Celina Traumatic Brain Injury Lawyer
If a person suffers severe trauma to their head, it could result in a traumatic brain injury (TBI). These injuries could have permanent, life-changing consequences and often require extensive medical treatment. In some cases, a TBI can cause severe health issues that could render someone unable to work.
If you or a loved one suffered extreme trauma to the head, a Celina traumatic brain injury lawyer could review your case to determine your eligibility to receive compensation. A well-practiced catastrophic injury attorney will have the knowledge and experience to guide you through the litigation process and help hold the responsible party accountable.
Proving Liability in a TBI Claim
For a lawsuit to be successful in Celina, a claimant and an attorney must show that someone else’s negligence is responsible for the victim’s traumatic brain injury. To establish defendant liability, a claimant must prove four elements of negligence:
- Duty of care – a defendant must actively prevent causing harm to others
- Breach of duty – a defendant created a hazard by behaving recklessly
- Causation – the defendant’s reckless behavior caused an injury
- Damages – the injury sustained requires compensation
A dedicated attorney could collect evidence in the form of witness testimony, photographs, and video footage. Expert witness testimony could also strengthen a claim, with the expert explaining that the defendant’s actions proximately caused the accident. In addition, evidence such as medical records, brain scans, and testimony from a patient’s doctor could be submitted to prove that the individual suffered a traumatic brain injury.
Legal Limitations in Celina Severe Brain Injuries
Texas law establishes a proportional responsibility rule for personal injury claims. The rule is designed to limit the recovery of claimants whose negligence significantly contributed to causing the accident.
Under Texas Civil Practice and Remedies Code, §33.001, a claimant is not allowed to receive compensation if their share of the responsibility for the accident is greater than 50 percent. This determination is made by a court when determining whether the claimant’s share of the responsibility is enough to deny compensation.
If an individual is less than 50 percent responsible, then a claimant’s recovery may be limited to the extent their conduct contributed to the accident.
This rule could present a problem during litigation if the defendant’s lawyer finds enough support to raise this defense in court. Often, defense teams argue that the victims was to some degree responsible for the accident. A Celina traumatic brain injury attorney could develop a counterargument to ensure a claimant is compensated for their TBI.
Speak with a Celina Traumatic Brain Injury Attorney Today
Following a catastrophic brain injury, your life may be permanently changed. You could be suffering physical and emotional disabilities, along with unexpected financial burdens. A Celina traumatic brain injury lawyer could review your case and fight for your right to appropriate compensation.
Filing an injury claim is complicated, with certain legal statutes placing limitations on a claimant. However, a dedicated attorney could explain how the law impacts your case and guide you through the legal process. To schedule your first case consultation, call now.