A brain injury can have devastating effects on both the victim and their family. If you or a loved one have recently suffered a brain injury in San Antonio, Texas, our San Antonio brain injury lawyer at George Salinas Injury Lawyers can help. Contact our personal injury law firm at (210) 225-0909 today to get started.
We’ve collected hundreds of millions of dollars for our deserving clients in the area since 2011, the year we were founded. Our San Antonio brain injury lawyers have more than a century of combined experience, and we’re confident that we can help you achieve a favorable outcome for your case if you choose us to represent you.
Why Choose George Salinas Injury Lawyers?
Brain injuries can occur in a wide variety of contexts, ranging everywhere from motor vehicle accidents to medical malpractice and slips, trips, and falls. No matter the cause of the injury, however, one thing remains clear: the at-fault party should be held accountable for what they’ve done, and you (the victim) should be made whole again.
That’s where the award-winning staff with George Salinas Injury Lawyers can step in and assist. Members of our legal team have received accolades such as Texas Super Lawyers, Rising Stars, and Texas Lawyer’s Southwest Top Verdicts & Settlements Award. Once you hire our San Antonio personal injury lawyers, we can:
- Undertake a thorough internal investigation into your brain injury accident, where we can collect evidence in support of your claim and fully identify your damages
- If necessary, hire experts to further enhance your compensation claim
- Handle all of the negotiations, paperwork, and other processes and procedures related to your case
- If the at-fault party will not settle your claim, potentially file a lawsuit and take your case to court
We aim to treat our clients like family, which means cutting no corners and dedicating the resources necessary to ensure your best interests and course of action are prioritized. Give us a call today in San Antonio, TX, to learn more or to start forming an attorney-client relationship.
An Overview of Brain Injuries
A traumatic brain injury (TBI) is defined as an injury that causes damage to the brain. These injuries are grouped in many possible ways, and they can occur in almost any type of personal injury accident scenario. Brain injuries may also result from intentionally harmful conduct in some cases.
Brain Injury Statistics
There are data available regarding brain injuries across the United States from the Centers for Disease Control and Prevention (CDC). Here are the latest available statistics from the CDC:
- In 2020, there were 64,362 TBI-related deaths
- In 2019, there were 223,135 TBI-related hospitalizations
- Persons ages 75 and older had the highest rates of deaths and hospitalizations
- Children (ages 0 to 17) had 16,070 TBI-related hospitalizations and 2,774 TBI-related deaths in 2019 and 2020, respectively
The overall numbers indicate that, on average, there are more than 611 TBI-related hospitalizations and 176 TBI-related deaths every single day.
Types of Brain Injuries
One way in which brain injuries are categorized is based on severity. These are:
- Mild TBI (concussions)
- Moderate TBI
- Severe TBI
While a mild TBI may not have serious long-term effects, a moderate or severe TBI can significantly impact the victim’s life forever.
Another way that brain injuries are broken down is based on the nature of the injury. There are two main types in this regard:
- Closed brain injuries
- Penetrating brain injuries
The differentiating factor between these two types is whether there is a break in the skull. For example, a gunshot that pierces the skull and brain would fall under the second type listed above.
Other ways brain injuries are categorized include whether the injury is located within a specific part of the brain (focal) or whether it impacts multiple areas of the brain (diffuse).
Long-Term Consequences of Brain Injuries
Considering the importance of the brain on a person’s ability to function, an injury can have serious long-term consequences. These include the following:
- Psychiatric changes
- Personality changes
- Social difficulties
- Communication difficulties
- Sensory deficits
- Cognitive deficits
- Motor deficits
At their worst, brain injuries can result in a coma or even death. If you have recently lost a close family member due to a brain injury caused by someone else, we can help you file a wrongful death claim to pursue justice.
Causes of Brain Injuries
According to the CDC, the most common causes of brain injuries are falls, car accidents, and assaults. However, they have the potential to occur after just about every type of personal injury accident.
No matter the severity of your brain injury and how it took place, you may have legal options available to you to receive compensation. We encourage you to contact our law office with any questions you may have. Your initial consultation is free, and you will not be under any obligation to hire us afterward.
Common Causes of Brain Injuries
Brain injuries have many potential causes. According to the CDC, some of the most common causes of brain injury include:
- Falls
- Car accidents
- Assaults
While these types of incidents are especially common, brain injuries actually have the potential to occur after just about every type of accident. Whenever there is a blow to the head, injury could result — and it can have long-lasting consequences as brain cells generally do not regenerate once they have been damaged.
It is important to determine exactly what the cause of your brain injury was, because if someone else was at fault for it, you may have legal options available to you to receive compensation. You would need to prove, however, that some person or entity was negligent or engaged in intentional wrongdoing that was the direct or proximate cause of your brain injury.
For example, if another driver made an unsafe turn, causing a car accident that threw you from your vehicle and caused you to strike your head, this would be an example of a situation where that driver caused your brain injury. The driver could be held legally liable for compensating you for the resulting damage.
A San Antonio brain injury attorney at George Salinas Injury Lawyers can help you examine the circumstances leading up to your accident and can help you determine who could be held accountable for the harm that you have experienced.
In some cases, there may have been more than one cause of your brain injury. For example, your own actions may have played a part, but someone else may have shared responsibility as well. In those circumstances, modified comparative fault rules apply in Texas.
According to Texas Code Section 33.001, “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.” This means that as long as the other party was the one primarily responsible for your brain injury, you can take legal action against them as long as you can prove that they were the leading cause.
You will have your damages reduced if you partly caused your own accident, with Texas Code Section 33.003 stating that the “trier of fact.” has the responsibility to assign blame. If you were 20% at fault, for example, you could recover compensation for 80% of your damages from the person or entity that bore the rest of the blame for causing your brain injury.
We encourage you to contact our law office with any questions you may have about how you can hold someone accountable for causing you harm. Your initial consultation is free, and you will not be under any obligation to hire us afterward.
Brain Injury Symptoms
A brain injury has many potential symptoms, depending on how severely your brain is impacted. Symptoms of a mild traumatic brain injury can include:
- A bad taste in your mouth
- A feeling of fatigue or lethargy
- Altered sleep patterns
- Briefly losing consciousness
- Changes in your mood or behavior
- Confusion
- Difficulty concentrating or paying attention
- Feeling dizzy or lightheaded
- Headaches
- Impaired thinking
- Memory problems
- Ringing in the ears
- Vision problems including eye fatigue or blurriness
In some cases, when you suffer a severe brain injury, you will also experience additional symptoms as well. Some of the potential symptoms of a severe brain injury include:
- A headache that will not go away or progressively worsens
- An inability to wake up from sleep
- Arm weakness
- Convulsions
- Dilated pupils in one or both eyes
- Increased agitation
- Increased confusion
- Increased restless
- Lack of coordination
- Leg weakness
- Numbness in the limbs
- Repeated nausea or vomiting
- Seizures
- Slurring speech
Symptoms can persist for long periods of time, and can result in impairment of your ability to work or function. Your quality of life is often adversely impacted, and in some cases, your relationships with loved ones suffer — especially if your traumatic brain injury causes mood or behavioral changes.
It is important that you document all of the symptoms that you experience. You should report all health issues to a medical professional as soon as possible when you begin experiencing problems and should make certain your doctor keeps detailed medical records. It may also be advisable to keep a pain journal and record any discomfort or issues that you are experiencing.
Documenting the consequences of your brain injury is critical because you should be “made whole” for any and all losses that you endure due to the damage the defendant caused you. If you can prove how severely you were harmed, you will have an easier time getting the full and fair compensation that you deserve.
What to Do After a Brain Injury in Texas?
If you suffer a brain injury in Texas, the first thing that you should do is to get prompt medical help. Sometimes, your injuries will continue to get worse after the initial blow to the head as swelling and inflammation occur. You need to be monitored medically and receive comprehensive care to prevent tragic outcomes when you have sustained an injury to the head.
Remember to have your doctor document your injuries so that you will be able to prove that they happened as a result of the defendant’s negligence or wrongdoing. You should also undergo recommended treatments because you don’t want any claims made by the defendant that you caused or worsened the injuries that you experienced.
The person who harmed you should be responsible for covering medical costs, so don’t hesitate to follow your doctor’s recommendations for getting care. Just be sure that all of the costs and bills are appropriately documented to ensure you get the money you need.
In addition to getting medical help, it’s important to get legal help as well. A San Antonio brain injury lawyer at George Salinas Injury Lawyers will offer you the advice and advocacy you need throughout your claim. Recovering from a brain injury is hard under the best of circumstances and the last thing you need to be doing is worrying about your legal case. You should let your attorney protect your rights and focus on recovering.
George Salinas Injury Lawyers has a solid legal team with more than 110 years of collective experience fighting for the rights of victims who were catastrophically injured. We know the ins and outs of these complex cases and we will do everything possible to help ensure you maximize the monetary payments the defendant provides for the damage done to your brain.
After a Brain Injury in San Antonio, What Types of Damages Can I Recover?
Texas law allows you to recover two forms of compensatory damages, which are referred to as economic damages and non-economic damages.
Economic damages are given to make up for your financial losses, including things like:
- Lost wages
- Decreased earning capacity
- Rehabilitation
- Medical bills and out-of-pocket expenses
Non-economic damages are awarded for the other, more difficult-to-quantify consequences of a brain injury. Examples include:
- Mental health conditions such as anxiety or depression
- Loss of consortium
- Pain and suffering
- Emotional distress
In rare cases, punitive damages may also be awarded. These damages are meant to “punish” the at-fault party for their conduct when they have acted egregiously, such as with extreme recklessness or an intention to cause severe harm.
How Valuable Is My San Antonio Brain Injury Case?
Because brain injuries can be some of the most serious in personal injury law, these cases can have a relatively high value. In general, cases involving especially harmful, consequential injuries are worth the most. Other factors that could influence the value of a case include, but are not limited to, the age of the victim, the availability of evidence in support of the claim, and the nature of the at-fault party.
Ultimately, no two cases are completely alike and must be evaluated based on the facts and circumstances involved. For that reason, the best way to know the value of your case is to contact a San Antonio medical malpractice lawyer for a free consultation. More pertinent information can be provided at that time.
How Much Time Do I Have To File a Brain Injury Claim in San Antonio, Texas?
The Texas statute of limitations for personal injury cases is generally two years from the date of the accident. Filing a claim on time after a brain injury in San Antonio is of the utmost importance; if you submit your claim too late, you will likely forfeit your chance at compensation from the responsible party.
Because there are exceptions that apply in some cases that allow victims additional time to file their claims, you should feel free to contact us if you would like clarification of the deadline for your situation.
Contact Our San Antonio Brain Injury Attorneys Today for a Free Case Review
If you’ve sustained a brain injury in San Antonio, you and your family are likely experiencing a number of difficult consequences. During this trying time, the last thing you should have to be concerned about is how you’ll pursue compensation.
Hiring George Salinas Injury Lawyers will allow you to focus on your medical recovery. In the meantime, our San Antonio brain injury attorneys will leave no stone unturned in pursuit of a settlement or award that is fair and just.
We also work on a contingency fee basis. You can hire us without paying anything upfront, and we only receive attorney’s fees if we secure compensation for you. So if we don’t win, you don’t pay.