Dallas Brain Injury Attorneys

Who Is Liable for a Traumatic Brain Injury in Texas

In Texas, liability for a traumatic brain injury (TBI) will depend on the specific circumstances surrounding the injury. Liability refers to legal responsibility for the harm caused to another person.

Here are some scenarios in which different parties may be held liable for a TBI in Texas:

• Motor Vehicle Accidents: If a TBI occurs as a result of a car accident, the driver at fault may be held liable for the TBI sustained by the victim.
• Companies: If the at-fault driver was on the job at the time of the accident, their employer may also be held liable under certain circumstances.
• Workplace Accidents: Companies may be held responsible if a TBI occurs in the workplace due to unsafe conditions, lack of proper safety measures, lack of proper supervision, or other negligent acts on the part of the company.
• Premises Liability: If a TBI occurs on someone else's property due to a hazardous condition (such as a wet floor, uneven surface, or inadequate warning), the property owner, controller, or occupier may be held liable for the injury.
• Assault and Violence: Individuals who commit acts of violence resulting in a TBI may be held civilly liable for the harm they cause.
• Product Liability: If a TBI is caused by a defective product, such as a faulty helmet or safety equipment, or a defective machine, the manufacturer or distributor of the product may be held liable for the injuries.
• Medical Malpractice: If a TBI occurs due to medical negligence, such as surgical errors or misdiagnosis, the healthcare professional or institution may be held liable for malpractice.

Need to discuss your case with a Dallas brain injury attorney? Call (844) 297-8898. We have handled ample amounts of personal injury cases.

Lifetime Costs of a Brain Injury

The brain is incredibly vital part of the body, but extremely delicate. Even a slight amount of damage can lead to long recovery times and the possibility of permanent physical, emotional, and financial consequences.

Financial Costs

The financial costs of a brain injury are perhaps the easiest to comprehend, but also the hardest to calculate. Brain injuries are unique in that it’s almost impossible to diagnose their true nature. How severe is it? What impact will it have in the short term, as well as the long term? Is a full recovery possible? Will there be lasting side effects? Each of these questions could have an impact on the financial damages sustained through this injury.

Medical Care

Brain scans, examinations, and medical procedures needed to properly treat a brain injury add up quickly, and can be financially devastating when care is measured in months or years. By some measures, the lifetime costs of treatment for a TBI are estimated to vary anywhere between $85,000 for a mild issue and $3 million for a more serious condition.

Lost Earnings

Compounding the financial impact is the potential loss of earnings of both the patient and the loved ones who may have to put their lives on hold to help provide medical care.

The average unemployment rate for adults two years after a TBI diagnosis is 60 percent. People who suffer from brain injuries may lose the ability to work in the same capacity as they did previously, meaning they may never be able to return to work again.

Non-Financial Costs

A TBI also has other costs that are not necessarily financial in nature. Pain and suffering and emotional trauma are two of the largest non-financial costs of TBI.

TBIs also can lead to other side effects, such as mood swings or changes in personality, which can have a dramatic and devastating impact on your personal and professional relationships.

FAQs About Brain Injury Claims

How do I prove liability in a brain injury case?

Proving liability in a brain injury case typically requires demonstrating that the defendant acted negligently or recklessly, leading to the injury. This involves establishing four elements: duty of care, breach of that duty, causation, and resulting damages. Evidence such as medical records, accident reports, witness statements, and expert testimony can help substantiate the claim.

What types of compensation can I recover for a brain injury?

Victims of brain injuries may be entitled to various types of compensation, including medical expenses, rehabilitation costs, lost wages, and future loss of earning capacity. Additionally, non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life may be awarded. In cases involving gross negligence or intentional harm, punitive damages may also be pursued.

How long do I have to file a brain injury claim?

The statute of limitations for filing a brain injury claim varies by state but generally ranges between 1 to 3 years from the date of the injury or the discovery of the injury. For cases involving medical malpractice or birth injuries, the deadline may be extended due to the delayed discovery of the harm. It is essential to consult with a brain injury attorney to ensure the claim is filed within the applicable time frame.

How is the value of a brain injury claim determined?

The value of a brain injury claim depends on several factors, including the severity of the injury, the extent of medical treatment required, and the long-term impact on the victim’s life. Economic damages such as medical bills and lost income are calculated objectively, while non-economic damages like pain and suffering are assessed based on the injury’s effect on the victim’s quality of life. Future costs for ongoing care and therapy may also be factored into the compensation.

Can family members file a claim if the victim is incapacitated?

Yes, if the victim of a brain injury is incapacitated and unable to pursue legal action, a family member or legal guardian can file a claim on their behalf. In some cases, a court may appoint a legal guardian to manage the victim’s affairs and ensure their interests are protected throughout the legal process.

What if my brain injury occurred at work? Can I still file a claim?

If a brain injury occurs in the workplace, the victim is generally entitled to workers’ compensation benefits, which may cover medical expenses and a portion of lost wages. However, if a third party, such as an equipment manufacturer or contractor, contributed to the injury, a separate personal injury claim may be filed to seek additional compensation.

How can an attorney help with my brain injury claim?

Our Dallas brain injury attorney can help by gathering evidence, consulting with medical experts, and negotiating with insurance companies to secure fair compensation. We will assess the long-term effects of the injury to ensure that future medical costs and lost earning capacity are factored into the claim. Additionally, our team will protect your rights and guide you through the legal process, increasing the likelihood of a successful outcome.

Resources for TBI Victims

For a resource section for traumatic brain injury (TBI) victims in Dallas, TX, you could include the following:

Medical Resources

• UT Southwestern Medical Center's Brain Injury Rehabilitation Program
  Renowned for its comprehensive care and rehabilitation for TBI patients. Offers inpatient and outpatient services.
  • Address: 5323 Harry Hines Blvd, Dallas, TX 75390
  • Phone: (214) 645-2080
  • UT Southwestern Medical Center
• Baylor Scott & White Institute for Rehabilitation – Dallas
  Offers specialized treatment for TBI, including physical therapy, cognitive therapy, and vocational rehabilitation.
  • Address: 909 N Washington Ave, Dallas, TX 75246
  • Phone: (214) 820-9300
  • BSW Rehab Dallas

Support Groups

• Brain Injury Network of Dallas (BIND)
  A local non-profit that provides peer support, vocational training, and social interaction opportunities for brain injury survivors.
  • Address: 1416 Gables Court, Plano, TX 75075
  • Phone: (972) 769-2463
  • BIND Support
• Texas Brain Injury Alliance
  Offers advocacy, information, and support for TBI survivors and their families across Texas. They can help connect you with local resources in the Dallas area.
  • Phone: (512) 910-8300
  • Texas Brain Injury Alliance

Financial Assistance

• Texas Health and Human Services – Disability Services
  Offers assistance programs for people with disabilities, including those affected by TBI. Services include Medicaid waivers, housing assistance, and vocational rehabilitation.
  • Phone: 1-855-937-2372
  • Texas Health and Human Services

Rehabilitation Programs

• Pate Rehabilitation
  Offers residential, outpatient, and transitional living programs tailored to individuals recovering from traumatic brain injuries.
  • Address: 3325 Pate Way, Dallas, TX 75261
  • Phone: (972) 241-9334
  • Pate Rehabilitation

Recommended Reading:

• Brain Injuries and Football: Understanding the Connection