Over 3.5 million people experience a brain injury every year, and 5.3 million live with disabilities from their injuries. Traumatic brain injuries are some of the most devastating injuries accidents can cause. These injuries often have unanticipated consequences for those who experience them including speech difficulties, motor function problems, and loss of cognitive performance. Many who experience a brain injury can never go back to their lives before an accident.
The Fort Worth brain injury attorneys at The Law Firm of Aaron A. Herbert see the devastating nature of brain injuries in clients every year. We stand by family members at every step of the journey, providing compassionate guidance and serving as relentless legal advocates. Texas has some of the best brain injury facilities in the country including the Baylor Institute for Rehabilitation in Dallas.
We can help you find the care your loved one needs. While you focus on the recovery process, we will use all our resources to hold the responsible party legally accountable. Those who suffer from preventable traumatic brain injuries deserve the care and support necessary for a maximum possible recovery.
The Nature of Brain Injuries
Brain injuries can arise from repetitive low-impact blows to the head that commonly arise in athletes and fighters. They can also arise from a single and significant blunt force trauma or a penetration injury. Non-traumatic brain injuries often involve chemical overdoses or a prolonged lack of oxygen to the brain. The location, type of force, and amount of tissue damaged during the incident will determine how brain injury symptoms manifest in the future.
As part of the central nervous system, the brain is responsible for every activity in the body. Brain death is death. This complex and powerful organ controls an individual’s personality, coordination, language, mood, thoughts, motor function, sensation, and more. Two people can endure the same type of brain injury or trauma and experience two very different sets of symptoms.
The complexity of brain injuries calls for specialized legal support. An attorney who understands the nature of brain injuries can paint a vivid picture for insurance representatives and juries. Our Fort Worth brain injury lawyers at The Law Firm of Aaron A. Herbert have the resources and the skillset to convey the details of your story and protect your right to compensation after a preventable accident.
Causes of Brain Injuries
Our firm handles brain injury cases that arise from a number of different types of accidents in the Fort Worth area. Some of the most common incidents that result in brain injuries include:
- Vehicle accidents
- Abuse and assault
- Construction accidents
- Slip and fall accidents
- Workplace accidents
Under the right circumstances, any accident can give rise to a serious brain injury.
Medical Attention and Accidents
In some cases, accident victims walk away from an incident feeling okay. They may go about their daily lives as the brain injury imperceptibly worsens. In the days and weeks that follow an incident, abnormal symptoms can start to appear as subtle changes in mood, personality, or behaviors. Without treatment, someone who felt okay at the time of an accident could die from a progressive brain injury.
Accident victims who experience a blow to the head should seek medical attention as soon as possible. You may not feel an injury now, but that does not mean one doesn’t exist. A physician can help you watch for brain injury symptoms and conduct tests to catch potentially serious problems before they become life threatening.
Proving a Brain Injury Case in Texas
Proving a personal injury case in Texas requires satisfying a series of elements to hold another party liable for your injuries.
First, your attorney will need to prove that the at-fault party owed you a duty of care. For example, if you suffered a brain injury in a car accident, your attorney would need to prove that another driver owed you a duty to follow applicable traffic laws and drive safely. If you suffered a slip and fall in a commercial building, your attorney would need to prove that the owner had a duty to maintain a safe premises.
Next, your attorney will need to prove that the at-fault party breached that duty of care. For example, the court would require proof that a driver broke a traffic law or drove under unsafe circumstances. For slip and fall cases, the plaintiff would need to prove that the owner of a building knew about unsafe circumstances beforehand and failed to act on it.
Finally, your attorney will need to prove that the breach of duty of care led to your injuries. For example, if the driver drove through a red light and hit your car, causing your brain injuries, this would serve as proof of this element. In addition, if the unsafe premises in the commercial building led to you hit your head and suffer a brain injury, this will also serve as proof of this element.
Potential Damages in Texas Brain Injury Cases
If you suffer from a traumatic brain injury in Texas, you can collect damages to help recover from your losses. Due to the severity of these injuries, you could face thousands of dollars in medical bills, weeks or months of lost wages, or even an inability to work altogether. This compensation can help you make a significant recovery following your injuries.
- You can claim compensation for past and future medical expenses. Traumatic brain injuries can require significant and lifelong care. These expenses can include surgeries, routine check-ups, medication, hospitalization costs, and physical therapy.
- Brain injuries often limit your ability to work. You can recover compensation for lost wages and lost time at work, including permanent disability and inability to work.
- If you incurred property damage as the result of your accident, you can recover finances to repair these damages.
- You can also recover non-economic damages in brain injury lawsuits. These losses include pain and suffering, emotional trauma, and loss of quality of life.
The Long-Term Effects of Traumatic Brain Injury
Traumatic brain injuries can lead to severe, permanent injury and death. Often, it can be difficult to spot the symptoms of traumatic brain injuries because it can take days or weeks to show any symptoms. You should visit a doctor as soon as possible if you notice any of the following symptoms of a brain injury.
- Nausea and vomiting
- Dizziness and confusion
- Numbness in body parts
- Loss of consciousness
- Mood swings, depression, and irritability
In addition, traumatic brain injuries can lead to long-term consequences that you will have to live with for the rest of your life. Brain injury lawsuits can help you adjust to these changes and seek medical care when you need it.
- Muscle stiffness
- Uncontrolled movements
- Issues with walking, talking, and swallowing
- Vision problems
- Loss of fine motor skills
- Difficulty lifting or moving objects
- Difficulty with relationships
- Memory and learning difficulties
- Difficulty taking part in hobbies or recreational activities
- An inability to keep a job or attend school
- Sleep disorders
Why You Need an Attorney for Your Brain Injury Case
Proving a brain injury can be difficult without an attorney on your side. Many people are hesitant to hire an attorney due to fears over cost; however, The Law Firm of Aaron A. Herbert, P.C. offers services on a contingency fee basis. You do not have to pay legal fees unless we recover a settlement on your behalf. In addition, you receive all the benefits that an attorney can provide for your case: access to a network of expert witnesses, full-scale investigation resources, strong knowledge of Texas personal injury law, and a significant background fighting for damages in brain injury cases for several years.
Brain Injury Lawyers in Fort Worth
After a brain injury, you and your family may face a new reality. Some brain injury victims will require outside support their entire lives. Others may spend months or years in various therapy centers and rehabilitation programs. We can’t turn back the clock, but we can ensure that brain injury victims receive qualified medical care and the legal support they need to move forward. Our team will not settle your claim for less than you deserve. To learn more about our brain injury legal services in Fort Worth, schedule a consultation today at (214) 200-4878.