Traumatic brain injuries (TBIs) are, unfortunately, more common than many people realize. While it may seem they only occur in extreme accident situations, like car accidents, this is not the case.
While TBIs are seen in car accident victims, they can also occur if someone is hit on the head with something, during a slip and fall in a store, while playing sports, and more.
In Texas, for example, 2% of the population (over 380,000 residents) live with some form of a TBI. Each year, around 140,000 Texans develop a TBI, with over 5,700 experiencing some permanent disability.
These statistics show that this is not an occasional injury. When a TBI occurs, even minor injuries can be life-changing for the victim and their family.
At Patterson Law Group, our Arlington personal injury attorneys understand the impact of these injuries. We provide legal representation for those who have sustained a TBI due to someone else’s negligence.
The first step in seeking legal assistance is to contact our office for a risk-free consultation.
Understanding the Common Causes of Traumatic Brain Injuries (TBIs)
Traumatic Brain Injuries, or TBIs, are a serious public health concern. These injuries can lead to long-term physical, cognitive, and emotional challenges for individuals.
Our traumatic brain injury attorneys are ready to help you file a claim and recover compensation if you sustain a TBI due to another person’s or entity’s negligence.
Common causes of TBIs include (but are not limited to):
- Vehicle-related collisions: Often involving cars, motorcycles, and bicycles, these collisions can cause the head to strike objects with great force, leading to severe brain trauma.
- Falls from significant heights: Slip and fall accidents, especially from ladders, buildings, or other elevated surfaces, can result in direct impacts to the head.
- Sports injuries, particularly in high-impact or extreme sports: Activities such as football, boxing, and skateboarding increase the risk of concussions and other traumatic brain injuries.
- Acts of violence, including gunshot wounds to the head: Assaults or other forms of violence can cause penetrating or closed head injuries, often with devastating outcomes.
- Explosive blasts and combat injuries in military settings: Service members may be exposed to blasts that cause TBIs, either through direct impact or the resulting pressure waves.
- Strikes to the head by or against stationary objects: Workplace accidents or even home incidents where individuals hit their heads against solid objects can cause TBIs.
Understanding these common causes is necessary for anyone seeking to mitigate the risk of TBIs or navigating the aftermath of such an injury. Whether you are looking for preventative advice or legal representation after suffering a TBI, it’s important to consult with the personal injury attorney in Arlington from Patterson Law Group, who can guide you through the complexities of your case.
Types of Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) vary in severity and type, affecting individuals in different ways. Below are the primary types of TBIs, each presenting unique challenges and requiring different treatment approaches:
- Concussion: Often caused by a direct blow to the head, violent shaking of the head, or force from a whiplash-type injury. Concussions can cause confusion, blurry vision, and memory problems. While many people recover fully from concussions, repeated injuries can have long-term impacts.
- Contusion: This is a bruise (bleeding) on the brain, usually caused by a direct impact on the head. Large contusions may need to be surgically removed to reduce pressure inside the skull.
- Diffuse Axonal Injury (DAI): This type of injury occurs when the brain rapidly shifts inside the skull as a result of acceleration or deceleration, such as in a car crash. It can lead to widespread brain damage, coma, or death.
- Penetrating Injury: Results from an object piercing the skull and entering brain tissue, such as a bullet or shattered piece of skull. These injuries are severe and often result in significant functional impairment or death.
- Anoxic Brain Injury: While not caused by a physical impact, anoxic brain injuries occur when the brain does not receive enough oxygen. This can be a result of serious TBIs that disrupt blood flow and oxygen delivery to the brain.
Understanding the various types of TBIs is crucial for accurate diagnosis, treatment, and legal assessment. Each injury type involves different levels of medical care and rehabilitation, and in legal terms, they highlight the gravity and potential compensation required for recovery or long-term care.
Proving Liability in TBI Cases
Establishing liability is necessary to secure justice and compensation for victims in the complex legal proceedings for traumatic brain injury (TBI) cases in Texas. At Patterson Law Group, we understand the challenges of proving liability in TBI cases and are committed to navigating these complexities on behalf of our clients.
Establishing Negligence
To prove liability in a TBI, negligence must be shown on the defendant’s part. This involves showing that the defendant:
- Owed a duty of care to the victim
- Breached that duty
- The breach directly caused the injury
For instance, in vehicle-related collisions, it is necessary to prove that the other driver operated their vehicle recklessly or without regard to traffic laws. Our experienced legal team will gather evidence, including accident reports, eyewitness testimonies, and expert analyses, to construct a solid argument for negligence.
Comparative Fault in Texas
Texas follows a “modified comparative fault” rule, which can impact the compensation received in TBI claims. If the injured party is found to be partially responsible for the accident, their compensation can be reduced proportionally to their degree of fault, as long as they are not more than 50% responsible.
Demonstrating Direct Causation
Another essential aspect of proving liability is establishing a direct link between the defendant’s negligence and the injury sustained. TBIs can have a multitude of causes, and defendants may argue that other factors contributed to the injury.
Our legal team leverages medical specialist testimony and scientific evidence to prove that the TBI was directly caused by the incident in question, ensuring a clear connection is made between the defendant’s actions and the harm suffered by our client.
At Patterson Law Group, we are fully committed to guiding TBI victims through the intricate process of proving liability in Texas.
Types of Compensation TBI Victims May Receive
At Patterson Law Group, we are dedicated to fighting for our clients to receive the full compensation they are entitled to under Texas law.
Here are the types of compensation TBI victims may receive:
Economic Damages
These represent the tangible, out-of-pocket expenses associated with the injury, including but not limited to the following:
- Medical Expenses: This includes past and future medical bills, rehabilitation costs, medication, and any medical equipment needed to aid recovery.
- Lost Wages and Earning Capacity: If the TBI has resulted in time away from work or has impaired the victim’s ability to earn income in the future, compensation can cover these losses.
Non-Economic Damages
Often more challenging to quantify, non-economic damages compensate for the injury’s impact on the victim’s quality of life:
- Pain and Suffering: Compensation for the physical discomfort and emotional distress caused by the TBI.
- Loss of Consortium: Compensation awarded to the spouse of a TBI victim for loss of companionship and support.
- Mental Anguish: Recognizes the psychological impact of the injury, including depression, anxiety, and emotional distress.
Punitive Damages
In cases where the defendant’s actions were particularly reckless or egregious, punitive damages may be awarded. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar behaviors in the future.
Contact Our Traumatic Brain Injury Attorneys in Arlington for Assistance
After you are injured and discover you sustained a TBI, the situation can be overwhelming and confusing. We are here to help.
Contact our office to speak to our team and schedule a free, no-risk consultation.
