If your brain injury occurred because of someone else’s careless or negligent actions, you may be eligible to collect compensation to cover your medical bills, pain and suffering, and your other injury-related losses. A traumatic brain injury lawyer in Sugar Land can help you file an insurance claim or a lawsuit against the liable party, holding them responsible for the damages they caused.

If you believe another person’s negligence caused your traumatic brain injury, or if you have questions about your legal rights after suffering a brain injury in Texas, the legal team from D. Miller & Associates, PLLC, can help. Call us today at 713-850-8600 for a free consultation and case review.

Damages in a Traumatic Brain Injury Action

The damages we may be able to recover for you on your behalf vary based on how your accident occurred, the severity of your brain injury, and other details of your case. After we identify the liable party, we can request a wide variety of damages from their insurance company or ask the court to award you a payout. Some of the most common damages we recover for our clients include:

  • Medical bills;
  • Current lost wages;
  • Loss of future income, if you cannot return to work;
  • Ongoing care costs;
  • Future medical needs;
  • Property damage;
  • Wheelchairs or other adaptive equipment;
  • A wheelchair lift on a van or truck;
  • Required home renovations for accessibility;
  • Any other financial losses related to your traumatic brain injury; and
  • Your emotional losses, such as pain and suffering.

Occasionally, when we file a lawsuit and a judge makes the decision on how much compensation you recover, we can ask them to include punitive damages. While this is rare, it provides a way to punish the person who caused your accident and injuries. Courts award punitive damages when the liable party intentionally caused your accident or acted in a particularly careless way. This can significantly increase the payout in your case.

The Role of an Attorney in a Traumatic Brain Injury Case

When you call us and ask us to help you recover the compensation you deserve, our goal is to ensure you get the maximum payout available. We will fight for a fair settlement or we will file a lawsuit against the liable party.
Because traumatic brain injuries occur in a wide variety of ways, understanding the laws that apply to your case can be difficult. Depending on how your injuries occurred, some laws and statutes that might apply include:

  • Automobile insurance laws;
  • Premises liability statutes;
  • Medical malpractice;
  • Strict liability doctrine;
  • Vicarious liability laws; and
  • Personal injury

Our legal team knows how to determine the area of law applicable and how it affects your case. We can help you understand the insurance claims process and guide you through the steps to get the money you deserve. These steps include:

  • Identifying the at-fault party;
  • Collecting evidence to prove they acted negligently;
  • Filing an insurance claim based on the at-fault party’s liability policy; and
  • Attempting to negotiate a fair settlement on your behalf.

Most traumatic brain injury cases stem from a negligent act. To prove negligence and proceed with a case against the liable party, we must:

  • Show the at-fault party had a responsibility to act in a reasonable manner, to follow certain laws, or to prevent you from suffering injuries from known hazards;
  • Collect evidence to show your injuries occurred because of their negligent behaviors;
  • Prove the full range of damages you suffered and request fair compensation to cover them all; and
  • Negotiate a fair settlement or file a lawsuit to collect the maximum compensation possible on your behalf, based on the details of your injury.

We have the courtroom experience necessary to litigate your case, if that becomes necessary. For most of our clients, we can avoid the courtroom and collect fair compensation by filing an insurance claim and negotiating with the insurer. Only if the insurance company refuses a fair settlement do we need to file a lawsuit on your behalf and request a judge to award the payout you deserve.

Statute of Limitations on a Sugar Land Traumatic Brain Injury Lawsuit

Texas law generally gives you two years to file a lawsuit and collect compensation to cover your losses related to your traumatic brain injury. While this statute of limitations only applies to filing a lawsuit, the deadline also plays a key role in the timeline for filing an insurance claim.
When we file an insurance claim on your behalf, we will fight for a full payout based on the details of your case. The knowledge that we can file a lawsuit at any time may provide extra motivation for the at-fault party’s insurer to offer a fair settlement. If we allow the deadline to pass, it could significantly impair our ability to recover the compensation you deserve.

Common Traumatic Brain Injury Causes

Even if you are not certain another person caused your traumatic brain injuries, we can review the facts of your case and explain if negligent actions played a role. Some of the most common ways we see negligence cause head injuries include:

Reach out to a Traumatic Brain Injury Lawyer in Sugar Land

If you are struggling to recover from a traumatic brain injury, the attorneys at D. Miller & Associates, PLLC, may be able to pursue compensation to cover your accident-related expenses, losses, and other costs. For a free case evaluation, call our legal team today at 713-850-8600. We can review the facts of your case, explain your options for compensation, and help you get the money you need and deserve.