Traumatic brain injuries (TBIs) are often preventable when others behave carefully and safely. For example, other drivers can follow traffic laws and refrain from distracted driving, premises owners can maintain their properties safely, and sports coaches can follow the proper protocols to prevent player injuries.
Unfortunately, however, this does not always happen; people do not always do the right thing, and individuals suffer serious TBIs as a result of others' negligence. You may have the right to take legal action and recover monetary damages from liable parties in these circumstances.
A skilled San Antonio brain injury attorney in your area can promptly evaluate your claim and take legal steps to pursue the necessary compensation for your losses. For example, your attorney can file a claim with the appropriate insurance company or file a lawsuit in the state court system on your behalf, seeking the financial recovery you need to become whole again.
TBI Prevention Depends on the Conduct of Others
When it comes to preventing traumatic brain injuries, you are not always solely responsible. You can be as safe as possible in every aspect of your life and still end up with a serious TBI.
Instead, the conduct of others plays a significant role in reducing the risk of TBIs. This is because accidents are a leading cause of head trauma and brain injury, and such accidents often happen due to the negligence of others. Whether it's drivers on the road, property owners, or sports coaches, there are measures others should take to ensure the safety and well-being of those around them.
Drivers Should be Safe to Prevent Hitting You
One of the leading causes of TBIs is motor vehicle accidents. As a motorist, cyclist, or pedestrian, you must rely on other drivers to act responsibly and follow traffic laws. By obeying speed limits, paying attention to the road, and avoiding distractions, drivers can significantly reduce the likelihood of collisions and causing severe head injuries.
It's also important for other drivers to never drive while impaired by alcohol, drugs, or any other substances that may impair judgment and coordination. By maintaining focus and control, drivers can help prevent tragedies and the life-altering consequences of TBIs.
Property Owners Must Keep Premises Safe
Slip and fall accidents are another common cause of TBIs. Property owners have a duty to maintain safe premises and address hazards promptly. Regular inspections should be conducted to identify any potential risks, such as wet floors, uneven surfaces, or loose handrails. Property owners should also provide warnings if immediate action is not possible, ensuring that individuals are aware of possible dangers. By taking these precautionary measures, property owners can help prevent slip and fall accidents and the resulting TBIs.
Sports Coaches Should Follow Proper Protocols
Participating in sports is a fantastic way for individuals to stay active and healthy. However, sports-related injuries, including TBIs, can occur if those in charge fail to follow proper safety protocols. Sports coaches have a responsibility to provide adequate safety equipment and enforce safety rules, particularly when it comes to young athletes.
One significant concern is concussions, as they can have severe and long-term consequences. Coaches must adhere to concussion protocols, ensuring that any athlete who suffers a head injury receives appropriate and immediate medical attention and follows the necessary steps for recovery. By prioritizing safety, sports coaches can significantly reduce the risk of TBIs among their athletes.
Preventing traumatic brain injuries requires the cooperation and responsible conduct of others. Whether it’s drivers on the road, property owners, sports coaches, or other parties, each individual plays a role in maintaining safety and minimizing the risk of TBIs.
On the other hand, when others fail to act reasonably and safely, they put you and everyone around them at risk of serious injuries, including traumatic brain injury.
Lasting Effects of a TBI
A traumatic brain injury can have a significant effect on your daily life and overall well-being. Not only can you experience physical symptoms, but also mental struggles, financial burdens, and more.
One of the most common lasting effects of a TBI is cognitive impairment. After a brain injury, you may experience difficulties with memory, attention, problem-solving, and decision-making. These cognitive impairments can significantly affect your ability to work, engage in daily activities, and maintain relationships. Having an attorney who understands the nature of TBI cases can help ensure that you receive the appropriate compensation for these cognitive impairments, as they may hinder your future earning potential.
Another long-term effect of a TBI is emotional and behavioral changes. Many individuals who have experienced a TBI report increased feelings of depression, anxiety, and irritability. They may have difficulty controlling their emotions or experience changes in their personality. These emotional and behavioral changes can strain relationships and make it challenging to cope with daily life. You should seek compensation to cover the costs of therapy, counseling, and other necessary support services for these symptoms.
Furthermore, physical impairments can also be long-lasting after a TBI. Depending on the severity of the injury, you may experience difficulties with mobility, balance, coordination, or motor skills. These physical impairments can hurt your ability to perform everyday tasks and may require ongoing medical treatment, rehabilitation, or adaptive devices. A brain injury attorney can ensure you seek the appropriate compensation to cover the costs of these necessary medical and rehabilitative services.
The lasting effects of a traumatic brain injury can be life-altering, and you should have an attorney by your side who understands the unique challenges and complexities of TBIs and the resulting injury cases.
Proving the Legal Elements of a TBI Claim
When pursuing a traumatic brain injury claim, you must demonstrate the liability of another party. This means your injury lawyer must prove all the legal elements of negligence for a successful case.
The first element, duty, is the legal obligation of the other party to exercise reasonable care. In the context of a brain injury claim, this means that the responsible party, such as a negligent driver or property owner, had a duty to act in a manner that would not cause harm to others. For example, drivers have a duty to follow traffic laws and drive responsibly to prevent accidents.
The second element is breach, which occurs when the other party fails to fulfill their duty of care. In a TBI claim, breach can be demonstrated by showing that the responsible party acted negligently or recklessly, leading to the brain injury. This can be due to actions such as distracted driving, or failure to maintain a safe premises.
Causation is the third element that you must establish. It involves proving that the breach of duty directly caused the brain injury. This requires presenting evidence that links the negligent actions of the other party to the specific trauma to the brain. Medical records, expert testimonies, and accident reconstruction reports can contribute to establishing causation.
Finally, damages refer to the physical, emotional, and financial harm from the brain injury. This includes medical expenses, lost income, pain and suffering, and future medical costs. To demonstrate damages, your lawyer will collect all relevant documentation, such as medical bills, employment records, and testimony from medical professionals.
Recovering the Financial Compensation You Deserve for Your TBI
A traumatic brain injury can cause significant physical, emotional, and financial challenges. The road to recovery can be long and arduous, but with the help of a skilled attorney, you can secure the financial support you need from the at-fault party and relevant insurance companies.
One of the main reasons to consider retaining an attorney is to evaluate and calculate the full extent of your losses. Insurance companies regularly undervalue injury claims, as they are trying to save money by offering lowball settlements. You never have to accept less than you deserve. Instead, have your experienced TBI lawyer calculate the financial compensation you deserve.
Medical Expenses
Calculations usually begin with your past and future medical expenses. TBIs often require extensive medical treatment, rehabilitation, and ongoing care. The costs of these treatments can quickly add up and place a heavy burden on you and your family. An experienced attorney can work with medical experts to assess your current and future medical needs, ensuring you seek compensation for all necessary expenses.
Lost Income
Recovering past and future lost income is another crucial aspect of your TBI claim. TBIs can have severe cognitive and physical impairments, making it challenging to return to work or maintain a steady income. An attorney can calculate the income you have lost due to your injury, and project future lost earnings based on your limitations. This financial compensation is necessary to support yourself and your family during your recovery and beyond.
Pain and Suffering
The physical and mental pain and suffering from a TBI can seem immeasurable. Besides the physical limitations and impairments, TBIs often result in emotional distress, depression, anxiety, and a loss of enjoyment of life. Always work with an attorney who understands the long-term consequences of a TBI and can effectively present your pain and suffering to ensure you seek adequate compensation for the devastating impact it has had on your life.
Permanent Impairments
Moreover, a TBI may leave you with permanent impairments that affect your ability to perform daily activities, work, and enjoy a fulfilling life. These long-term disabilities may require modifications to your home, vehicles, and lifestyle to accommodate your needs. An experienced attorney can seek compensation for these permanent impairments to ensure you can live as independently and comfortably as possible.
Securing the financial compensation you deserve for your TBI can be a daunting task. Your brain injury lawyer will guide you through each step of the process, fighting relentlessly to maximize your compensation. They will present evidence of your losses to negotiate for the full settlement you deserve.
Settling or Litigating a TBI Case
Choosing between settling a TBI case and pursuing litigation involves carefully considering various factors, each influencing the trajectory of the legal process. Settling a case often offers a quicker resolution and immediate certainty. Parties can negotiate terms without the longer timeline and uncertainty of a trial. This route provides the injured party with more immediate compensation, addressing pressing financial needs related to medical bills and other expenses. Additionally, settling minimizes the stress of a trial, offering a degree of closure to the victim and their loved ones.
On the other hand, pursuing litigation and taking the case to trial or alternative dispute resolution (ADR) proceedings presents an avenue for potentially greater compensation. If an insurance company refuses to offer a fair amount as a settlement, taking the case to court can be the best option to seek full compensation that covers your losses.
The adversarial nature of the courtroom allows for a thorough examination of professional testimonies and other evidence, providing a platform to assert the full extent of your damages.
Litigation is also complicated, involving pre-trial motions, discovery, and potential appeals, prolonging the resolution of your case. Additionally, the emotional toll of reliving the traumatic events during trial can be significant for injured accident victims.
ADR, including mediation or arbitration, might be a middle ground between settling and litigating. It offers a structured process outside the traditional courtroom setting. A neutral third party facilitates all discussions, helping the parties reach a mutually agreeable settlement. ADR can be more cost-effective and time-efficient than a trial while still providing an opportunity for a comprehensive and favorable resolution.
The decision to settle or litigate depends on many factors, and you should make this decision after carefully weighing your options with your attorney.
Call an Experienced Brain Injury Lawyer about Your TBI Today
If you or someone you love suffered a TBI because of another person's negligence, an experienced brain injury attorney in your area can help. Your lawyer can swiftly investigate your accident circumstances and obtain medical documentation. They may then file a claim on your behalf or file a lawsuit in the court system. Your attorney will do everything possible to protect your legal rights and maximize your overall compensation.
Start the process today with a free case evaluation.