Severe Brain Injury
In the United States, the leading cause of death and disability among very young children and young adults is traumatic brain injury (TBI). Whether it was the result of a truck accident, workplace incident, or medical malpractice, trauma to the head that leads to brain injury can be devastating for both the victim and the victim's family.
In addition to pain and discomfort, many victims of TBIs face life-long challenges that severely impact their ability to work, engage in daily activities, and maintain relationships. If you or a loved one has suffered a brain injury due to someone else's negligence, you shouldn't have to bear the financial burdens alone.
Contact Personal Injury Lawyer Near You
888-987-0005
At Miller Weisbrod Olesky, our team of experienced traumatic brain injury lawyers understands that no amount of money can make up for the tragedy of a brain injury. We are committed to helping you recover the compensation you need to cover the cost of medical and rehabilitative treatment, replace lost wages from being unable to work, and ensure you have access to the resources necessary for future care.
No matter how your injury came about, our attorneys have extensive experience representing TBI victims nationwide and are prepared to fight aggressively to secure the best possible outcome in your case. Schedule your free consultation with one of our Texas brain injury lawyers today.
When a hospital administered the incorrect medication, following a thyroidectomy, placing our client in a vegetative state from a traumatic brain injury. Miller Weisbrod Olesky fought to get our client $7,850,000 from the hospital's negligence.
What is a Traumatic Brain Injury (TBI)?
The Centers for Disease Control and Prevention (CDC) defines a traumatic brain injury as an injury caused by a bump, blow, or jolt to the head that affects how the brain works. An injury to the head can affect brain cells or lead to bruising, torn tissue, or bleeding in the brain.
An accident-related injury to the brain can be defined as either closed (non-penetrating) or open (penetrating). An open or penetrating TBI happens when an object pierces the skull and enters the brain tissue. These injuries typically damage only one part of the brain and can occur in severe accidents such as those involving high-speed crashes, where sharp objects or debris penetrate the skull.
A closed or non-penetrating brain injury is caused by an external force strong enough to rapidly shake the brain forward or backward within the skull. These injuries are usually caused by falls, motor vehicle crashes, sports injuries, or being struck by an object.
When a drunk driver lost control of his sports car causing it to roll multiple times, our client who was the passenger, suffered severe personal injuries including blunt force trauma injuries, fractures and a traumatic brain injury. The Car Accident Lawyers of Miller Weisbrod Olesky were able to recover the total available insurance limits of $5,500,000 for our client.
How is Brain Injury Severity Measured?
Traumatic brain injuries can be classified into varying levels of severity, ranging from mild to moderate. It is important to understand that even though a head injury can be described as "mild" or "moderate," it doesn't always reflect the full extent of the potential life-long challenges a victim may face. The three classifications of a head injury include:
Mild Traumatic Brain Injury
These are the most common types of TBIs that typically occur due to a sudden blow or jolt or hit to the body that causes the head to move back and forth quickly. This kind of injury often results in the brain bouncing or twisting within the skull, leading to altered brain chemicals or damage to brain cells.
A mild TBI or concussion can cause the victim of a head injury to lose consciousness for a brief period (from 0 to a maximum of 30 minutes) and experience the following symptoms:
- Headaches
- Nausea
- Memory loss
- Dizziness
- Fatigue
- Mood changes
- Vision problems
- Slurred speech
- Cognitive dysfunction
- Attention problems
- Ringing in the ears (Tinnitus)
A concussion resulting in a change to the victim's mental status can impact how they think, learn, feel, act, and sleep. Following mild traumatic brain injury, standard medical exams and imaging tests, such as MRIs and CAT scans, may not always reveal any visible damage, even when significant functional impairments exist.
However, these tests may be utilized to rule out more severe injuries, such as bleeding or skull fractures. If you're experiencing any of the above symptoms after a head injury, you should seek immediate medical attention from a doctor who can determine if you're coping with a mild TBI or concussion.
In order to discover the true extent of the long-term symptoms from a mild traumatic brain injury it is important that the victim undergo specialized testing such as a neuropsychological test to determine the level of cognitive dysfunction caused by the injury.
Moderate Traumatic Brain Injury
Each year in the United States, moderate to severe traumatic brain injuries are associated with thousands of fatalities. Similar to a mild TBI or concussion, a moderate traumatic brain injury can result from a bump, blow, or jolt to the head. Additionally, the effects of a moderate TBI bear many similarities to those of a mild TBI; however, the intensity of symptoms tends to be more pronounced.
A brain injury is considered moderate when the victim:
- Loses consciousness for several minutes to hours (30 minutes to 24 hours).
- Experiences confusion and/or disorientation that lasts for several days or weeks.
- Exhibit the same symptoms as those associated with a mild TBI (i.e., persistent nausea, irritation, numbness in the arms or legs, and loss of vision in one or both eyes).
The symptoms a victim of a moderate traumatic brain injury may experience will typically last longer and are less likely to improve over time. Behavior or cognitive impairments that last for several months can lead to serious difficulties with education, employment, and personal relationships. Individuals coping with moderate TBIs often require ongoing medical care, including regular checkups with a healthcare professional, and access to rehabilitation services that can help them regain lost skills.
Higher-level imaging like specialized MRI or DTI (Diffuse Tension Imaging) can be helpful in determining the level of injury or specific areas of the brain that have been damaged. Once again, neuropsychological testing is the most important tool in evaluating cognitive limitations following this type of brain injury.
Severe Traumatic Brain Injury
This is the most serious form of injury that typically results in alterations to brain, sensory, and motor function. A severe brain injury may cause an individual to experience a loss of consciousness for more than 5 hours and result in permanent neuro-biological damage.
Additionally, a victim of a severe TBI is more likely to experience profound, lasting changes to the following:
- Attention
- Coordination
- Balance
- Memory
- Hearing, vision, and speech
- Executive level (higher level) Decision making
- Emotional changes
- Inhibition changes
Severe TBIs also increase the risk of victims developing additional chronic brain conditions, such as Alzheimer's, early on-set Dementia or Parkinson's disease. Assessments such as MRIs, DTI’s and/or CAT scans will typically reveal the extent of the injury and the area of damage.
If an individual with a severe TBI regains consciousness, they are often unable to work, live independently, and usually require in-home care for the rest of their lives. This level of care places an emotional strain on the family members responsible for providing care after the injury. It can also lead to significant financial burdens due to the need for specialized services.
What are Primary and Secondary Brain Injuries?
A primary brain injury refers to a sudden and severe injury to the brain that typically takes place at the moment of initial trauma. This occurs during incidents such as car accidents, falls, or gunshot wounds. Depending on the nature of the trauma, primary injuries can be caused by either a penetrating or non-penetrating injury.
Direct trauma to the head can result in:
- Skull Fractures: This type of injury occurs when one or more of the bones that form the skull break or crack due to blunt force trauma. A skull fracture can cause damage to the underlying membranes, blood vessels, and brain tissue.
- Contusions: A bruising or swelling of the brain that occurs when small blood vessels burst and bleed into brain tissue. Contusions typically happen when the head abruptly decelerates, causing the brain to move back and forth within the skull. This is often seen in high-speed car accidents or child abuse cases (shaken baby syndrome). Contusions can sometimes lead to hematomas (blood clots directly under the impact site or on the opposite side of the brain).
- Concussions: A type of mild TBI that may be caused by a blow to the head, a sports injury, or a motor vehicle accident. Concussions can happen when the brain is violently shaken within the skull, causing permanent nerve damage or even death in some instances.
- Diffuse Axonal Injury (DAI): One of the most common and serious types of brain injuries that are typically seen in car accidents, falls, sports injuries, or child abuse cases (i.e., shaken baby syndrome). Diffuse axonal injury can disrupt communication among nerve cells in the brain and lead to the release of brain chemicals that can cause further damage. Nearly 90% of those with a severe DAI injury never regain consciousness and those who do often live with significant, long-term disabilities.
A secondary brain injury refers to changes in the brain that evolve over a period of hours to days and result from processes initiated by the primary brain injury. These injuries do not always cause physical pain but can be fatal if left untreated.
Some examples of secondary damage include:
- Ischemia: A condition that occurs when there is insufficient blood flow to the brain. Severe damage can occur if brain cells are deprived of oxygen and vital nutrients for more than a few minutes. This can happen after a traumatic brain injury, where blood vessels are torn or compressed, reducing oxygen delivery.
- Cerebral Edema: The most basic definition of cerebral edema is brain swelling that occurs due to excess accumulations of fluid (edema), either within brain cells or in the spaces between cells. Increased intracranial pressure caused by brain swelling can damage brain tissue and deprive it of the blood flow and oxygen it needs to function. This condition can result from concussions, skull fractures, or penetrating injuries.
- Epilepsy: Following trauma to the head, the delicate balance of neurotransmitters and electrical activity in the brain may be disrupted. This disruption can lead to abnormal electrical activity in the brain and eventually trigger seizures. Commonly referred to as post-traumatic epilepsy (PTE), this condition can occur days, months, or even years after the initial brain injury. The risk of PTE increases in cases where the brain sustains injuries due to sudden, forceful movement, such as in car accidents or falls.
- Meningitis: If bacteria or other pathogens enter the protective membranes covering the brain and spinal cord (meninges), it can lead to severe inflammation. This inflammation can increase intracranial pressure, disrupt blood flow to the brain, and impair normal brain function. Meningitis may develop following a penetrating head injury or skull fracture. This is common in cases of traumatic brain injury where there is an open head wound, such as from a gunshot or an accident involving heavy machinery.
Mitigating the effects of primary and secondary brain injuries requires effective strategies that involve immediate medical intervention, as well as long-term care and rehabilitation. Multidisciplinary care teams, including neurosurgeons, mental health professionals, and physical and occupational therapists, can play a pivotal role in enhancing recovery outcomes for those affected by traumatic brain injuries.
Traumatic Brain Injury Statistics
The human brain is the most important organ in the body, controlling everything from our breathing and motor skills to our vision and thoughts. Encased within the skull and floating in cerebrospinal fluid, the brain is shielded to some degree but remains highly vulnerable to trauma often associated with physical injury.
A healthy brain is vital to an individual's quality of life. If its extensive network of arteries, veins, and capillaries is compromised through trauma, it can lead to life-altering consequences. The following are some key statistics that highlight the prevalence and profound impact of TBIs:
- More than 144,000 Texas sustain a traumatic brain injury every year.
- Approximately 2% of the state's population lives with a TBI-related disability.
- In 2020, there were about 214,000 TBI-related hospitalizations.
- The CDC reports that an estimated 53,000 individuals die because of a TBI-related injury annually.
- Adults aged 75 years and older account for about 32% of TBI-related hospitalizations and 28% of TBI-related deaths.
- Motor vehicle crashes, including cars, trucks, motorcycles, bicycles, and pedestrians hit by vehicles, account for 50% of all traumatic brain injuries.
- Among all age groups, falls are the second leading cause of traumatic brain injury-related deaths.
- An estimated 475,000 children (0-14 years) sustain a TBI in the U.S. every year, 2685 of which die because of their injuries.
Navigating the challenges of sustaining a traumatic brain injury can feel overwhelming. With a trusted personal injury attorney on your side, you can focus on your recovery while your attorney helps secure the compensation you need to cope with the immediate and long-term effects of your injury.
Common Causes of Head and Traumatic Brain Injuries
The skull's function is to protect the brain. However, the force from a direct blow or contact to the head, like when someone is slammed against an object during a workplace accident, can lead to bruising of brain matter and even internal bleeding.
Additionally, there are situations where a traumatic brain injury can occur without external head contact. For instance, when forces cause the brain to ricochet back and forth and around the skull, such as during a rollover accident, it can lead to bruising, swelling, or tearing of brain tissue.
There are a variety of ways a TBI can be sustained. Some of the most common situations that result in these injuries include:
Car Accidents
Due to the sheer size and weight of commercial trucks, truck accidents are particularly dangerous. When a collision involving a truck occurs, the force of the impact can cause a victim’s head to strike the dashboard, window, or other hard surfaces in the vehicle. This sudden jolt or movement of the head can cause the brain to collide against the skull, leading to a traumatic brain injury.
In rear-end accidents involving commercial trucks or tractor-trailers, the mere serious whiplash of the head back and forth can cause a life-altering brain injury physicians refer to as a "contrecoup". A contrecoup traumatic brain injury can injure blood vessels and cause a slow bleed, which can create pressure that contributes to brain damage and even death.
Even when cars are traveling at relatively low speeds, the impact of a car accident can cause traumatic brain injury. In fact, every year, approximately 280,000 people sustain a motor vehicle-induced traumatic brain injury. The most widely reported brain injuries from car wrecks result from rollover accidents and occupant ejection.
Unlike car accidents, where the vehicle absorbs much of the impact, motorcycle and bicycle accidents often expose riders to direct, unprotected contact with other cars, objects, or the grounds. If a rider is thrown from their bike in a motorcycle accident and their body comes to an abrupt stop upon hitting the ground, but their brain continues to move, this sudden deceleration can cause the brain to collide with the inside of the skull. When the body accelerates or decelerates rapidly in an accident, it can result in contusions, diffuse axonal injury (DAI), hemorrhaging, and concussions.
Construction Accidents
A construction worker can sustain a TBI by losing balance and falling from a great height or getting struck by objects. In fact, nearly 1 in 5 workplace deaths occurred in the construction industry in 2022 due to falls, slips, and trips. Negligence in construction can take many forms, from improper maintenance of scaffolding to lack of proper safety barriers and fall protection systems.
Workers who are not properly trained or provided with adequate personal protective equipment (PPE) are more likely to suffer from serious injuries, including TBIs. Trench collapses are also a major hazard in the construction industry. If an employer fails to shore or adequately reinforce trenches properly, they can unexpectedly cave in, trapping workers under heavy soil or debris. According to the Occupational Safety and Health Administration (OSHA), the fatality rate for workers in excavation and trenching is 112% higher than that for general construction workers.
Oil Rig Accidents
Given the physically demanding and often hazardous nature of oil rig work, traumatic brain injuries are a serious and all-too-common occurrence in this field. Offshore brain injuries can result from falls, debris like metal fragments flying across the rig, a blowout that occurs during drilling, or workers being struck by heavy equipment.
Adding to the inherently dangerous nature of the job, negligence, including lack of proper training, inadequate safety measures, and poorly maintained machinery, significantly increases the risk of TBIs and other head traumas. Head injuries that result from oil rig accidents can range in severity from mild concussions to severe brain damage, and in the worst cases, they can be fatal.
Oil drilling is considered to be one of the most dangerous jobs in the nation, with a fatality rate of 46 per 100,00 workers. Additionally, falls remain one of the leading causes of death in the oil and gas extraction industry.
Medical Malpractice
No matter what the circumstances are, brain injuries caused by medical negligence can be heartbreaking. These injuries often result from surgical errors or trauma during labor and delivery caused by the improper use of a vacuum extractor, forceps, or cranial compression.
Brain injuries resulting from medical errors are classified as acquired brain injuries, meaning they are not hereditary, congenital, or degenerative but instead caused by some complication or trauma during childbirth. Anoxia and hypoxic injuries are the two major kinds of acquired brain injuries. Anoxia is a type of injury that occurs when the brain is deprived of oxygen entirely, which results in the impairment of or death of brain cells after approximately four minutes.
Hypoxic injuries, also referred to as Ischemic Insult or Stagnant Hypoxia, occur when the brain receives too little oxygen due to reduced blood flow. When oxygen deprivation (hypoxia) delivery and/or diminished blood flow (ischemia) occur during delivery, it can lead to conditions such as hypoxic-ischemic encephalopathy (HIE) and cerebral palsy (CP).
Every year in the U.S., between 8,000 and 10,000 babies are diagnosed with CP. Additionally, neonatal HIE is estimated to occur in 1.5 to 2.5 per 1000 live births. These conditions often arise when a baby in utero (in the uterus) is in fetal distress from lack of blood oxygen caused by umbilical cord compression or abnormal fetal presentation. In such cases, prompt delivery, often through emergency C-section, is the only way to prevent severe brain damage.
Sports Injuries
In sports like football, hockey, and other full-contact activities where players often collide with each other, head injuries are incredibly common. Being struck by an object, including another person's body or some type of sports equipment, such as helmets, shoulder pads, or cleats, is responsible for 45% of TBI-related ER visits.
Even when players don't experience a single major blow to the head, repeated minor impacts can lead to conditions like Chronic Traumatic Encephalopathy (CTE). While symptoms of CTE may not be noticeable right away, early signs may include mood swings, irritability, and anxiety.
Sports injuries, car accidents, construction site hazards, and medical malpractice are just a few of the common causes of TBIs. These injuries can also result from physical assaults and acts of violence, boating accidents, and even the use of dangerous or defective products.
In each scenario, the impact of a TBI on the victim's life can be profound, often leading to a range of physical, emotional, and financial challenges. With the complexities of these cases and the potential for insurance companies to undervalue claims, it is crucial to consult with a skilled personal injury attorney who can investigate the accident, gather evidence, and work diligently to build a strong case on your behalf.
What Are the Symptoms of Traumatic Brain Injury?
Recognizing that someone has sustained a brain injury can be challenging. Even in minor car accidents, paramedics and doctors dedicate considerable time to monitoring and assessing a victim's head, vision, and cognitive function.
Symptoms of brain trauma can manifest in various ways depending on the site and extent of the injury. While some are overt and obviously disabling, others are less obvious but still significantly debilitating.
Unlike other injuries, the full extent of a TBI might not be fully understood after an accident or even during an initial medical evaluation. Therefore, it is crucial to watch out for the following traumatic brain injury symptoms after an impact or injury to the head.
Physical Symptoms
- Headaches
- Nose bleeds
- Dizziness
- Seizures
- Balance changes
- Lack of smell or changes in smell
- Difficulty breathing
- Nausea or vomiting
- Poor coordination
- Hearing or vision loss
- Feeling drowsy or fatigued
- Pain around or above the neck
- Cuts or deep bruising to the face, neck, or head
Cognitive Symptoms
- Poor judgment
- Loss of memory (amnesia)
- Inability to form new memories
- Confusion or mental disorientation
- Problems with speech or language
- Trouble recognizing familiar objects
- Difficulty focusing or maintaining concentrating
Behavioral and Emotional Symptoms
- Reduced patience
- Persistent repetition of words or actions
- Difficulty controlling actions or emotions
- Patterns of repetitive behavior or speech
- Having inappropriate emotional responses (laughing or crying at the wrong time)
- Changes in personality (heightened irritability, agitation, or increased aggression)
- Mood fluctuations (ranging from anger and anxiety to apathy or feelings of loneliness)
Sensory and Motor Symptoms
- Sensitivity to light or sound
- Blurred visions or blind spots
- Numbness or tingling in arms or legs
- Hearing issues (ringing in ears, high-pitched noises)
While adults may be able to communicate their discomfort or cognitive challenges, children often struggle to articulate their feelings or symptoms following a head injury. Following a bump or blow to the head, parents and caregivers should be attentive to any changes in their child's behavior. Some key signs parents and caregivers should look for include changes in eating/nursing habits, sleep patterns, loss of balance, inability to be consoled, or lack of interest in a favorite toy/activity.
If you notice any of these symptoms in yourself or your child following a head injury, it is crucial to visit the emergency room immediately. Although there is no definitive cure for traumatic brain injury, medical treatments can help manage symptoms and facilitate recovery.
What Are Treatments for a Traumatic Brain Injury?
Treatment for TBIs will depend on the severity of the injury and symptoms. Mild traumatic brain injuries often require minimal intervention, typically involving rest and over-the-counter pain relievers to alleviate headaches. However, an individual who sustains a mild TBI should be closely monitored at home for any persistent or worsening symptoms.
Individuals who sustain moderate to severe traumatic brain injuries often require emergency care. Emergency treatment for these injuries focuses on preventing further damage to the head and neck, ensuring that the injured person receives adequate oxygen and blood supply, and maintains stable blood pressure. When someone suffers a moderate or severe TBI, they may also require additional treatments in the emergency room or intensive care unit for any further injuries they've sustained.
Some examples of additional traumatic brain injury treatments may include:
Medications
After a TBI-related injury, medications may be prescribed to limit secondary damage. An anti-seizure drug may be given to people who've had a moderate to severe traumatic brain injury and are at risk of suffering a seizure. During the first week after an injury, an anti-seizure drug may also be given to prevent any secondary brain damage that a seizure might cause.
Coma-Inducing Medications
Doctors may prescribe a coma-inducing medication like Propofol to put an individual who suffered a TBI in a temporary coma. This approach is beneficial because a comatose brain requires less oxygen to function effectively. By inducing a coma, medical professionals can help alleviate the brain's metabolic demands and support its stabilization.
Diuretics
These medications decrease the amount of fluid in tissues and increase urine production. When administered intravenously to individuals with traumatic brain injuries, diuretics can assist in lowering pressure inside the brain.
Surgery
Depending on the severity of the injury, emergency surgery may be needed to minimize additional damage to brain tissues. For example, a decompressive craniectomy may need to be performed to relieve pressure inside the skull by creating a window in the skull that provides more room for swollen brain tissues. Surgery may also be needed to remove blood clots (hematomas) that put pressure on the brain, repair skull fractures, or stop the bleeding from head injuries.
Therapy
Most people with a significant brain injury will require rehabilitation to improve their abilities to perform daily tasks and relearn basic skills, such as walking or talking. Therapy often starts in a hospital and continues in an inpatient rehabilitation unit or residential treatment facility.
Rehabilitation programs differ for each person, depending on the severity of the injury and the regions of the brain that were impacted. For example, a physiatrist- a doctor trained in physical medicine and rehabilitation- will often oversee the entire therapy process. Physical and occupational therapists can play a crucial role in helping individuals affected by TBIs release essential skills and enhance their mobility.
A speech and language therapist works with victims of TBI to improve their communication skills and learn to use assistive communication devices if needed. In conjunction with these therapies, counseling psychology can help someone living with a TBI address personal issues related to family, work, and social life.
Anyone who sustains a blow or any other injury to the head should be evaluated by a medical professional. Failure to seek immediate medical attention can lead to severe complications, including the potential for worsening symptoms or undetected injuries.
Additionally, it is crucial to report the injury as soon as possible. If the injury occurred in a car accident or as a result of an assault, it should be reported to the police. For injuries in the workplace, notify your supervisor.
Prompt reporting helps create documentation that can support any future claims for compensation. In cases where a blow to the head results in delayed injury, having medical documentation from the time of the incident can be essential to establish that the accident was the source of the brain trauma.
Proving Liability in a Traumatic Brain Injury Case
When a TBI is caused by an accident or the actions of another person or entity, those responsible for any resulting harm can be held legally accountable. Due to the many different ways in which a person can develop a traumatic brain injury, numerous potential defendants may be found responsible in a traumatic brain injury case.
For instance, in a car accident, liability may rest with another driver for reckless behavior or a vehicle manufacturer if a defect in the car's design contributed to the crash. In a workplace accident, an employer could be found responsible for an employee's injuries resulting from unsafe working conditions or insufficient training.
To hold another party (defendant) accountable for damages in a traumatic brain injury case, the injured party (plaintiff) must demonstrate the following elements of negligence:
- The defendant owed a Duty of Care to the plaintiff: For instance, healthcare professionals are required to adhere to the standard of care expected of a reasonably competent professional with comparable training and experience.
- This Duty was Breached: A car manufacturer breaches their duty of care to consumers by knowingly selling vehicles with faulty airbags and failing to issue a recall or provide adequate warning.
- The breach of duty was a direct and proximate cause of the injury: For example, if an employer neglects to provide proper safety equipment on a construction site, and as a result, a worker is struck by falling debris, the injury would not have occurred had it not been for the employer's failure to provide a safe working environment. Thus, the lack of safety equipment is a direct cause of the worker's TBI.
- The injuries and damages can be proven in court: To succeed in your traumatic birth injury case, you will need to prove that you've been injured. When a brain injury leads to paralysis or profound cognitive defects, confirming the fact of injury shouldn't be a problem. However, substantial testing, evaluation, and examination will likely be required to prove the precise nature and extent of those injuries.
The way these points are presented will differ according to the unique circumstances of your case. In each situation, your TBI lawyer will gather evidence such as medical bills, accident scene photos, employment records, MRI testing, CT scans, and eyewitness testimony.
Additionally, because brain injury claims involve complex medical, psychological, and emotional issues, your personal injury attorney may enlist the help of expert witnesses. As soon as your injury attorney builds a compelling case that meets the criteria for negligence, the other party may be found legally responsible for the financial costs and losses resulting from the injury.
What Damages Can Be Recovered After a Traumatic Brain Injury?
When the careless acts of another person and/or entity cause you to suffer a TBI, you have the right to seek damages for all your losses. These damages typically fall into two categories: economic and non-economic damages.
Economic Damages
Economic or special damages refer to the tangible financial losses incurred due to the injury.
- Medical bills
- Lost salary or wages
- Property damage
- Lost earning capacity
- Home modification costs
- In-home care expenses
- Ongoing care and treatment
- Rehabilitation and therapy costs
- Medication and prescription expenses
- Expenses for TBI assistive devices such as wheelchairs and communication aids
- Costs for transportation to and from medical appointments and therapy sessions
Non-Economic Damages
Non-economic or general damages are intended to compensate the injured party for the intangible losses and suffering they've experienced due to the accident.
- Physical impairment and disability
- Emotional distress
- Reduced quality of life
- Loss of companionship and consortium
- Physical pain and suffering
A severe brain injury can drastically affect multiple aspects of a person's life, including their emotional well-being, relationships, and overall ability to enjoy life. As a result, non-economic damages in a traumatic brain injury case can be substantial.
In addition to economic and non-economic damages, punitive damages may be awarded in cases where the defendant's actions were particularly reckless or egregious. Unlike compensatory damages, punitive or exemplary damages are intended to punish the defendant and serve as a deterrent to prevent others from engaging in similar behavior in the future.
The types of damages and the amount you may recover will depend on the unique circumstances of your case. Factors such as the severity of the injury, the long-term effects on your life, and the degree of negligence involved all play a role in determining what compensation you may be entitled to receive. Our knowledgeable personal injury lawyers can accurately assess the value of your case and fight for the compensation you need to rebuild your life and move forward.
Statute of Limitations for Traumatic Brain Injury Lawsuit
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file your case. The deadline shifts to two years from the date of the victim's death if you are filing a wrongful death action. Failure to file a lawsuit by its statutory deadline could result in losing your ability to file altogether. A knowledgeable personal injury attorney can explain the specific deadlines that apply to your case and ensure you don't lose your opportunity to recover the compensation you need.
Schedule a Free Case Evaluation with a Traumatic Brain Injury Lawyer Today
When a brain injury strikes, the individual affected may not be in the best position to make informed decisions about the next steps. During this difficult time, family and friends play a crucial role in providing support and guidance. Additionally, seeking the advice of an experienced brain injury lawyer at Miller Weisbrod Olesky is vital to ensuring your rights and best interests are protected every step of the way.
Our demonstrated trial experience and proven record of million-dollar results are just some of the many reasons clients continue to turn to us in their time of need. Our consultations are completely free, and since we operate on a contingency fee basis, you don't owe us a dime unless/until we successfully secure compensation on your behalf. Call us at 888-987-0005 or fill out our convenient online form to get started.