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When to Seek Compensation for Traumatic Brain Injuries

August 23, 2023
Traumatic Brain Injuries

Head injuries can range in severity, although almost all are very serious. Many head injuries affect the brain and can cause brain damage that can have significant life-long impacts. After suffering a traumatic brain injury accident, how do you pursue compensation if a negligent party caused your injury? Traumatic brain injuries (TBIs) fall under personal injury law, meaning you can file a civil suit against the appropriate liable party or parties.

Common Head Injury Types and Complications

Head injuries can take many forms and can lead to serious complications if oxygen or blood flow to the brain stops or decreases for an extended period. Different brain injuries can include:

  • Concussions
  • Open or closed brain injuries
  • Contusions
  • Hematomas
  • Hemorrhages
  • Edemas
  • Coup-contrecoup injuries
  • Diffuse axonal injuries
  • Anoxic or hypoxic brain injuries

Some traumatic brain injuries can lead to other complications, like a blood clot in the brain, a loss of consciousness, or a coma from an axonal injury. Seeking medical care quickly after a traumatic brain injury accident is essential to reduce the chances of developing severe complications from a head injury.

Symptoms of a Traumatic Brain Injury

Some TBIs leave visible injuries, while others involve the brain suffering damage inside the skull with few outward signs of injury. Symptoms of a TBI can include:

  • Headache
  • Confusion
  • Sensitivity to sounds or lights
  • Issues with balance
  • Slurred speech
  • Dizziness
  • Nausea
  • Memory loss
  • Convulsions
  • Coma
  • Death

If you begin suffering any of these symptoms after a slip and fall accident, car accident, motorcycle crash, or any other type of accident, seek medical care immediately.

Seeking Compensation for a TBI

If you were diagnosed with a TBI after an accident, how do you seek compensation for your injuries? If the injury occurred in Texas, Texas is an at-fault insurance state, meaning you would file an injury claim with the at-fault party’s applicable liability insurance.

For example, if you were struck by another motorist, you would file your claim through their car insurance bodily injury liability insurance policy. However, if you slipped and fell on someone else’s property, you would file a claim through their insurance policy if it was a residential property or through their business insurance if it was a commercial property.

If the insurance company denies your claim or makes a low offer you feel isn’t fair compensation for what you have endured with your injury, you can bring a civil claim against the negligent party in court to pursue damages against them.

Having an experienced brain injury attorney by your side to represent your interests in the case is essential for you as the plaintiff. The plaintiff has the burden of proof to prove the defendant’s negligence “with a preponderance of the evidence.”

How a Personal Injury Attorney Can Help

Your personal injury attorney knows personal injury law and precedent to help you build a strong case against the person responsible for your injuries. Your attorney can:

  • Speak with the insurance company representatives on your behalf.
  • Gather evidence from the accident scene and other nearby sources, such as local business security cameras.
  • Present medical records and other evidence for expert witnesses like doctors or accident reconstructionists.
  • Help determine a fair value in economic and non-economic damages for your case.

Personal injury law is complex. You should call an experienced personal injury attorney as soon as possible after a TBI accident.

Contact an Experienced Texas Personal Injury Attorney

If you need help pursuing a claim for a traumatic brain injury accident in Texas or New Mexico contact us at Fadduol, Cluff, Hardy & Conaway, P.C. Call us today at 432-335-0399 or contact us online to schedule a consultation.