A traumatic brain injury (TBI) is a relatively common injury but its impact can be devastating. Most people recover fully from mild TBIs, although the injury can be temporarily debilitating. More severe TBIs are labeled as catastrophic injuries.
TBIs most often result from accidents, and every person, company, or local government whose conduct contributed to the incident is potentially liable. Speak with a League City traumatic brain injury lawyer as soon as possible after the accident to preserve your rights and begin building a strong case for compensation.
According to the National Institute of Neurological Disorders and Stroke, slips and falls cause most TBIs, followed by vehicle accidents: collisions involving motorcycles, bicycles, and pedestrians. Sports incidents, violence, explosions, and combat injuries are the other common causes.
These incidents are almost always preventable when everyone uses reasonable care. When another party’s negligence causes an accident that leads to a TBI, a League City attorney can hold the negligent party financially accountable for an injured person’s losses.
A legal professional will investigate the accident to identify everyone whose conduct contributed to the accident. They will initiate negotiations with the responsible parties’ insurance companies to obtain appropriate compensation. If a responsible party or insurer does not negotiate in good faith, the attorney can file a lawsuit and take the case to trial, if necessary.
Traumatic brain injury is a catch-all term describing injuries that occur when the brain forcefully collides with the skull or is penetrated by a foreign object. A person can fully recover from a mild TBI, but a moderate or severe TBI can be life-altering.
A concussion is a mild TBI. Most people recover from a concussion without lingering symptoms, but the effects of concussion are cumulative. Someone who suffers multiple concussions is likely to recover from each successive injury more slowly and some symptoms may be permanent. A person with a history of mild TBI is more likely to suffer a moderate or severe TBI if they sustain a further injury.
A moderate or severe TBI is a permanent and often life-altering injury. Depending on the area of the brain affected, an injured person might have trouble with speech, cognitive function, mobility, motor control, and mood regulation. People with severe TBI may fall into a coma or even a persistent vegetative state, and moderate or severe TBI shortens the lifespan significantly.
When a League City attorney can prove that another party’s conduct contributed to a TBI, that party is liable for damages. An injured person’s damages should cover all the financial and subjective losses they suffer due to the injury.
An injured person is entitled to their verifiable financial losses. These include medical treatment, rehabilitation, lost wages, diminished future earning capacity, and the cost of household help and continuing care. Mental health treatment to cope with the injury is included in economic damages.
Non-economic damages financially acknowledge the suffering the injury causes. Someone with a TBI could claim non-economic damages for their physical pain, lost capacity to participate in activities they enjoy, mental anguish, loss of companionship, and the injury’s other impacts on their quality of life.
Texas Civil Practice and Remedies Code § 41.003 allows an injured person to claim exemplary or punitive damages when they can prove that their injury resulted from another party’s fraud, malice, or gross negligence. These damages are rarely awarded in injury cases but may be available in some cases, such as drunk driving accidents or TBIs that result from intentional corporate misconduct.
Whether a TBI is mild or more severe, it is a significant injury that is almost always preventable. When you suffered a TBI due to someone else’s negligence, they owe you compensation for the harm they caused.
Talk to a League City traumatic brain injury lawyer about the circumstances that caused your injury. Our experienced personal injury lawyers will pursue the responsible parties and ensure you receive appropriate compensation. Reach out today.
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