimum required insurance coverage could result in extensive out-of-pocket costs if you’re involved in an accident resulting in TBI.

Role of a Houston Traumatic Brain Injury Lawyer

Traumatic brain injury lawyers assist people who have suffered from TBIs with the complexities of the personal injury legal process.

However, dealing with insurance companies or defendants can be challenging in TBI cases. Traumatic brain injury attorneys are expert negotiators who fight for your rights and help you seek fair compensation to cover your losses and suffering.

Here are some of the key roles and responsibilities of a brain injury attorney:

• Legal Consultation. First, a TBI lawyer meets with the survivor and their family to discuss in detail how the injury occurred and what measures can be applied legally.
• Evaluation of Liability. The lawyer will look into the event that caused the TBI to ascertain whether it had resulted from another person’s carelessness, e.g., a car accident, slipping, medical misconduct, or work injury.
• Gathering Evidence. Next, attorneys gather evidence such as medical files, motor vehicle reports, witness statements, and expert testimony to support their client’s cause.
• Calculating Damages. This entails evaluating both the financial and non-monetary losses suffered by a survivor of TBI. Including bills for treatment, rehab expenses, compensation for lost income, as well as pain, discomfort, and compromised standard of living.
• Lawyers frequently seek to settle with an insurer or defendant to secure compensation for the survivor that’s fair enough. The injured party must be offered a reasonable amount of compensation, however, often requiring rigorous negotiations.
• If the two parties fail to come up with a reasonable compensation agreement for injuries, then the lawyer could file a lawsuit on behalf of the TBI survivor and act as their representative in the court process. Litigation involves preparing legal papers, producing evidence, and convincing a judge and jury in court.
• A personal injury lawyer acts on behalf of their client throughout the entire legal process, seeking justice for them and acting in their best interest.
• Expert Consultation. Attorneys can also involve specialists like medical professionals, vocational experts, etc., to support their case and show how TBI has affected the survivor’s life.
• Settlement or Verdict. In case of success, the attorney will make sure that the survivor is compensated either in cash through mediation or in the form of a verdict awarded in a trial.

Compensation in Texas TBI Cases

When pursuing compensation for traumatic brain injuries, various factors must be considered to determine the necessary level of financial support for the survivor’s recovery.

Compensation should, at a minimum, cover medical expenses, rehabilitation costs, long-term care expenses, and loss of income.

Additionally, it should take into account the pain and suffering experienced due to the traumatic brain injury. The primary aim is to provide the survivor with fair and essential financial resources to support their recovery and maintain their quality of life.

In Texas, pain and suffering is defined as any kind of physical, mental, or emotional pain or anguish, loss of companionship, loss of enjoyment of life, or physical impairment, as opposed to financial damages.

Preparing To Meet With an Attorney

It’s essential to consult with a personal injury attorney promptly following a brain injury to ensure the injured individual receives the legal representation they require.

Here are some steps to help you prepare for your meeting:

• Collect Documentation: Assemble all relevant medical records, including hospitalization records, surgery reports, and any imaging scans related to your TBI. Maintain records of medical bills, including expenses for treatment, therapy, medications, rehabilitation, and any required home renovations. Obtain copies of any accident reports, witness statements, or police reports if the TBI resulted from an accident.
• Organize Your Timeline: Prepare a chronological timeline of events leading up to the TBI, the incident itself, and your medical treatment afterward. Include details about the accident, such as date, time, location, and the parties involved.
• Document the Impact: Describe how the TBI has affected your life, encompassing physical, emotional, and cognitive symptoms. Consider keeping a journal of daily challenges, symptoms, and any limitations resulting from the TBI.
• Understand the Legal Process: Ask the lawyer to clarify the legal process for your case, estimate potential timelines, and what you can expect from them in terms of representation. Compile a list of any questions and concerns in advance.
• Discuss Fees: Seek clarity on the lawyer’s fee structure and whether they operate on a contingency basis (this means getting paid only if you win your case).
• Follow-Up: After the meeting, carefully consider your options and whether you feel comfortable working with the lawyer. If you decide to proceed, follow their guidance on the next steps.

Remember that choosing the right TBI lawyer is of utmost importance, as they will serve as your advocate in seeking compensation and justice for your injury.

Take your time to make an informed decision, and do not hesitate to seek a second opinion if necessary.

A competent TBI lawyer can assist the survivor and their family in navigating through these complicated legal procedures aimed at awarding the damages required for medical treatment, rehabilitation, and a comparable quality of life.

If you or a loved one has experienced a head injury or brain damage, you need a strong ally in your corner.

A Houston traumatic brain injury lawyer on our staff will offer the necessary advice, direction, and knowledge to help you navigate through the legal system, fight to get you a fair settlement, and move on with your life and recovery.

The attorneys at Barrera Law Group LLC are here to support you and your family. Contact us for a free consultation today.