Houston Traumatic Brain Injury Attorney

Our world can change in an instant. A single moment, an unforeseen accident, and the trajectory of our lives can be altered forever.

For individuals who’ve suffered a traumatic brain injury (TBI), these life-altering moments can leave them and their families in physical, emotional, and financial chaos.

Traumatic brain injuries occur far more frequently than most people may imagine. The Centers for Disease Control and Prevention (CDC) states that there were approximately 214,110 TBI-related hospitalizations and 69,473 TBI-related deaths between 2020 and 2021.

If you’ve suffered head trauma, seeking legal help from a Houston traumatic brain injury lawyer is a crucial step in securing justice and fair compensation.  So, contact us to schedule a free consultation now.

What Is a TBI?

Traumatic brain injuries typically result from a violent blow, jolt, or penetrating head injury that disrupts the normal functioning of the brain.

More CDC research reveals that falls are one of the leading causes of TBI, especially among older adults and young children.

Understanding the Different Types of Traumatic Brain Injuries

TBIs can be classified as two types, including:

• Closed Head Injuries: Included in this category is any damage that occurs in the brain without any objects piercing through the skull or entering the brain
• Penetrating Head Injuries: This type of injury occurs when an object penetrates the skull and, oftentimes, into the actual brain

Signs Someone Has a Brain Injury

A 2024 StatPearls academic journal study published by the National Library of Medicine (NLM) states that a TBI may adversely impact both the short and long-term health of the victim, putting them at an elevated risk for permanent physical and behavioral disability, pain, and handicap.

Rehabilitation therapies, assistive devices, and technology have been shown to help some patients perform their daily living activities; however, a large number of those who have suffered a TBI are unable to improve their quality of life to what it was before their accident.

TBI survivors may face a wide range of symptoms, causing difficulty in various spheres of life, including:

Physical Symptoms

Some physical manifestations of brain damage may include:

• Headaches or a sense of pressure in the head
• Nausea or vomiting
• Fatigue and insomnia
• Increased sensitivity to noise and light

These physical symptoms are reminiscent of a mild concussion or severe migraines.

Cognitive Issues

Examples of issues with cognition a TBI patient may face include:

• Confusion or feelings of disorientation
• Forgetfulness
• Trouble concentrating or staying focused
• Speech impediments or trouble communicating
• Poor decision-making or judgment lapses
• Not feeling like oneself in general

Emotional and Behavioral Changes

Mental health concerns someone with a traumatic brain injury may experience include:

• Mood swings and emotional instability
• Irritability
• Feelings of depression
• Personality changes
• Recklessness and impulsivity
• Rapid “rollercoaster” mood swings
• Lack of interest in usual activities, social interactions, or hobbies

Sensory Issues

Impacts to your senses caused by a brain injury could include:

• Difficulty hearing, possibly leading to deafness
• Abnormalities in vision, like problems with object tracking, double vision, or blurred vision

Motor Control Issues

Factors affecting everyday functioning that may impact TBI survivors include:

• Weakness in limbs
• Localized paralysis
• Tremors and potential epilepsy
• Difficulty maintaining steady walking

Communication and Language Difficulties

Brain damage, depending on what portion of the brain it impacts, may lead to:

• Problems with the speech like slurred speaking or mumbling
• Trouble understanding conversations or finding appropriate words

By observing these signs, a traumatic brain injury can be identified early and dealt with accordingly, but not all TBI survivors will manifest all of these symptoms, and the level of difficulty with each can vary greatly.

Also, these signs may develop differently or become more apparent as time passes, depending on how quickly the body heals and responds to medication and therapies.

It’s also important to understand that symptoms of traumatic brain injury in children, as described by the National Institute of Neurological Disorders and Stroke, can be markedly different from those found in adults. According to the Texas Education Agency, around 6,000 children in our state find themselves hospitalized with TBIs each year. An estimated 1,300 of those youth sustain a long-term disability.

What To Do If You Suspect You or Someone Else Has Suffered a TBI

If you or someone you know experiences any of these symptoms after having a head injury, you should seek medical attention from a Level 1 Trauma Center right away.

With their lasting effects, early diagnosis and treatment of TBIs can also make a huge difference in the outcome and recovery process. A health care professional specializing in TBIs can determine the severity of the injury and offer some treatment and rehabilitation options.

This is the first of several crucial steps that should be taken immediately following a traumatic brain injury, per the Texas Health & Human Services Commission.

It really could be the difference between life and death.

The Long-Term Implications of a Brain Injury

There are significant long-term consequences of moderate to severe traumatic brain injury. TBIs can cause changes in a person’s physical, cognitive, emotional, and behavioral health.

Despite initial hospitalization and rehabilitation, about 50% of people with TBI may experience additional decline or even die within five years of the injury, also according to the CDC.

For those who survive moderate or severe TBI and receive inpatient rehabilitation, their life expectancy is nine years shorter. Along with that, this condition increases the risk of dying from drug poisoning, infections, pneumonia, and seizures. In terms of the latter, TBI survivors are also at higher risk of epilepsy and other brain disorders, according to a Translational Research in Traumatic Brain Injury study, also published by the NLM.

Individuals with moderate to severe TBI will continue to face chronic health issues. After the five-year point, many of these patients remain moderately or severely disabled. Also, most do not have a job and must rely on others for daily activities. These people often reside in nursing homes or other institutions.

The costs associated with TBI are also substantial. Other CDC research suggests that the combined costs for severe TBI survivors, including direct and indirect medical costs, reached $76.5 billion in 2010. Those costs have undoubtedly soared in nearly a decade and a half since, given how health care costs have significantly increased since that time.

Traumatic brain injuries can leave victims with a lifetime of pain, suffering, and expenses. Recovery often involves a comprehensive rehabilitation process, including extensive physical, occupational, and speech therapy to relearn lost skills and regain independence. However, they are not the only ones who will experience hardships. Often, family members will have to reduce their lives and work to care for their loved ones.

If you or a loved one have suffered from a traumatic brain injury caused by negligence, you may be able to recover compensation for your medical expenses and other losses. This is why you’ll want to get a Houston traumatic brain injury lawyer involved in your case as early as possible to start building your claim.

Legal Implications of Head Injuries Like These

Automobile insurance policies typically provide the primary cost of medical coverage, especially where traumatic brain injury occurs due to motor vehicle accidents.

Still, recent auto insurance laws may include greater restrictions on paying for medical expenses.

It’s important to understand the risks of buying a “basic” policy, as having the minimum required insurance coverage could result in extensive out-of-pocket costs if you’re involved in a car accident resulting in a TBI.

The Role of a Houston Traumatic Brain Injury Attorney

Injury lawyers like ours assist those with TBIs with the complexities of filing insurance claims and civil lawsuits.

However, dealing with insurance companies or defendants can be challenging in these cases. Traumatic brain injury attorneys are expert negotiators who fight for your rights and help you seek fair compensation to cover your losses and suffering.

Here are some of the key roles and responsibilities of a brain injury lawyer in Houston:

• Legal Consultation: First, a TBI lawyer meets with the survivor and their family to discuss in detail how the injury occurred and what legal remedies can be pursued.
• Evaluation of Liability: The lawyer will look into the event that caused the TBI to ascertain whether it had resulted from another person’s carelessness, e.g., a car accident, a slip and fall, medical negligence, or construction site injury.
• Gathering Evidence: Next, attorneys gather evidence such as medical files, motor vehicle reports, witness statements, and expert testimony to support their client’s cause.
• Calculating Damages: This entails evaluating both the financial and non-monetary losses suffered by a survivor of TBI. Including bills for treatment, rehab expenses, compensation for lost income, as well as pain, discomfort, and compromised standard of living.
• Negotiation: Lawyers frequently seek to settle with an insurer or defendant. Rigorous negotiations may occur before there’s an offer of any reasonable amount of compensation.
• Litigation: If the two parties fail to come up with a reasonable compensation agreement for injuries, then the lawyer could file a lawsuit on behalf of the TBI survivor and act as their representative in the court process. Litigation involves preparing legal motions, producing evidence, and convincing a judge and jury in court of one’s position.
• Advocacy: A personal injury lawyer acts on behalf of their client throughout the entire legal process, seeking justice for them and acting in their best interest.
• Expert Consultation: Attorneys can also involve specialists like medical professionals, vocational experts, etc., to support their case and show how a TBI has affected the survivor’s life.
• Settlement or Verdict: In case of success, the attorney will make sure that the survivor is properly compensated for their losses.

Compensation Available in Southeastern Texas TBI Cases

When pursuing compensation for traumatic brain injuries, various factors must be considered to determine how much financial support is necessary for the survivor’s recovery.

Compensation should, at a minimum, cover:

• Medical bills, including rehabilitation costs
• Long-term care expenses
• Loss of income
• Pain and suffering

Texas defines the latter as any kind of physical, mental, or emotional pain or anguish, loss of companionship, loss of enjoyment of life, or physical impairment.

The primary aim of securing any of the above-referenced damages is to provide the survivor with fair and essential financial resources to support their recovery and maintain their quality of life.

You Deserve the Assistance of Barrera Law Group LLC

If you or a loved one has experienced a head injury or brain damage, you need a strong ally in your corner.

A Houston traumatic brain injury lawyer on our staff will offer the necessary advice, direction, and knowledge to help you navigate through the legal system and fight to get you a fair settlement so that you can move on with your recovery and life.

The attorneys at Barrera Law Group LLC are here to support you and your family. Contact us for a free consultation today.