The Colony Traumatic Brain Injury Lawyer
Severe trauma to the head can often leave a person and their family permanently impacted. Rehabilitation and recovery are expensive, and in some cases, cognitive impairment does not improve, making an injury even more devastating.
If a physician diagnoses you with TBI after an accident caused by someone else in The Colony, a traumatic brain injury lawyer may be able to assist you in recovering the money you need for your care. An experienced injury attorney could gather and preserve evidence, negotiate with insurance companies, and guide you through every step of the legal process.
What is a Traumatic Brain Injury?
While people often associate sports injuries with traumatic brain damage, anyone who experiences trauma to the head can suffer from a TBI. Brain injuries do not always present themselves right away, but can result in devastating harm, even death, if left untreated. People should always seek immediate medical attention after suffering harm to their head. Some signs that someone suffered a TBI include:
- Excruciating headaches
- Dizziness and inability to focus eyes
- Slurred speech
- Numbness, tingling, or paralysis in the fingers, toes, arms, or legs
- Inability to concentrate
- Any change in normal behavior
Recoverable Losses After Suffering Brain Damage
Someone who suffered a TBI due to another person’s actions can seek compensatory damages for their economic losses, such as lost wages, medical bills, and ongoing therapy and care. They can also seek non-economic damages for pain, suffering, and loss of consortium.
Texas allows punitive damages in rare cases in which the defendant’s acts are egregious or malicious. For example, if a person suffered a TBI in a collision with a drunk driver, an attorney in The Colony could encourage punitive damages be awarded.
Proving Negligence in a TBI Case
Traumatic brain injury lawsuits fall require the injured party and a knowledgeable attorney in The Colony to establish that a defendant was negligent. To successfully prove negligence, the claimant must show four elements:
- The defendant had a duty to the claimant to act reasonably
- The defendant breached that duty
- The claimant suffered compensable harm
- The defendant’s actions were the legal and proximate cause of the harm
Modified Comparative Negligence
Sometimes a claimant who is severely injured is partially at fault for the accident. The Colony follows the theory of modified comparative negligence. This allows a claimant to still recover damages, so long as they are less than 50 percent at fault for the incident.
A court will hear the evidence and assign a percentage of blame to both the claimant and defendant. A claimant’s overall recovery will be reduced by the percentage of blame a court assigns to them. However, if they are more than 50 percent at fault, they will be barred from recovery.
Statute of Limitations in The Colony
The statute of limitations is the legal time limit a claimant has to file a personal injury lawsuit. For civil matters, The Colony residents and their attorneys have two years from the date of the accident to file their traumatic brain injury claim. Filing as early as possible is important to make sure an attorney has time to build a solid case.
Speak with a Traumatic Brain Injury Attorney in The Colony
A traumatic brain injury can make handling legal matters especially challenging. If another person’s actions caused you to suffer a TBI in The Colony, a traumatic brain injury lawyer could help. A compassionate attorney could handle the legal proceedings so you can focus on your recovery. Call today and schedule your free case consultation.