Midland, TX brain injury attorneys

Have you suffered a brain injury?

If you or someone you love has suffered a traumatic brain injury due to someone else’s negligence, you may be entitled to compensation. Contact Braker White’s traumatic brain injury attorneys for a free case review.

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Midland Traumatic Brain Injury Lawyer

Navigating the aftermath of a traumatic brain injury (TBI) can be an overwhelming and complex process. In such challenging times, securing effective legal representation is pivotal to ensuring that you and your loved ones receive the support, care, and compensation you need. If you or a family member has suffered a TBI in Midland, Texas, understanding your legal options and rights is the first step toward recovery and justice. This is where our dedicated Midland traumatic brain injury lawyers come into play.

With over 50 years of combined experience and a deep understanding of both the medical and legal challenges posed by TBIs, we are committed to providing compassionate, comprehensive legal support. We understand that every TBI case is unique, and we tailor our approach to meet the specific needs and goals of each client.

Choosing the right Midland personal injury lawyer can make all the difference in your TBI case. Let us help you navigate this difficult journey with the expertise, dedication, and compassion you deserve. Contact us today for a free case review. You don’t pay us anything unless we secure the compensation you need.

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You Can Get Started Today

To pursue compensation for your traumatic brain injury, contact us today for a free case review. It only takes a phone call or a quick form submission. You don’t even need to leave the house!

You Have a Right to Compensation

When you’ve been injured due to someone else’s negligence, you have the right to seek damages for your injury. We fight to protect that right on your behalf, and secure the compensation you deserve.

You Only Pay If We Win

We work on a contingency, which means we can offer compassionate and competent legal representation to our Texas neighbors without charging any upfront fees.

Why Hire a Traumatic Brain Injury Lawyer?

Hiring a traumatic brain injury (TBI) lawyer can be the difference between receiving the full compensation you need, or not. A specialized TBI lawyer can provide invaluable assistance in navigating the legal, medical, and insurance complexities associated with TBI cases.

  1. Maximizing Compensation: TBI cases often involve significant medical expenses, long-term care costs, lost wages, lost earning capacity, and pain and suffering. Our TBI lawyers know how to calculate and negotiate for full compensation that covers both current and future needs, ensuring that victims and their families are financially secure.
  2. Navigating Legal and Insurance Complexities: TBI cases involve navigating a complex web of legal issues and insurance policies. Our TBI lawyers are adept at handling these complexities, including dealing with insurance companies that may be reluctant to offer fair settlements. We ensure that claims are properly filed, deadlines are met, and legal rights are protected.
  3. Proving Liability and Negligence: Establishing fault in TBI cases can be challenging. We have the resources and expertise to investigate the accident, gather evidence, and build a strong case to prove negligence on the part of the responsible party, which is fundamental to securing compensation.
  4. Litigation and Trial Experience: While many TBI claims are settled out of court, some require litigation to achieve a fair outcome. Our TBI attorneys have litigation and trial experience and are prepared to represent you in court, if necessary.
  5. Reducing Stress and Providing Support: Dealing with the aftermath of a TBI can be incredibly stressful for victims and their families without adding on the additional burden of legal proceedings. Having an effective TBI lawyer handle all legal aspects allows you to focus on recovery and rehabilitation, providing some peace of mind during these challenging times.
  6. No Upfront Costs: Our TBI lawyers work on a contingency fee basis, meaning we only get paid if we win your case. This allows you to pursue justice without worrying about upfront legal fees.
  7. Free Consultations: We offer free case reviews to give you the opportunity to discuss your case without any financial obligation. This initial consultation can provide valuable insights into the merits of the case and the legal process ahead.

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Put An Award Winning Lawyer On Your Side!

Types of Traumatic Brain Injury Cases We Handle

A concussion is a type of traumatic brain injury where the brain shakes inside the skull. The collision of the brain with the inside of the skull causes damage. Although concussions may be considered mild brain injuries since they are usually not life-threatening, their effects can be serious and long lasting.

Legally, concussions are recognized as injuries that can warrant compensation if they result from someone else’s negligence or an accident.

A Diffuse Axonal Injury (DAI) is a form of traumatic brain injury that occurs when the brain rapidly shifts inside the skull as an injury mechanism. This action can cause widespread tearing of nerve fibers (axons) throughout the brain. Medically, DAI is considered one of the most severe types of brain injuries, often leading to unconsciousness and a persistent vegetative state.

From a legal perspective, DAI injuries may result in significant compensation due to their severe impact on the victim’s quality of life and high medical costs.

A skull fracture is a break in one or more of the bones in the skull, typically caused by a forceful blow or impact to the head. Skull fractures can vary from simple, with no damage to the skin, to compound, where there may be lacerations to the skin or even protruding bones. Medically, the severity of a skull fracture can range from mild to life-threatening, depending on the extent of the injury.

Legally, skull fractures can form the basis of personal injury claims if they result from an accident or assault.

Brain swelling, or cerebral edema, refers to the increase in fluid in the intracellular or extracellular spaces of the brain, leading to increased intracranial pressure. This condition can result from various causes, including traumatic brain injury, infection, hypoxia, and strokes. Medically, it’s a critical condition that requires immediate treatment to prevent serious or fatal outcomes. Legally, brain swelling due to accidents or medical negligence might entitle the victim or their family to compensation for medical expenses, suffering, and other damages.

Brain damage refers to the destruction or degeneration of brain cells due to internal or external factors, such as trauma, lack of oxygen, or exposure to toxins. The severity can range from mild cognitive or physical impairments to severe, life-altering conditions. Legally, brain damage is a significant factor in personal injury cases, with potential for claims for medical costs, pain and suffering, loss of earnings, and future care needs, especially if the damage results from someone else’s negligence or an intentional act.

Compensation Available for Traumatic Brain Injury Claimants

If you’ve suffered a traumatic brain injury (TBI) due to someone else’s negligence, you may be entitled to various forms of compensation. This compensation can fall into 3 categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic damages are tangible losses that have a specific dollar amount associated with them. They are intended to cover the financial costs incurred as a result of the accident.

For TBI claimants in Texas, economic damages may include:

  • Medical Expenses: This can cover past, current, and future medical bills related to the brain injury. Examples include hospital stays, surgeries, medications, rehabilitation therapy, and any ongoing medical treatments.
  • Lost Wages: This is compensation for income lost due to the inability to work following the TBI. This includes wages lost during recovery and potential future earnings, if the claimant cannot return to their previous employment.
  • Home or Vehicle Modifications: Costs for necessary modifications to a home or vehicle to accommodate for any disability or limitations resulting from the TBI.
  • Assistive Devices and Rehabilitations: Costs for any medical devices, prosthetics, rehabilitation services, etc. needed to assist with the claimant’s recovery and daily activities.

Non-economic damages compensate for the intangible losses suffered by the TBI claimant. These are not easily quantifiable in monetary terms, and do not have a specific dollar amount associated with them, so dollar amounts must be determined.

For TBI claimants in Texas, non-economic damages may include:

  • Pain and Suffering: Compensation for the physical pain experienced as a result of the TBI.
  • Loss of Enjoyment of Life: Compensation for the loss of enjoyment of life, which covers the claimant’s inability to engage in hobbies, recreational activities, or other pleasures of life they enjoyed before the injury.
  • Emotional Distress: Compensation for psychological impacts such as depression, anxiety, and emotional suffering due to the TBI.
  • Loss of Consortium: Compensation awarded to the spouse or close family members for the loss of companionship, affection, and support due to the claimant’s injuries.

Punitive damages are not commonly awarded in TBI cases but may be considered in situations where the defendant’s actions were particularly reckless, negligent, or intentional. These damages are meant to punish the defendant for their wrongful conduct in order to deter similar behavior in the future. In Texas, punitive damages are capped and subject to specific legal standards and limitations.

Important Laws to Traumatic Brain Injury Cases

To navigate a traumatic brain injury case in Texas, you need to be aware of a couple important laws.

Statute of Limitations

The statute of limitations is a law that sets the maximum amount of time after an event within which legal proceedings must be initiated.

The Texas statute of limitations for personal injury cases (which includes TBIs) is 2 years from the date of the injury. This means TBI claimants have 2 years from the date of the injury to file a lawsuit against responsible parties. If you fail to file the lawsuit within this time frame, you will likely lose your right to seek compensation through the courts. (Texas Civil Practice and Remedies Code, Section 16.003)

Exceptions: In certain cases, exceptions to the statute of limitations may apply. For example, if the injured party was a minor at the time of the injury, the statute of limitations might not begin until they reach the age of 18 years. Additionally, if the injury was not discovered immediately, the statute might be extended to accommodate for the date of discovery. Learn more about the Texas statute of limitations and exceptions.

Texas’ Modified Comparative Fault

Texas follows a Modified Comparative Fault system (also known as proportionate responsibility), which can affect the amount of compensation a claimant can receive based on their degree of fault in the incident that caused the injury. (Texas Civil Practice and Remedies Code, Section 33.001).

51% Bar Rule: Under this rule, a claimant can only recover damages if they are found to be 50% or less at fault for the incident. The amount of compensation they are entitled to will be reduced by their percentage of fault.

Example: If a claimant is awarded $100,000 in damages, but is found to be 30% at fault for the incident, their compensation would be reduced by 30%, resulting in a final award of $70,000.

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Causes of Traumatic Brain Injuries

Traumatic brain injuries have a wide variety of causes. The most common causes we see for traumatic brain injuries in Midland include:

Whether your brain injury was suffered under these circumstances or not, Braker White can help with your case.

Long-Term Consequences of Traumatic Brain Injuries

Traumatic brain injuries can be among the most severe injuries anyone can endure, with potentially long-term consequences that can affect every aspect of someone’s life.

  • Memory Loss: Difficulty remembering new information or events.
  • Attention Deficits: Problems with focusing, multitasking, or sustaining attention.
  • Executive Dysfunction: Impairment in planning, problem-solving, decision-making, and executing tasks.

  • Motor Function: Weakness, coordination problems, and difficulty with balance and walking.
  • Sensory Impairments: Issues with vision, hearing, touch, taste, and smell.
  • Chronic Pain: Persistent headaches, neck pain, or pain in other parts of the body.
  • Fatigue: Increased need for rest and difficulty performing physical activities.

  • Mood Swings: Rapid and extreme changes in mood without a clear cause.
  • Depression and Anxiety: Feelings of sadness, hopelessness, or excessive worry that persist long after the injury.
  • Impulsivity and Aggression: Difficulty controlling impulses, which may lead to aggressive behaviors or outbursts.
  • Social Withdrawal: Losing interest in social activities or feeling overwhelmed in social situations.

  • Relationship Strain: Challenges in personal relationships due to changes in personality, mood, and behavior.
  • Employment Difficulties: Struggles with maintaining or obtaining employment due to cognitive, emotional, or physical impairments.
  • Financial Strain: Increased financial burden from medical expenses, rehabilitation costs, and potential loss of income.

  • Reduced Independence: Increased reliance on others for daily living activities and support.
  • Life Satisfaction: Decreased satisfaction with life due to ongoing health issues, financial strain, and social isolation.

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