If you or your loved one suffered a brain injury because someone else acted carelessly, Texas law allows you to hold them liable for your damages. You may be able to file an insurance claim or personal injury lawsuit to recover compensation for your medical bills, pain and suffering, and other injury-related losses. A traumatic brain injury lawyer in Pearland can help.
The team from D. Miller & Associates, PLLC, can help you hold the person who caused your brain injury responsible for their actions. We offer free case reviews and can explain your options for compensation. We can handle the entire claims process for you, while you focus on healing.
Call us today at 713-850-8600 to learn more.
Damages Available in a Traumatic Brain Injury Claim
Without reviewing the specific details of your case, it is impossible to tell you exactly how much you may recover in damages. Much of this depends on your injury, your treatment, and any lasting effects. For example, if your loved one requires regular nursing care and around-the-clock supervision, you will likely have a much larger payout than someone who suffered a minor concussion.
Some of the most common damages we can recover include:
- Medical care costs;
- Inpatient rehabilitation and outpatient therapies;
- Lost wages;
- Loss of future income, if you cannot return to work;
- Home health care expenses;
- Other ongoing care costs;
- Future medical needs;
- Property damage;
- Wheelchairs or other mobility aids;
- Any prescribed adaptive equipment;
- Wheelchair lifts, ramps, or other similar home renovations;
- Other out-of-pocket costs related to your traumatic brain injury; and
- Your pain and suffering damages.
How a Lawyer Can Help
The first step in winning a payout is determining the laws that apply to your case. Brain injuries occur in many different ways, and the claims process may differ somewhat based on how it happened and who caused it. When you meet with us for a free case evaluation, we can explain the applicable laws and help you understand the impact they have on your claim.
Some of the most common laws and statutes we deal with in traumatic brain injury cases include:
- Auto liability insurance laws;
- Personal injury laws;
- Premises liability laws;
- Medical malpractice laws;
- Strict liability doctrine; and
- Vicarious liability doctrine.
Once we understand the laws that govern how we fight for compensation on your behalf, we will launch an investigation into the incident that caused your brain injury. As a part of this investigation, we will:
- Identify the evidence in your case;
- Interview witnesses, review videos, and analyze photos;
- Work with accident reconstruction specialists and other experts to understand how your injuries occurred;
- Determine the identity of any at-fault parties and their role in your injuries;
- Show the at-fault parties acted negligently;
- Demonstrate how their negligent behavior caused your injuries; and
- Collect your bills, receipts, and other documentation to show the full scope of your damages.
Once we conclude our investigation, we typically file an insurance claim against the liable party and request fair compensation to cover your damages. Because we took the time to build a solid case, the insurance company is often willing to work with us and negotiate a fair settlement agreement.
Only if the insurance company refuses a fair settlement will we file a lawsuit and pursue further legal action against the liable party. This is rarely necessary, but if that is the only way we can get you the money you need, we are not afraid to take your case to court.
Statute of Limitations on Filing a Lawsuit in Texas
Texas law gives you two years to take the liable party to court in any personal injury case. The clock usually begins ticking when your injury occurs. If you do not file a lawsuit during this two-year period, the court will likely bar you from filing one at a later date.
The statute of limitations only applies to filing a lawsuit, but it is important we keep it in mind when pursuing an insurance claim, too. Knowing we can take your case to court gives us an upper hand when it comes to fighting for the full payout you deserve. Insurers do not want to face an expensive lawsuit, so we can often negotiate a fair settlement without needing to go to court. If an insurance company knows our time expired, we lose our leverage to negotiate a fair agreement to cover your damages.
Common Causes of Traumatic Brain Injuries
Often, we get calls from people who are not sure they have a valid traumatic brain injury claim. They do not know if compensation is a possibility, or if another person’s negligence caused their injuries. In many cases, we are able to uncover evidence to show that another party is liable and recover compensation for these clients.
If you have questions about your situation, do not hesitate to call us. We can offer advice on:
- Slips, trips, and other falls;
- Unmarked hazards;
- Car accidents;
- Truck crashes;
- Motorcycle wrecks;
- Bicycle collisions;
- Pedestrian accidents;
- Boat accidents;
- Bus crashes;
- Violent, intentional, and criminal acts;
- Medical malpractice cases;
- Defective product injuries;
- Swimming pool accidents; and
- Other types of injury accidents.
Talk to a Pearland Brain Injury Lawyer About Your Case
If you suffered a traumatic brain injury in Pearland, an attorney from D. Miller & Associates, PLLC, may be able to help you hold the at-fault parties responsible and collect compensation on your behalf. We can file an insurance claim or a civil suit to recover money to pay for your accident-related expenses and losses.
We offer free case evaluations for brain injury victims. We can review your legal options and help you pursue the money you need and deserve. Call us today at 713-850-8600 to learn how we can help you.