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Brain injuries are one of the most catastrophic injuries that a victim may suffer. A traumatic brain injury, or TBI, can alter a person’s life forever. This type of injury can permanently affect the victim’s personality, mental capacity, and other functions of day-to-day life. If you have suffered a brain injury, you need an experienced attorney on your side who understands the severity of these injuries. Don’t let the insurance company undervalue your case. The Dallas personal injury attorneys at Bush & Bush Law Group is experienced in handling brain injury cases, and we will fight to make sure you get the full compensation to which you are entitled.
The team at Bush & Bush Law Group will make sure you get the personal attention you deserve. Brain injuries are often life-altering for the victim, and they can also be difficult on the victim’s family as well. These cases present unique challenges due to the potentially permanent nature of these injuries. Our attorneys are always up for the challenge, and we will work tirelessly to make sure you get the compensation you deserve. Give us a call today at (469) 977-7777 if you or a loved one have suffered a traumatic brain injury because of someone else’s fault.
A brain injury is any injury that interferes with the normal functioning of the brain. These injuries usually occur as a result of a hard impact to the head which causes the brain to forcibly contact the skull. Brain injuries can range from mild concussions to severe, traumatic brain injuries. Accidents that frequently result in brain injuries include the following:
Brain injuries may cause paralysis, coma, speech difficulties, or even death. If you have sustained a brain injury as a result of an accident that was someone else’s fault, you may be able to recover monetary damages. Our experienced Dallas car accident attorney and Dallas truck accident lawyer can help you navigate the legal process and fight for the compensation you deserve. Give us a call today to learn all your legal options.
Sometimes, brain injuries are not immediately apparent. They might not even show up in some medical imaging tests right away. However, if you were in an accident that caused an impact on your head, you should always take precautions and be on the lookout for the symptoms of a brain injury. These symptoms may include dizziness, headaches, nausea, vomiting, blurry vision, feelings of anger or depression, or loss of consciousness. Always seek medical treatment and follow the advice of your doctor. You can count on our team to handle the legalities of the situation while you focus on getting better.
Liability in a brain injury case is commonly proven under the theory of negligence. To prove negligence, there are four elements that must be met. First, the defendant must owe some duty of care to the injured party. Statutes, regulations, and other laws can impose this duty. For instance, when you drive your vehicle on the road, you owe other drivers a duty to operate your vehicle in a safe manner.
Next, a breach of that duty must occur. Using our driving example, if someone decides to text and drive, they have breached their duty owed to other motorists on the road. The third element that must be proven is causation. The accident must have been caused by the breach of duty. Finally, damages must result from the breach. Medical bills lost time from work, and other things related to an injury are considered to be damages.
You might be wondering whether you can still get compensation if you were partially at fault for the accident. This answer is yes, but certain criteria must be met. Texas follows a modified contributory negligence rule. This rule states that you may not recover damages if you are found to be more than 50% at fault. However, you can still receive compensation if you are found to be less than 50% at fault. Your recovery will simply be reduced by your proportion of fault (Tex. Civ. Prac. & Rem. Code § 33.012).
Consider the following example. Suppose you sustained a brain injury in an accident, and your damages were $100,000 for medical bills, lost wages, and other financial losses. It is found that you were 30% at fault for the accident, and the defendant was 70% at fault. Your $100,000 in damages would be reduced by 30%, so you would still be entitled to a $70,000 recovery from the defendant.
Damages in brain injury cases can be substantial due to the severe or catastrophic nature of these types of injuries. Not only can you recover for previous medical bills related to the accident, but you are also entitled to recover for future medical bills that are a direct result of the accident. Similarly, you are entitled to both past and future lost wages. Future medical bills and future lost wages can really add up in a brain injury case since the effects of these injuries can be permanent.
Examples of the types of damages that can be recoverable in a brain injury case include:
If you have suffered a brain injury, you need an experienced attorney who knows how to properly value your case. Insurance companies can try to make your injury seem less severe than it really is, so make sure you have an attorney who will fight for your legal rights. The team at Bush & Bush Law Group will take the time to get to know you and the extent of your injuries. We won’t back down from the insurance company, and we’ll fight to make sure you get every penny you deserve.
If you or a loved one has suffered a brain injury, contact the Bush & Bush Law Group today. Whether the injury resulted from a car accident, slip and fall, or another type of accident, we have the experience you need on your side. Let us help with the valuation of your case so that you understand exactly how much compensation you may be owed. Give our office a call today at (469) 977-7777 or contact us online to put us to work for you.
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Call us at (469) 977-7777 or fill out the contact form to get your case reviewed by our award-winning legal team. And also apply for an advance or pre-settlement funding on your case if needed.
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