When someone else’s negligent actions cause you or a family member to suffer a serious injury, Texas law allows you to hold them financially responsible. Traumatic brain injuries can occur after car accidents, slip and falls, and other negligence incidents. If someone else caused your injury, your case might support a liability insurance claim or personal injury lawsuit. A traumatic brain injury lawyer in Port Arthur can help you understand your options for compensation.
The lawyers from D. Miller & Associates, PLLC, may be able to help you recover the money you need to cover lost wages, pay medical bills, and ensure you can afford ongoing care costs. Our team offers free case evaluations and can explain the strength of your claim. If we believe you have a strong case against the liable party, we can work with you on a contingency basis. You will not need to pay us any legal fees unless we win a payout for you.
Call a Port Arthur attorney today at 713-850-8600 to get started.
Damages Available in a Port Arthur Traumatic Brain Injury Lawsuit
After we complete a full investigation and understand the losses you experienced, we can estimate the value of your claim. The compensation paid out in this type of case depends heavily on the treatment you required, the severity of your injury, and your level of lasting impairment.
Some of the most common types of damages recoverable in a serious traumatic brain injury case pay for:
- Emergency transportation from the accident site;
- Hospitalization, surgery, and other medical treatment;
- Inpatient rehabilitation;
- Outpatient therapies, including physical, speech, and occupational therapies;
- Ongoing care costs, such as home health services;
- Lost wages;
- Diminished or lost earning capacity;
- Property damage, when applicable;
- The cost of any prescribed medical equipment;
- Related out-of-pocket costs; and
- Pain and suffering damages.
In addition to these compensatory damages, a case that goes in front of a judge could also result in punitive damages. A judge awards punitive damages if they believe the at-fault party acted in a particularly malicious or grossly negligent way. These damages punish the negligent party by asking them to pay significant compensation to the victims they hurt. For example, if your injury occurred in a drunk driving accident, the judge may order the inebriated driver to pay punitive damages because of their behavior.
Recovering Compensation Under the Insurance Claims Process
The process required to get compensation for your brain injury can be complex. We need to evaluate your case to determine the applicable laws, and then investigate the circumstances surrounding your accident and injury. During our investigation, we will:
- Confirm the identity of the liable party;
- Prove they acted negligently;
- Demonstrate their negligent actions caused your injury; and
- Document the full range of your related losses and expenses.
We will take a number of steps to collect and analyze as much evidence as possible and build a strong case for compensation. Our process often includes:
- Requesting copies of the police report or reports from other first responders;
- Recovering any known videos of the accident or photos from the scene;
- Assigning a survey team to document the accident site;
- Reviewing witness statements and conducting further interviews if needed;
- Working with accident reconstruction specialists, if necessary;
- Requesting copies of your medical records and reviewing them with experts; and
- Collecting your bills, receipts, and other documents that support a full payout.
After we have the evidence we need to prove negligence and liability, we are ready for the next step. In most cases, we will file an insurance claim based on the liable party’s coverage. Depending on the nature of your accident, you could qualify for payment from the at-fault party’s:
- Auto liability coverage;
- Homeowners liability insurance;
- Renter’s insurance;
- Business liability coverage; or
- Another insurance policy.
We will send a demand letter to the insurance company and attempt to negotiate a fair settlement agreement. Usually, this is how we resolve this type of case. We will not accept an agreement that does not compensate you fairly, however.
If we cannot get a fair settlement from the insurance company, we will not hesitate to file a personal injury lawsuit against the liable party.
Statute of Limitations for Traumatic Brain Injury Lawsuits in Texas
The statute of limitations gives us only two years from the date of your injury to file a personal injury lawsuit. If we miss this deadline, the judge will likely prevent us from taking any further legal action to recover compensation in this case.
For this reason, it is important for us to begin our investigation and file our insurance claim as soon as possible after an injury accident. Call us today to get started. This law will not limit our ability to pursue an insurance claim, but we can usually negotiate a better settlement when we still have the opportunity to file a lawsuit. If we wait until the statute of limitations has expired, the insurance company may be less willing to agree to a fair settlement for your damages.
Talk to a Traumatic Brain Injury Lawyer in Port Arthur About Your Case.
At D. Miller & Associates, PLLC, our traumatic brain injury team is here to help you try to recover the compensation you need after suffering a serious injury. We will review your situation and determine the validity of your case against the negligent party. If you have a strong case, we will take action immediately to investigate the circumstances, file an insurance claim, and try to negotiate a fair settlement agreement. If that is not possible, we can take your case to court and fight for a payout based on your damages.
Our lawyers provide complimentary case evaluations. We will listen to your concerns, answer your questions about your legal options, and offer advice based on the specifics of your case.
Call us today at 713-850-8600 to talk to a Port Arthur traumatic brain injury attorney about getting the compensation you need and deserve.