A Houston Brain Injury Lawyer is a legal specialist who advocates for individuals who have sustained injuries to their brain or spine due to accidents or negligent behavior. Our attorneys have vast experience and deep understanding of the intricate medical and legal aspects surrounding brain and spine injuries. Their main aim is to advocate for our clients’ rights, working tirelessly to secure just compensation for the physical, emotional, and economic consequences of such injuries. Be sure to take advantage of our free Brain Injury consultation by filling out the form below.
Table of Contents
- Immediate Steps After a Brain or Spine Injury in Houston, Texas
- Our Free Houston Brain Injury Consultation
- Our Job as a Houston Brain Injury Lawyer
- How a Texas Brain Injury Attorney Can Maximize Your Compensation
- Our Promise – Striving for a Hands-Off Lawsuit Experience
- Brain Injury Settlements Case Studies
- What Are The Most Common Causes of Traumatic Brain Injuries?
- The Legal Process of a Brain and Spine Injury Case
- Key Legal Concepts in Brain and Spine Injury Cases
- Importance of Timing in Brain and Spine Injury Lawsuits in Houston, Texas
- Our Free Houston Brain Injury Lawyer Consultation
- Looking for more resources to help a loved one? Check out our Houston Resource Guide for Traumatic Brain Injury Victims
Immediate Steps After a Brain or Spine Injury in Houston, Texas
In the unfortunate event of a brain or spine injury, certain immediate steps should be followed to ensure the injured person receives appropriate care and to protect any potential legal claim:
- Seek Immediate Medical Help: Call 911 immediately if the injury is severe. Do not attempt to move the person if you suspect a spinal injury as it can lead to further harm.
- Immediate Medical Examination: After stabilization, the injured person should be transported to a hospital equipped to handle brain and spine injuries. In Houston, some options are:
- Follow Medical Advice: Follow the advice and recommendations of the medical professionals closely. Skipping or delaying treatment can not only negatively impact health but also harm a potential legal claim.
- Report the Incident: Depending on the nature of the accident, it might be necessary and required to report the incident to the relevant authorities.
- Preserve Evidence: If possible, start collecting evidence from the scene of the accident and keep all medical records. This could be crucial for any future legal actions.
- Do Not Discuss Fault: Avoid discussing the accident and who is at fault, especially with insurance companies, until you have legal representation.
- Contact our Brain and Spine Injury Attorney: After immediate medical needs are addressed, contact our Houston brain and spine injury attorney. They will guide you through the next steps, protect your rights, and help you pursue the compensation you may be entitled to.
Remember, the primary focus should be on the health and well-being of the injured person. Legal considerations can be addressed with the help of a qualified attorney once the person is stable and safe.
Our Free Houston Brain Injury Consultation
Our Job as a Houston Brain Injury Lawyer
Our Houston firm has had success with numerous brain and spine injury cases. In one case, we helped a client named Patricia navigate through the complexities of her case to secure a substantial settlement that ensured her future care. Let us focus on the lawsuit, so you and your family can focus on recovery.
A key role for these attorneys is to evaluate their clients’ comprehensive damages. This can include:
- Medical costs
- Long-term rehabilitation and therapy expenses
- Lost wages
- Reduced earning capability
- Pain and suffering
- Emotional trauma
- Diminished quality of life
Evidence Collection and Analysis
These cases require thorough evidence to demonstrate liability and quantify the victim’s damages. Attorneys in this field possess the expertise and resources to compile and scrutinize various evidence types, such as:
- Medical records
- Expert testimonies
- Accident reports
- Witness accounts
- Other pertinent documentation
Securing Medical Expert Testimony
Brain and spine injury attorneys in Houston collaborate with medical professionals to provide expert testimonies. These testimonies often play a vital role in brain and spine injury cases as they can:
- Validate the extent and severity of the injuries
- Elucidate the long-term implications and prognosis
- Explain the need for ongoing and future medical treatment
- Estimate future medical expenses
Calculating Future Costs
A crucial part of securing fair compensation is calculating future costs. This can include:
- Ongoing and future medical costs
- Cost of physical and cognitive therapy
- Cost of assistive devices or home modifications
- Future lost earnings or loss of earning capacity
Handling Insurance Companies
Insurance companies often aim to minimize payouts. Brain and spine injury lawyers in Houston are experienced in:
- Negotiating with insurance adjusters
- Navigating the often complex and confusing terms of insurance policies
- Advocating for their clients to receive the maximum compensation
Emotional Support and Guidance
Beyond their legal prowess, these attorneys provide their clients with emotional support and guidance throughout the legal journey. They:
- Understand the burdens these injuries impose
- Work to alleviate stress
- Empower their clients during this trying time
How a Texas Brain Injury Attorney Can Maximize Your Compensation
Hiring a proficient Texas brain and spine injury lawyer, specifically versed in Houston’s unique legal landscape, can dramatically impact the amount of compensation you receive. They possess the skills and knowledge to effectively negotiate with insurance companies, ensure all damages are accounted for, and tenaciously advocate for your rights.
Expert Houston lawyers understand the intricacies of Texas personal injury law and can maximize your potential compensation by:
- Conducting a comprehensive evaluation of your damages.
- Gathering robust evidence to establish liability and quantify your damages.
- Navigating complex negotiations with insurance companies and other parties involved.
- Litigating in court if a fair settlement isn’t reached during negotiations.
- Regularly communicating case updates and progress, so you’re always informed.
Retaining an attorney allows you to focus on your recovery, while they expertly manage the legal proceedings, just as Patricia did to secure her future.
Our Promise – Striving for a Hands-Off Lawsuit Experience
Understanding the immense challenges faced by individuals and families dealing with brain and spine injuries, our Houston-based legal professionals are committed to providing a hands-off lawsuit experience. This approach aims to minimize the additional burdens associated with legal proceedings, allowing you and your family to focus on recovery and overall well-being.
When you entrust your case to us, we dedicate ourselves to fighting for your rights and doing everything within our power to ease your burden, much like we did for Patricia. We believe in clear communication, regular updates, and a compassionate approach, striving to alleviate stress and empower our clients during a challenging time.
Brain Injury Settlements Case Studies
Brain and Spine Injuries often have life long consequences. And for that reason, if you have sustained one of these types of injuries, you should seriously consider hiring a lawyer who can negotiate on your behalf with the insurance companies and other parties involved. Here are a few cases where lawyers were able to help secure their clients future care and recovery:
$32 Million Settlement – Result of Serious Brain Injury Caused by a Malfunctioning Seatbelt
Seatbelts are a crucial component in vehicle safety, designed to shield drivers and passengers during traffic accidents. When a seatbelt malfunctions, the individuals inside the vehicle are often left exposed to the harshest consequences of the accident. This was unfortunately the case for Mark Force, who experienced a life-altering brain injury in a car collision when his seatbelt failed to perform its duty. Force pursued legal action against Ford Motor Company and Mazda Motor Company, resulting in a jury verdict that favored him. The jury granted him an impressive $32.5 million, agreeing that the seatbelt in Force’s vehicle had both design and manufacturing defects.
$22 Million Awarded to Victim of Crosswalk Incident
In a case with similarities to others, a woman named Shirley Miller faced severe injuries when she was struck by a pharmacy’s delivery vehicle while she was crossing a street in New York. This tragic crosswalk accident left Miller with permanent brain injuries and other physical damages. Following the incident, Miller was awarded a considerable compensation amounting to $22 million.
What Are The Most Common Causes of Traumatic Brain Injuries?
A brain injury, also known as a traumatic brain injury (TBI), occurs when an external force injures the brain. These injuries can range from mild (a brief change in mental status or consciousness) to severe (an extended period of unconsciousness or memory loss). They’re a major cause of death and disability worldwide, particularly among children and young adults.
Below we delve into the most common causes of brain injuries, shedding light on the various circumstances and activities that can lead to these serious health issues:
Falls are the leading cause of TBI, accounting for nearly half of all brain injuries. This includes falls from beds, stairs, ladders, and slips in the bathroom. The elderly and young children are particularly at risk.
2. Vehicle-Related Accidents
Vehicle-related collisions, including cars, motorcycles, and bicycles, are a significant source of TBIs. These accidents can cause the brain to move around violently inside the skull, resulting in damage.
Violent acts, such as assault and domestic violence, can lead to brain injuries. Firearms and child abuse are also significant sources of TBIs.
4. Sports Injuries
Many sports and recreational activities can cause brain injuries, particularly those that involve high speeds or body contact. These include football, boxing, soccer, skateboarding, and extreme sports.
5. Explosive Blasts and Military Combat
Military personnel involved in combat often face a risk of TBIs, particularly due to explosive blasts. Shockwaves from these explosions can damage the brain, often leading to what’s referred to as combat-related traumatic brain injuries.
6. Struck By/Against Events
Injuries can also occur when a person’s head strikes or is struck by an object. This can happen in a variety of scenarios, including occupational accidents or being hit by a falling object.
Understanding these common causes of brain injuries is vital to prevention and education efforts. In many cases, TBIs are preventable. Therefore, it’s crucial to take the necessary precautions when engaging in activities that could potentially lead to a brain injury. Wearing protective gear, adhering to safety rules, and maintaining a safe environment can all significantly reduce the risk of suffering a TBI.
Please note, this is just a short overview. Each cause mentioned above represents a wide field of study and research in the medical community.
The Legal Process of a Brain and Spine Injury Case
The legal process of a brain and spine injury case generally involves the following steps:
- Our Free Consultation: This initial meeting allows the lawyer to understand the circumstances of the case and the client to determine if the lawyer is the right fit.
- Investigation: The lawyer collects evidence, reviews medical records, consults with experts, and determines liability.
- Filing a Lawsuit: If a settlement cannot be reached, the lawyer files a lawsuit against the responsible parties.
- Discovery Phase: Both sides exchange information and evidence. Depositions may be taken.
- Negotiation & Settlement: Lawyers may negotiate a settlement to avoid going to trial.
- Trial: If no settlement is reached, the case goes to trial where a judge or jury decides the outcome.
- Appeal: If the case’s outcome is not favorable, the lawyer may file an appeal.
Key Legal Concepts in Brain and Spine Injury Cases
In brain and spine injury cases, several legal concepts come into play, and understanding these is crucial in navigating the legal landscape effectively.
- Negligence: Negligence refers to the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. If an individual or entity is negligent and that negligence leads to someone’s injury, they can be held legally responsible for the damages.
- Comparative Fault: Texas follows the rule of comparative fault, also known as proportionate responsibility. This means if the injured party is found to be partially at fault, any compensation awarded may be reduced by their percentage of fault.
- Strict Liability: In some cases, such as product liability cases, the concept of strict liability may apply. This means the party responsible for producing or selling a defective product can be held liable for injuries caused by the product, regardless of whether they were negligent.
- Statute of Limitations: In Texas, the statute of limitations for personal injury claims, including brain and spine injuries, is typically two years from the date of the injury. This means you have two years to initiate a lawsuit against the responsible party.
- Damages: Damages refer to the monetary compensation that can be recovered in a lawsuit. In brain and spine injury cases, damages often include medical bills, lost wages, and pain and suffering. In some cases, punitive damages, which are designed to punish the defendant and deter similar conduct in the future, may also be awarded.
- Consent and Assumption of Risk: These defenses might be raised in certain cases. For example, if an individual willingly participated in a risky activity and got injured, the defense might argue that they assumed the risk or consented to the potential for injury.
- Immunity: Certain entities like government bodies or agencies might enjoy some degree of immunity from personal injury lawsuits. However, there are often exceptions to these rules, and an experienced attorney can guide you through this complex area.
Understanding these legal concepts can help you better navigate the aftermath of a brain or spine injury. However, the complexity of the law necessitates having a knowledgeable and experienced attorney who can advocate for your rights and interests.
Importance of Timing in Brain and Spine Injury Lawsuits in Houston, Texas
One pivotal aspect of timing in brain and spine injury lawsuits is the statute of limitations. In Texas, this statute is generally two years from the date of the accident or injury. Failing to file a lawsuit within this timeframe can lead to the case being dismissed.
The rationale behind statutes of limitations is to ensure fairness and protect defendants from enduring claims after an extended period. Additionally, it helps maintain the integrity of evidence, as memories fade, witnesses become unavailable, and documents can be lost over time.
Therefore, it’s vital for Houston residents with brain or spine injuries to promptly consult a specialized attorney. Doing so will ensure your case is filed within the applicable statute of limitations, protecting your right to seek deserved compensation.