The effects of a traumatic brain injury (TBI) can be life-altering, often leading to long-term physical, cognitive, and emotional challenges. TBIs can significantly impact an individual’s quality of life, affecting everything from their ability to work to their relationships and daily functioning. The road to recovery is often complex, requiring extensive medical treatment, rehabilitation, and ongoing care.
When a TBI is caused by someone else’s negligence, the financial burden can be overwhelming for the injured person and their family. In these situations, working with a knowledgeable catastrophic injury attorney is crucial. An experienced Channelview traumatic brain injury lawyer can help navigate the legal process, ensuring that you receive the compensation you need for medical expenses, lost wages, and other damages. Having legal representation also helps protect your rights and secure a fair outcome, allowing you and your family to focus on recovery while we handle the complexities of the case.
Proving Negligence for a TBI
The law classifies a traumatic brain injury as a type of personal injury. If another person’s negligence caused the injury, it falls under the legal concept of negligence. To prove negligence in a traumatic brain injury case, the injured party (plaintiff) must establish the following elements:
- The defendant owed the plaintiff a duty of care
- The defendant breached that duty of care
- The plaintiff sustained injuries as a result of the breach
- The plaintiff’s injuries were directly caused by the defendant’s actions or inactions
Successfully proving these elements requires legal expertise and experience that a Channelview traumatic brain injury attorney can provide.
For a free legal consultation with a brain injury lawyer serving Channelview, call (832) 449-8230
Common Causes of Traumatic Brain Injuries
A TBI can occur in a variety of ways. In personal injury claims, some of the most common causes of brain injuries include:
- Slip and falls
- Sports injuries
- Medical malpractice
- Nursing home abuse
- Defective products
- Negligent security
- Pedestrian and bicycle accidents
- Car, truck, and motorcycle wrecks
- Dangerous conditions on public or private property
Investigating the cause of the TBI is vital to holding the responsible person or entity legally liable for the damages. A Channelview TBI attorney can review evidence and speak with any available witnesses.
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Comparative Negligence and Other Special Considerations
In Texas, the defendant may invoke the comparative negligence rule. Under this rule, if the plaintiff is found to be 51% or more responsible for their own injuries, they are barred from receiving compensation. If the plaintiff is less than 51% responsible, their compensation will be reduced by their percentage of fault. For example, if the court finds that a plaintiff who failed to wear a motorcycle helmet was 51% responsible for their brain injury, the plaintiff would be ineligible for compensation.
Texas also provides a statute of limitations on personal injuries. This means that the plaintiff must file the lawsuit within two years from the date of injury or face a bar to recovery. A Channelview traumatic brain injury attorney will help the injured person understand and argue against common defenses and ensure all requirements and deadlines are met.
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Compensation for a TBI
Economic damages in a traumatic brain injury case may include medical expenses, lost wages, home modifications, and necessary travel for medical treatment. Plaintiffs can also seek compensation for pain and suffering and emotional distress.
In certain cases, courts may award punitive damages (also known as exemplary damages) to punish defendants for especially reckless or egregious behavior. However, punitive damages are not awarded in every case. A Channelview attorney can help an injured person determine the value of their TBI claim and what compensation they could be eligible to receive.
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Hire a Channelview Traumatic Brain Injury Attorney
We invite you to contact us today to schedule a free consultation with one of our experienced Channelview traumatic brain injury lawyers. Your lawyer will review the facts of your case and guide you toward the best course of action for your specific situation.
Having an experienced attorney on your side is the best way to ensure you receive the fair compensation you deserve for your injuries.
Call or text (832) 449-8230 or complete a Free Case Evaluation form