Texas has personal injury laws in place that allow you to pursue legal action if another person acted negligently and you or an immediate family member suffered a traumatic brain injury as a result. If another person’s unreasonable or careless actions led to your brain injury, you may be eligible to file an insurance claim or lawsuit to collect the money you need to pay medical bills and ongoing care costs. A traumatic brain injury lawyer in Beaumont can help.
At D. Miller & Associates, PLLC, our personal injury lawyers are ready to go to work for you. We offer free case reviews and can explain your options for compensation based on the facts of your case. We handle most Beaumont brain injury cases on a contingency basis, meaning we will represent you for free until we recover compensation in your case.
Call us today at 713-850-8600 to learn more.
Recoverable Damages in a Beaumont Traumatic Brain Injury Lawsuit
The damages we can recover in a successful traumatic brain injury case depend on your losses and expenses, as well as the severity of your injury. Minor brain injuries that allow you to return to work quickly and cause few lingering effects will be worth less than severe brain trauma requiring significant hospitalization, inpatient rehabilitation, and in-home nursing care.
Some of the damages we will look at and collect evidence to document include:
- Ambulance transportation from the scene;
- Medical expenses, including hospitalization;
- Inpatient rehabilitation;
- Outpatient therapies;
- Home health care, and other ongoing care costs;
- Estimates of future medical needs;
- Lost wages and loss of future income if you cannot return to work;
- Property damage, if applicable;
- The cost of wheelchairs, lifts, and other mobility aids;
- Any prescribed medical or adaptive equipment;
- Home renovations such as ramps and widening doorways;
- Out-of-pocket costs;
- Pain and suffering damages; and
- Wrongful death damages, if a loved one died after suffering severe brain trauma.
Winning a Traumatic Brain Injury Insurance Claim or Lawsuit
While we generally discuss a traumatic brain injury under the umbrella of personal injury law, several other areas of law could apply to your case. This is one reason many people opt to discuss their case with a knowledgeable attorney before trying to file a claim on their own. When we review your case, we can explain other laws that might apply and how they affect how you pursue compensation. This could include:
- Texas auto liability laws, if a Beaumont car accident caused your injury;
- Premises liability laws;
- Strict liability doctrine;
- Vicarious liability doctrine; and
- Tort claims or sovereign immunity laws.
Once we understand how the law applies to your case, we need to launch a full investigation and get to the bottom of how your injuries occurred and why. This process will confirm the liable party or parties, as well as help us build a solid case against them. Some of the actions we will take to win compensation on your behalf include:
- Request copies of the police report, videos of the incident, and other evidence;
- Send a survey team to document the area where the accident occurred;
- Contact and interview any witnesses who may help our case;
- Analyze photos and videos from the scene;
- Work with accident reconstruction specialists and other experts;
- Collect your bills, receipts, estimates, and other documentation of the value of your damages;
- File an insurance claim based on the at-fault party’s liability insurance policy; and
- Negotiate a fair settlement with the insurance company, when possible.
While most insurance companies reject our initial request for compensation, they typically send another offer in return. This begins a settlement negotiation process that is usually successful. This is the most common outcome of Texas brain injury cases; we reach a settlement with the insurance company that covers your financial losses and provides a reasonable amount of compensation for pain and suffering.
In the rare case that the insurance company denies our claim or otherwise refuses to offer a fair settlement, we will not hesitate to take legal action. We will file a lawsuit against the liable party or parties, and ask the judge to award a fair payout on your behalf.
The Statute of Limitations for Traumatic Brain Injury Lawsuits in Texas
Under the Texas statute of limitations, you have two years to file a civil suit against the at-fault party and attempt to recover compensation for your traumatic brain injury and other damages. In most cases, the clock begins ticking the date your injury occurs. The only exceptions to this are if your injury took time to discover or if the victim of the injury was under the age of 18. The court will likely bar you from collecting compensation for your injuries through legal action if you wait too long and this two-year period expires.
The statute of limitations only applies to filing a lawsuit, not pursuing compensation through an insurance claim. However, it is imperative you file your insurance claim before your right to file a lawsuit expires. The knowledge that we are not afraid to take the at-fault party to court can provide important leverage in negotiating a fair payout. We lose this upper hand over the liable party if we no longer have the option to file a lawsuit against them.
Talk to a Traumatic Brain Injury Lawyer in Beaumont About Your Case.
At D. Miller & Associates, PLLC, our attorneys may be able to help you recover compensation for your injuries and hold the responsible party accountable. We understand how difficult it can be for the victim and their family after a traumatic brain injury. Let us take legal action on your behalf. We will file an insurance claim and negotiate a fair settlement, or take your case to court and ask the judge to award a fair payout.
If you have questions about the validity of your case, our team offers complimentary case reviews and consultations. We can look at the specific details of your case and explain your best options for compensation based on those details.
Call us today at 713-850-8600 to get started with a brain injury lawyer in Beaumont.
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