May
14
2024

Seeking Compensation for Brain Injuries in Texas

Brain injuries are among the most severe and life-altering injuries an individual can experience. In Texas, the legal system provides mechanisms for victims of brain injuries to seek compensation for their damages, whether the injury resulted from a vehicular accident, a fall, medical malpractice, or other causes. This blog post explores the types of damages that can be sought in a brain injury case in Texas, helping victims and their families understand their rights and the potential avenues for obtaining the compensation they deserve.

Types of Damages in Brain Injury Cases

When pursuing legal action in a brain injury case, there are several types of damages that plaintiffs might seek, categorized mainly into economic, non-economic, and sometimes punitive damages. Here’s a breakdown of these categories:

  1. Economic Damages
    • Medical Expenses: These can include past and future medical costs related to emergency care, surgery, hospitalization, medication, rehabilitation, and ongoing therapy.
    • Lost Wages and Earning Capacity: Compensation can be claimed for the income lost due to the injury and the potential future earnings lost if the victim’s capacity to work is diminished.
    • Home or Vehicle Modifications: If the brain injury requires modifications to the home or vehicle to accommodate disabilities, these costs can also be recovered.
  2. Non-Economic Damages
    • Pain and Suffering: This covers physical pain and emotional distress caused by the brain injury. Calculating this type of damage can be complex, as it must account for both current and future suffering.
    • Loss of Quality of Life: Severe brain injuries can drastically alter a person’s lifestyle and ability to engage in pleasurable activities, leading to compensation for loss of enjoyment of life.
    • Mental Anguish: Victims can also receive compensation for psychological effects such as depression, anxiety, and emotional distress.
  3. Punitive Damages
    • While not applicable in every case, punitive damages may be awarded in cases where the defendant’s conduct was particularly reckless or malicious. These are not meant to compensate the plaintiff but rather to punish the defendant and deter similar conduct in the future.

Legal Considerations in Texas

In Texas, there are specific statutes that influence how damages in a brain injury case are handled:

  • Proportionate Responsibility: Texas follows a modified comparative fault rule, which means that if a victim is found partially responsible for causing their injury, their compensation may be reduced by their percentage of fault—as long as it is less than 51%.
  • Statute of Limitations: There is a time limit for filing a brain injury lawsuit in Texas, typically two years from the date of the injury. Failing to file within this period can result in losing the right to claim damages.

Building a Strong Case

To build a strong case for damages in a brain injury lawsuit, it is crucial to:

  • Gather Comprehensive Medical Documentation: Detailed records from healthcare providers will support claims for medical expenses and demonstrate the extent of the injury.
  • Collect Evidence of Impact on Life: Documentation of how the injury has affected the victim’s daily life and ability to work can support claims for non-economic damages.
  • Consult Legal Experts: Brain injury cases can be complex, making it essential to work with a lawyer who specializes in personal injury law and understands the intricacies of Texas legal statutes.

For victims of brain injuries and their families in Texas, understanding the types of damages available is the first step toward justice and recovery. By knowing what compensation can be sought and the legal paths available, victims can better navigate the challenging landscape of brain injury litigation. Always remember, seeking professional legal counsel early can make a significant difference in the outcome of a case.

How Dashner Law Firm Can Help

If you’re seeking expert legal representation and dedicated support after car accident that caused a brain injury in Texas, contact Dashner Law Firm today. Our team of experienced brain injury attorneys in Irving, TX can help protect your rights and secure the compensation you deserve. Let us guide you through your legal journey with confidence and care.

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