Texas law allows you to file a claim or pursue a civil lawsuit if another person acted in a negligent or unreasonable manner and caused you or a loved one to suffer a traumatic brain injury. By taking action against the at-fault party, you may be able to recover a wide range of damages, including money to cover your medical bills, ongoing care costs, pain and suffering, and other injury-related losses. A traumatic brain injury lawyer in Baytown can help you navigate this process.
The legal team from D. Miller & Associates, PLLC, can help you get the compensation you deserve after a head injury. If you suffered a brain injury, we will review your case and help you understand the best option for compensation. If we believe you have a strong case against the negligent party, we will handle your claim on a contingency basis. This means you do not have to pay for our representation until we recover the payout you deserve.
Call us today at 713-850-8600 to learn how we can help you get the money you need, and you can get back to focusing on your physical recovery.
Recoverable Damages in a Traumatic Brain Injury Case
The damages available from a winning brain injury case depend heavily on the details of your case and the severity of your injury. Someone who suffered a minor cut and a concussion will generally receive a much smaller payout than someone who had a much more significant injury and now requires ongoing care.
In general, some of the damages you may recover if we win your claim include:
- Medical expenses;
- Inpatient rehabilitation and outpatient therapies;
- Home health care and other ongoing care costs;
- Future medical needs, such as additional surgery or procedures;
- Lost wages and loss of future income;
- Property damage, if applicable;
- The cost of wheelchairs or other mobility aids;
- Any prescribed adaptive equipment;
- Home renovations to support wheelchairs, walkers, or other requirements;
- Out-of-pocket costs related to your accident or injury;
- Wrongful death damages, if a loved one died after suffering a head injury; and
- Pain and suffering.
Winning a Traumatic Brain Injury Case in Baytown
Because brain injuries can occur in almost any type of accident, it can be difficult to know which laws apply to your case. We will review the facts of your accident and explain which laws we need to follow to recover the payout you deserve. This could include:
- Personal injury laws;
- Auto liability laws;
- Premises liability laws;
- Medical malpractice laws;
- Strict liability doctrine;
- Vicarious liability doctrine; and
- Tort claims or sovereign immunity laws.
The next step is to fully investigate the incident that led to your injuries, and do everything we can to collect all possible evidence to support your case. What we uncover will depend on the facts of your case, but you can expect us to:
- Request copies of the police report and other official documents;
- Visit the area where the incident occurred, or send a survey team to document the area;
- Interview any witnesses;
- Watch videos of the accident and analyze photos from the scene;
- Work with accident reconstruction specialists to understand what happened and why;
- Identify all parties who caused or contributed to your injuries; and
- Collect your bills, receipts, estimates, and other documentation to prove the value of your damages.
After we have a good understanding of what happened and who caused your accident, and we build a solid case for compensation, we file an insurance claim with the at-fault party’s liability insurance provider. We often do this by sending the insurer a demand letter outlining our case against its policyholder and providing adequate documentation of your damages. While insurance companies rarely pay the amount we initially demand, most will counter our demand with another offer. Insurers are usually willing to negotiate with us, and we are often able to reach a fair settlement out of court.
If an insurance company refuses to negotiate, or will not offer a fair settlement during negotiations, we are not afraid to file a lawsuit. In some cases, asking the judge to award you a fair payout is the only way to get the money you need and deserve.
The Statute of Limitations for Filing a Lawsuit
gives you two years to file a personal injury lawsuit and request the court award you compensation for your injuries. In the great majority of cases, this period begins the date your injury occurs. If the victim is a child or the injury was not discovered immediately, you may have additional time. However, the courts are unlikely to give you an extension without special circumstances.
Technically, this deadline only applies to litigating the case, not filing an insurance claim and attempting to recover compensation out of court. However, it plays a key role in negotiating a fair settlement with the at-fault party’s insurance company. Knowing we can file a lawsuit provides motivation and incentive to offer us the money you deserve based on our evidence of your damages. If we wait until our opportunity to sue passes, we lose this upper hand.
Talk to a Traumatic Brain Injury Lawyer in Baytown About Your Case
D. Miller & Associates, PLLC, may be able to help you hold the negligent party responsible for a traumatic brain injury. We can pursue legal action on your behalf, filing an insurance claim or a personal injury lawsuit. This may allow us to collect compensation to cover your injury-related expenses and losses.
If you have questions about the strength of your personal injury case, we offer free case reviews and consultations to clients in Baytown. We will evaluate your case and explain your legal options. Call us today at 713-850-8600 to get started.
Related Frequently Asked Questions
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- Are Truck Accident Claims More Difficult Than Car Accident Claims?
- How Do You Prove a Property Owner Was Negligent in a Premises Liability Case?
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- How Do You Know If You’ve Been Injured By a Defective Medical Device?