Dallas Traumatic Brain Injury Lawyer

In Texas, the statute of limitations for filing a personal injury claim, including those for traumatic brain injuries, is generally two years from the date of the injury. This means you have a two-year window to take legal action against the responsible party and seek compensation for damages.

However, several factors can influence this deadline. For example, if your traumatic brain injury was discovered well after the accident that caused the initial injury, the statute of limitations might begin from the date of discovery rather than the date of the incident. Our Dallas traumatic brain injury attorneys can help you understand how much time you have to start the legal process.

The necessary medical and rehabilitative care following a traumatic brain injury can be extensive and lifelong. These injuries take their toll on the victim and the supporting family members. The costs and the experience of these are known as damages, and these damages are compensable. When a person sustains an injury resulting from the act of another, then the injured party has the right to seek a damage award from the person responsible for the accident.

There are two categories of damage that an injured party can seek: economic and non-economic. It is the intent of a damage award to put the injured party back in a comparable financial position as though the accident and injury did not occur.

Economic damages are the out-of-pocket costs and expenses resulting from the injury. This can include lost wages, property damage, reduced earning capacity, and healthcare costs. These expenses are proven with tangible written evidence like receipts, pay stubs, and estimates for property damage.

The non-economic damages cannot be proven with tangible evidence, but these damages are still real and have value. These damages are the emotional and psychological pain suffered by the injured party. The presence of this type of suffering is supported by personal journals and the testimony of expert witnesses. It generally takes the knowledge of a seasoned personal injury attorney to accurately assess and argue the value of non-economic damages.

There is another category of damages called punitive damages. However, punitive damages are rarely awarded in a personal injury claim unless an intentional act is proven. The intent of this damage award is to punish the responsible party as opposed to compensating the victim.

It is the total value of the economic and non-economic damages that comprise the value of a claim. Properly valuing a brain injury claim is incredibly important, as the lifetime costs associated with these injuries are significant.

Put another way, as an accident victim, you only get one chance at financial recovery. If you accept a settlement offer that is inadequate for your needs, you cannot come back later and ask for more. Your attorney must fully understand the extent of your injury, what your current and future medical needs will be, and accurately calculate what financial compensation you need to be made whole.

We understand that there is no amount of compensation that can fully place you in the position you were in prior to the accident. A lawsuit or settlement can, however, provide the funds needed to pay for medical treatment and help you and your family move forward.

A traumatic brain injury (TBI) is damage to the brain caused by a bump, blow, or jolt to the head or a penetrating head injury. TBIs can result in a variety of symptoms, including headaches, dizziness, confusion, memory loss, and difficulty concentrating. The severity of a TBI can range from mild to severe, and the long-term effects can vary widely.

Many brain injuries result from negligent actions or intentional misconduct. In these types of cases, “negligence” means the other person had no intention of causing injury to someone else and could apply in scenarios involving accidents. The term “intentional” means there was malice and intent to cause injury, like during an assault.

Intentional acts often come with criminal charges, but these charges are separate and apart from lawsuits brought on the civil side. Our Dallas traumatic brain injury lawyers can help you take civil legal action against a party that caused harm through negligence or intentional violence in the form of a personal injury lawsuit.

Some of the most common causes of traumatic brain injuries include:

Keep in mind that brain injuries can happen even in incidents involving seemingly low speeds and heights. A simple fall can trigger a traumatic brain injury if the victim’s head strikes a sharp corner or surface, for example.

Medical Evaluation: After an accident, even if you feel fine, it's essential to seek medical care. A doctor can assess your condition and monitor for potential symptoms.

Medical History and Physical Exam: Your doctor will likely ask about your symptoms, loss of consciousness, and any head injuries. They may also perform a neurological exam to assess:

• Reflexes
• Sensation
• Cranial nerves
• Mental status
• Coordination and balance
• Autonomic nervous system function

Imaging Tests: Imaging tests, such as CT scans and MRIs, can help visualize brain damage, bleeding, or swelling.

Traumatic Brain Injuries (TBIs) are categorized by their severity: mild, moderate, or severe. Here are the primary types of TBIs:

Primary Injuries

• Concussion: A mild TBI causing temporary brain function impairment.
• Diffuse Axonal Injury (DAI): A severe TBI damaging nerve fibers throughout the brain.
• Penetrating Head Injury: A TBI caused by an object piercing the skull and entering the brain.

Secondary Injuries

These develop after the initial injury and can worsen brain damage:

• Brain Swelling: Increased pressure within the skull damages brain tissue.
• Bleeding: Internal bleeding leads to blood clots and further brain damage.
• Infection: Infections can occur if the brain is exposed to bacteria or viruses.

Other Types of TBI

• Contusions: Bruises on the brain caused by a forceful impact.
• Diffuse Axonal Injuries (DAIs): Nerve cells shear or stretch, damaging nerve axons.
• Hematomas: Blood clots form from ruptured blood vessels, potentially pressuring the brain.
• Second Impact Syndrome: Can occur after repeated head or brain injuries.
• Hemorrhages: Bleeding in or around the brain tissue.

Common short-term symptoms of a traumatic brain injury include:

• Severe headache
• Loss of consciousness
• Nausea or vomiting
• Blurred vision
• Dizziness
• Seizures
• Sensitivity to light or sound
• Difficulty with balance and coordination
• Confusion
• Slurred speech

The location of the trauma to the head will determine the lasting – and often permanent – health impacts.

The delayed symptoms can include:

• Persistent headache
• Fatigue
• Difficulty concentrating
• Memory problems
• Mood changes
• Sensitivity to light or sound
• Changes in sleep patterns
• Changes in behavior or personality

Why TBIs Can Go Undetected

Many TBIs, particularly mild ones, may not have immediate or obvious symptoms. This can lead to delayed diagnosis and treatment. Symptoms can develop gradually, making it difficult to recognize the connection to a head injury.

The Importance of Early Diagnosis and Treatment

If you suspect you or someone you know has suffered a TBI, it is crucial to seek medical attention promptly. Early diagnosis and treatment can help minimize long-term consequences.