When a traumatic brain injury happens, it can take a toll on every aspect of your life: your ability to work, think, and even care for yourself. If you experienced these injuries as the result of a car accident, it’s possible that you might have the right to pursue full compensation based on Texas law.
In this article, we are breaking down what you need to know about what this process looks like and why it makes sense to hire an experienced Texas car accident attorney to help with your case.
What Is a Traumatic Brain Injury (And How It Will Affect Your Life)
A traumatic brain injury (TBI) happens when there is a blow, jolt, or force that affects normal brain function. In a car accident, it often happens because of a violent impact or the way the brain is affected by rapid deceleration.
The effects of a TBI vary from one person to the next, depending on the severity of the accident and how the head was impacted. While a mild concussion can be more manageable, severe and permanent damage can also occur. The level of injury and how much your life is impacted by a TBI will have a direct effect on the value of your legal claim.
Even a “mild” TBI can result in long-lasting consequences that affect a person’s cognitive, emotional, and physical health. The problem is that insurers often try to minimize or dismiss a mild TBI, which reduces the amount of compensation available to help a victim who needs the support.
Your Legal Rights as a TBI Lawsuit Victim in Texas
It’s important to know that you have legal rights and can pursue a traumatic brain injury settlement in Texas. Four things need to be established in order to win your car accident brain injury claim: duty of care, a breach of that duty, causation of the accident, and the resulting injuries and damages.
While the driver is often at fault in a car accident, there might also be other liable parties involved, such as the vehicle manufacturer, a government entity, or the driver’s employer (if the driver was working at the time).
In the state of Texas, settlements are calculated based on modified comparative negligence. This means that you can only receive a settlement if you are less than 51% at fault for the accident. If you hold partial fault, then the amount of your settlement is decreased based on the percentage of liability that you are carrying.
So, it’s essential to find an experienced brain injury lawyer in Texas who can gather evidence and advocate on your behalf to reduce your liability as much as possible (which will maximize the compensation that you receive).
Traumatic Brain Injury Settlement Values in Texas
The amount of compensation you receive for a TBI settlement varies depending on the severity of your injuries and how much your life is affected. With the right evidence and negotiations, a mild TBI settlement can be hundreds of thousands of dollars. Moderate to severe cases can reach into the millions.
Some of the key factors that will affect the value of your claim include:
- The severity of your injuries
- Necessary medical treatment
- Lost earning capacity
- How clearly negligence is established
- Quality of evidence
Economic damages are easier to prove because there is more tangible evidence showing the cost of medical bills, lost wages, anticipated future care, and other related damages. But non-economic damages can be more challenging to prove, which can include compensation for pain and suffering, cognitive impairment, and a loss of enjoyment in life.
In the state of Texas, non-economic damages are not capped for standard personal injury cases. Your attorney can help with negotiating on your behalf to increase the value of your TBI claim.
The Biggest Challenge: Proving Negligence in a Traumatic Brain Injury Case
The unfortunate reality is that insurance companies are often proactive about trying to discredit claims in order to reduce the amount of money that needs to be paid. Your lawyer can offer recommendations about how to prove traumatic brain injury after a car accident, such as gathering the right medical evidence and details about how your life has been impacted by these injuries.
The challenge is that TBIs are often invisible on standard imaging. For example, a normal CT scan doesn’t rule out a more serious injury, and the insurer will be looking for ways to exploit this as a way to dispute your claim.
You need strong medical evidence to prove the severity of your TBI, including:
- Neuropsychological evaluations
- MRI with diffusion tensor imaging (DTI)
- Specialist documentation
- A detailed record of cognitive and behavioral changes
One common way insurers try to reduce the amount of compensation or even dismiss the claim altogether is by arguing that the symptoms are coming from a pre-existing condition. So you need to have evidence that ties the symptoms to the accident, showing how the results of the accident have caused medical complications and had a negative impact on your life.
Testimony from family members, coworkers, and friends can help to prove the behavioral and functional changes. We also recommend that you keep a journal to track symptoms such as headaches, memory problems, mood changes, and sleep disruption.
FAQs
What is the average settlement for a traumatic brain injury in Texas?
Mild TBI cases often have settlements ranging from $100,000 to $500,000. Moderate or severe injuries can have a lasting impact on your life, which means that the settlement could be in the millions, depending on the circumstances and evidence in the case.
Can I sue if I had a pre-existing head injury before the car accident?
Yes, even if you had a pre-existing condition that made you more vulnerable, the state of Texas has an “eggshell plaintiff rule,” which means that the defendant is still held liable for the full extent of harm.
How long do I have to file a TBI lawsuit in Texas?
The statute of limitations for TBIs is two years from the date of the accident. There are limited exceptions if the injury wasn’t immediately diagnosable or if a minor was involved.
Legal Help for Your TBI Lawsuit in Texas
The best decision you will make is hiring a legal team that has extensive experience with TBI accidents. Reach out to our team at Green Law Firm to learn more about your legal rights. Contact us right away to schedule your consultation: (956) 542-7000.
