Traumatic brain injury can take a catastrophic toll on you and your family—physically, emotionally, and financially. Suddenly, you’re unable to do things you could before. Speaking, understanding, getting around, or dressing yourself may have become a chore. It’s frustrating. Upsetting. Exhausting. You may also find yourself wondering how you’re going to pay for all of the associated costs: time off work, medical care, rehabilitation, and more. Will life ever get back to normal?
If you or someone you love has suffered as a result of a traumatic brain injury, the Austin brain injury lawyers at George Salinas Injury Lawyers may be able to help. Contact us today at (210)-225-0909, or online, for your free consultation.
Why Hire George Salinas Injury Lawyers?
At George Salinas Injury Lawyers, we work with our clients toward achieving the legal and financial results they need to recover and resume living after a traumatic brain injury (“TBI”). We have years of experience dealing with insurance companies and responsible parties who may owe compensation to our clients.
Some of our past clients have received compensation for their medical costs directly resulting from their TBI, for the pain and suffering they’ve been forced to endure through no fault of their own, and their lost wages from time off work either because they’re the ones injured, or they’re caring for a family member with a TBI.
When the need arises for an experienced traumatic brain injury attorney in the Austin, Texas area, put our Austin personal injury lawyers at the top of your list.
We have a proven track record of helping our clients recover compensation for all types of injuries, including TBI. On our Testimonials page, you can find statements by our former clients about working with us. As you will see, our commitment to clear communication is one of our strong suits. We aim to work closely with our clients to ensure we gather important evidence from them and they have a clear picture of the services we’re providing.
Whether working with our founder, George Salinas, or our partners, Amanda R. Esparza Carollo, and Eunice Fernandez Moore, our clients consistently find that we’re dedicated to working to achieve the best outcomes for injured victims and their families.
What are Traumatic Brain Injuries?
Traumatic brain injuries occur when the brain suffers what doctors sometimes refer to as an “insult” (such as physical injury, bleeding, swelling, or tissue death) as a result of some outside cause—often a blow, jolt, or deprivation of oxygen. Traumatic brain injuries commonly occur when people are battered in auto accidents, construction accidents, sports collisions, and war zones. But, they can also occur when a person is deprived of oxygen, such as in a drowning, or when a systemic condition causes swelling, such as an infection.
According to the Mayo Clinic, depending on the severity of the injury, the symptoms of TBIs may include:
- Loss of consciousness
- Nausea and vomiting
- Convulsions and seizures
- A worsening headache that doesn’t go away
- Weakness or numbness in the limbs
- Slurred speech
- Inability to wake the patient with the injury
- A person who, after an impact, seems dazed, confused, or out of sorts
Brain injuries heal differently than external injuries and broken bones. In many cases, recovery is a matter of regaining function by building new neural pathways—in effect, “re-learning” how to do life activities that you once took for granted. Throughout the recovery process, a patient with a traumatic brain injury may experience difficulty with comprehension, mood swings, increased frustration, fatigue, and difficulty communicating. In severe cases, traumatic brain injury can lead to coma or death.
In some cases, the signs of a potential traumatic brain injury show up immediately: lost consciousness at the accident scene followed by partial paralysis when the patient wakes up, for example. In other cases, however, the signs and symptoms of traumatic brain injury may not become apparent until some time after an accident. For this reason, it’s critical to seek medical care any time you’re involved in an accident that even potentially involved a brain injury. Even a relatively minor fender-bender can result in a TBI under some circumstances.
Common Causes of Traumatic Brain Injury
There are many potential causes of traumatic brain injury. According to the Mayo Clinic, here are the leading reasons why victims develop traumatic injury to the brain:
- Falls: The Mayo Clinic reports that falls are the number one cause of TBIs. This can include falls from beds or ladders, falls down stairs, falls in the bath, and many other kinds of falls. Injuries on construction sites and slip-and-falls on unsafe properties are a leading reason for TBIs, especially among adults.
- Vehicle-related accidents: The Mayo Clinic says that crashes involving cars, motorcycles, and bicycles routinely cause traumatic brain injury. Whenever someone is involved in an accident, they are at risk because their head could strike something, or the force and impact could cause brain trauma.
- Violence: Gunshot wounds and assaults are also common causes of brain injuries, including shaken baby syndrome which occurs when an infant is violently shaken.
- Sports injuries. Many types of physical contact sports can result in injury to the head, especially football, boxing, hockey, baseball, lacrosse, and other high-impact sports.
In many cases, these common causes of fall injuries could be prevented. For example, property owners might be able to prevent falls or acts of violence by maintaining their premises in a safe way and by providing adequate security to their visitors. If a property owner has a duty to keep guests safe and fails in these ways, they could be held accountable for any brain injuries that result.
Likewise, if a school or team is negligent in protecting its players from the dangers of head injuries or if a driver causes a motor vehicle accident as a result of carelessness or intentional wrongdoing, then those individuals or entities could potentially be held legally liable for causing a head injury to happen.
Victims need to understand what the cause of the TBI is and should work with an Austin brain injury attorney to determine if anyone can be held legally liable and made to compensate them for the damage they endured.
Traumatic Brain Injury Symptoms
Symptoms of brain injuries can differ depending on whether the injury was a mild traumatic brain injury or a moderate to severe TBI. According to the Mayo Clinic, common symptoms of mild traumatic brain injuries include:
- Anxiety
- Depression
- Difficulty concentrating
- Disorientation or a feeling of being dazed and confused
- Drowsiness
- Feeling dizzy
- Headaches
- Light or sound sensitivity
- Losing balance
- Losing consciousness briefly
- Memory issues
- Nausea
- Sensory issues including ringing in the ears, a bad taste in the mouth, or an inability to smell
- Sleep problems including difficulty sleeping or sleeping more than normal
- Speech impairments
- Vomiting
If you suffer a moderate to severe TBI, you can expect some different symptoms. Here is what the Mayo Clinic indicates are common symptoms of moderate to severe traumatic brain injury:
- Agitation
- Coma
- Combative behavior
- Dilated pupils
- Draining of clear fluids from the ears or the nose
- Extreme confusion
- Losing consciousness for an extended time period.
- Losing coordination
- Numbness or weakness in the toes
- Numbness or weakness in your fingers
- Persistent and ongoing headaches
- Repeat bouts of nausea or vomiting
- Seizures or convulsions
- Slurring speech
- Unusual mood or behavioral changes
These symptoms can persist for long periods of time, sometimes even for decades. In fact, many people never recover when they have suffered a brain injury and continue to experience impaired quality of life and an ongoing inability to work to their full potential as compared to before the accident.
If you experience any symptoms after you have suffered a blow to the head, you should see a doctor immediately for diagnosis and treatment. Getting prompt medical attention could allow for interventions that might prevent further damage, such as procedures to address swelling around the brain.
Your doctor can also document your symptoms, which can help you to provide proof that you were badly hurt as a result of an accident or other incident. If you want to hold the parties responsible for causing your brain injury liable for the damage that they have done, the records that your medical professional keeps could be invaluable in doing so.
Who Can Be at Fault for Traumatic Brain Injury?
Fault for a traumatic brain injury will depend on the circumstances surrounding the injury. At George Salinas Injury Lawyers, we have represented clients who suffered TBIs because of the wrongful acts or negligence of a third party. In the case of construction accidents, for example, we may represent a worker whose employer did not follow appropriate safety standards, resulting in an accident. Similarly, we may represent a client who suffered a TBI in a two-car collision where the driver of the other car ran a red light and caused the accident.
We also routinely represent clients in seeking compensation from insurance companies who deny or fail to pay the benefits our clients are due. For example, if a client suffers a TBI in a drowning incident at a neighbor’s pool, and the neighbor did not take due care to prevent it from happening, the neighbor’s homeowner’s insurance policy may resist covering the incident.
Through our years of experience, our Austin brain injury attorney has a strong track record of identifying third parties who may be responsible for compensating the victim of a traumatic brain injury, and pursuing those parties so that our clients receive the justice and compensation they deserve.
What Kinds of Damages Can Be Recovered for Traumatic Brain Injury?
When a traumatic brain injury occurs, often the medical costs of caring for the victim will be covered by some sort of insurance, whether it’s their health insurance, auto insurance, or worker’s compensation insurance. But medical costs, while usually substantial, are hardly all of the costs and expenses associated with a TBI. Victims of a TBI and their families may also be entitled to compensation for:
- Lost wages due to time off work to recover from the injury or to care for an injured family member
- Lost future earnings of the TBI victim
- Long-term care and rehabilitation services
- The pain and suffering resulting from the accident and the difficulty of living with a TBI
- Legal fees, in some cases
In addition, under Texas law, you may be entitled to recover limited “punitive” damages that serve to punish the wrongdoers and ensure that others are not injured by their conduct in the future.
The full scope of the damages you can receive after a traumatic brain injury will depend on your specific case and the circumstances involved. Working with an attorney experienced in representing victims of traumatic brain injury and their families can be the most effective way to ensure that you receive the compensation you’re due for your injury.
How Do Those Liable for Traumatic Brain Injury Try to Avoid Paying?
No one ever wants to pay for someone else’s injury. Insurance companies and responsible parties routinely try to avoid paying their fair share by blaming accident victims. That is an especially difficult problem in TBI cases, where victims often have difficulty recalling the circumstances of an accident or otherwise speaking for themselves.
When an accident resulting in a TBI happens, potentially responsible parties may try to build a case right away that it “wasn’t their fault.” For victims and their families, it can be important to call on the services of an experienced attorney right away, to make sure insurance companies or unscrupulous third parties do not try to take advantage and convince them to sign releases or accept low-ball settlement offers before they learn about their rights.
How Can an Austin Brain Injury Attorney Help You?
An Austin brain injury attorney can provide you with comprehensive help and support as you cope with the aftermath of an accident that affects your brain function. At George Salinas Injury Lawyers, we are very familiar with handling complex causes involving TBIs and we will do everything possible to help you navigate the legal system and put together the strongest claim possible.
Some of the different services that an Austin brain injury attorney can provide include:
- Gathering evidence as to the cause of the injury. From obtaining police reports to contacting witnesses and interviewing them, our legal team will do what it takes to prove how your injury occurred and why someone else should be held accountable for your losses.
- Documenting the damage your injury has caused. Sometimes, it can be difficult to show the full extent of the impairments caused by your brain injury, especially if the problems involve behavioral or cognitive changes. Our firm will help you to show how badly you were harmed by using tools like a pain diary and medical reports.
- Identifying anyone who could be held liable. There may be multiple potential defendants who share responsibility. We’ll work to identify all of the parties that may be to blame for the accident so you can pursue a claim against anyone who might be liable for your losses.
- Negotiating a settlement or going to court. We’ll make the strongest claim possible to the insurer representing the at-fault party or to the court, depending on whether your case settles through negotiation or a civil trial. In all situations, our goal is to get you the full and fair compensation you deserve so you can rebuild.
These are just some of the many ways in which George Salinas Injury Lawyers will help you if you have suffered a TBI. You can schedule a free consultation to learn more details about the services and support we can offer.
Contact An Austin Brain Injury Attorney Today
If you or someone you love has experienced a traumatic brain injury, contact the Austin brain injury attorney at George Salinas Injury Lawyers today at 210-225-0909, or online, to schedule a free consultation to discuss your potential legal options.