If you or someone you love in Odessa has suffered a traumatic brain injury (TBI), it’s time to understand your legal options. TBIs can happen in various ways, often leading to significant life changes. Our traumatic brain injury lawyers in Odessa are here to help you through this challenging time.
Have you suffered a traumatic brain injury?
If you’ve suffered a traumatic brain injury (concussion, contusion, skull fracture, etc.) due to someone else’s negligence, you may be eligible to file a personal injury claim and pursue compensation. Contact the Odessa traumatic brain injury lawyers at Braker White today for a free case review.
You Have a Legal Right to Compensation
When you’ve been injured in an Odessa accident due to someone else’s negligence, you have the right to seek damages for your injury. We work hard to protect that right and get you the settlement you deserve.
We Work on Contingency
By working on contingency, we can offer compassionate and competent legal representation to our Texas neighbors without charging any upfront fees. You only pay if we win!
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Why Hire a Traumatic Brain Injury Lawyer?
Hiring an experienced Odessa personal injury lawyer for a TBI case is important because we understand the complex nature of these injuries. A lawyer can help you move your case through the legal system, gather necessary evidence, and work to ensure you receive fair compensation. Without a knowledgeable attorney, you might miss out on maximum compensation. Learn more about Braker White’s personal injury attorneys Robert White and Greta Braker.
Understanding Traumatic Brain Injuries
TBIs are serious and complex. They occur when a sudden trauma causes damage to the brain and can have a profound impact on a person’s life.
A TBI is a serious injury to the brain, often caused by force to the head. These can range from mild concussions to more severe head injuries that can cause permanent brain damage.
Examples of more severe head injuries include:
- Diffuse Axonal Injury (DAI): Occurs when the brain rapidly shifts inside the skull as a result of acceleration or deceleration, commonly seen in car accidents. It can cause tearing of brain tissue and disruption of neural connections, leading to a range of functional impairments.
- Coup-Contrecoup Injury: Occurs when the force of a blow causes the brain to strike the opposite side of the skull, resulting in bruising at both the site of impact and on the complete opposite side of the brain.
- Second Impact Syndrome: Occurs when a person sustains a second concussion before the first one has fully healed, leading to rapid and severe brain swelling. This head injury is more rare than others but very serious. It’s more common for these injuries to occur after another brain injury has gone undiagnosed/unreported.
- Hypoxic-Anoxic Injury (HAI): Caused by oxygen deprivation to the brain. Can result from other conditions and injuries that impair oxygen delivery to the brain, such as heart attacks, respiratory failure, or complications from general anesthesia.
- Skull Fracture / Penetrating Injury: Occurs when an object breaks the skull and, potentially, enters the brain tissue. These injuries are very severe, often resulting in significant damage to the brain and lasting (if not permanent) effects.
Many common symptoms could indicate a TBI. Contact a traumatic brain injury lawyer in Odessa if you experience any of these after an accident that caused impact to your head:
- Headaches
- Confusion
- Memory problems
- Dizziness
- Changes in mood or behavior
Sometimes TBI symptoms don’t show up immediately. Even if some time has passed since you hit your head, it’s best to contact your doctor and an attorney if you notice that any of these symptoms persist.
Traumatic brain injuries happen due to a variety of reasons. Vehicle accidents are a major cause, particularly those involving large vehicles like commercial trucks, 18-wheelers, and big rigs. These larger vehicles can cause more serious injuries due to their size and weight. Oil field accidents are also a common cause in Odessa, given the prominence of the oil industry in the area. These accidents can be quite severe due to the heavy machinery and hazardous conditions involved.
Falls, whether at home, work, or in public places, are another significant cause of TBIs. Even a simple slip and fall can result in a serious head injury, especially for older adults or in workplaces with unsafe conditions. Sports injuries also contribute to the incidence of TBIs. Contact sports like football or activities like cycling, where falls are common, can lead to head trauma.
Even if you, your employer, or a property owner takes every precaution to prevent serious accidents that could cause TBIs, such accidents can still occur. Understanding these common causes helps in identifying the liable parties and the context of the injury, which is important when seeking legal help and compensation. Each case brings different circumstances and challenges, making it essential to approach your case with a clear understanding of the underlying factors.
The long-term and permanent consequences of TBIs can deeply affect a person’s life. These injuries might lead to cognitive problems like having trouble thinking, concentrating, or remembering things. Physical issues can include constant headaches, difficulty with balance, and trouble with movement or coordination. Emotional changes are also common, like feeling more sad or angry than before or finding it hard to control emotions. In some cases, TBIs can even change a person’s personality. It’s important to consider these lasting effects when seeking compensation because they can impact every part of your life, from work to relationships with family and friends.
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Did You Suffer a Traumatic Brain Injury?
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Seeking Compensation for Traumatic Brain Injuries in Texas
Seeking compensation for traumatic brain injuries in Texas involves more than just filing a claim. It’s about proving how the injury has affected your life. This means showing the costs of medical treatment you’ve needed and might need in the future, the wages you’ve lost if you couldn’t work due to your injuries, and even future earnings lost if you can’t return to your job.
You have to think about how the injury has changed your daily life and activities, which is where compensation for pain and suffering comes in. Sometimes these injuries can affect your relationships and your ability to enjoy life like you used to, and those impacts matter, too. Seeking damages is about getting help for the entirety of how the injury has changed your life.
What Types of Compensation are Available to TBI Claimants?
Economic Damages
Economic damages are intended to cover the financial losses and expenses incurred as a result of an injury. Examples of economic damages include:
- Medical Expenses: hospital stays, treatments/surgeries, associated prescriptions, therapy and rehabilitation, necessary medical equipment, long-term care costs, etc.
- Lost Wages: Income lost due to the inability to work, loss of future earning capacity
- Other Financial Losses: Property damaged in the accident, costs for home or vehicle modification for disability, transportation to medical appointments, etc.
Non-Economic Damages
Non-economic damages are meant to compensate for the non-financial damages as a result of an injury. These damages can be more difficult to calculate but are just as valid as any other damages suffered. Examples of non-economic damages include:
- Pain & Suffering: physical discomfort and pain, emotional distress, and mental anguish associated with the injury
- Quality of Life: loss of enjoyment of life, loss of companionship or consortium (in cases of relationships)
- Emotional Impacts: depression or anxiety resulting from the injury, emotional trauma or post-traumatic stress
Punitive Damages
Punitive damages are awarded in cases where the liable party’s actions were especially reckless or negligent. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.
The damages you’re able to be compensated for will depend on the unique details of your case. Our attorneys will be able to provide a more accurate estimate of what you should be owed after reviewing your case. In many cases, the initial settlement offer from the insurance company is much lower than what you deserve.
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How to Prove Liability in a Texas Traumatic Brain Injury Case
To prove liability in a traumatic brain injury case in Texas, you must demonstrate that someone else’s carelessness or wrong action caused the injury. This means collecting a lot of evidence. You’ll need things like accident reports to show what happened, medical records to prove your injuries, and statements from people who saw the accident. Sometimes, you might also need to get expert witnesses to talk about how the injury has affected you or will affect you in the future.
All this evidence helps build your case to show that someone else is responsible for your injury and should pay for the harm they caused.
How to File a Lawsuit for a Brain Injury
Filing a TBI lawsuit in Odessa can be daunting. A traumatic brain injury attorney can help guide you through the process in detail. Here is a general overview of the steps to take:
- Consult with an attorney to discuss your case
- Gather and organize evidence
- Determine the liable parties
- File a legal claim within the statute of limitations
- Negotiate with the involved parties and insurance companies
- If necessary, take your case to court
It’s always best to hire a lawyer to help you through this process, as they can handle the more labor-intensive work of building your case, while also navigating the nuances and complexities of legal processes, so you can focus on your journey to recovery.
Texas Statute of Limitations for Traumatic Brain Injury Cases
In Texas, the statute of limitations for filing a lawsuit in traumatic brain injury cases is 2 years from the date of the injury. This deadline is critical, as failing to file within this period can result in losing your right to compensation.
It’s also important to act swiftly, considering that certain claims, such as those against the United States of America, Texas municipalities, or school districts, may have specific notice provisions with their own deadlines. Delaying action could potentially bar your claims.
Promptly consulting with a lawyer ensures timely compliance with these deadlines and allows for thorough preparation of your case, including gathering vital evidence and witness statements. Therefore, it’s recommended to contact a lawyer immediately after sustaining a traumatic brain injury to protect your legal rights and interests.
Trust Our Odessa TBI Attorneys to Secure Your Compensation
If you’re facing a TBI case in Odessa, let our compassionate and dedicated traumatic brain injury lawyers assist you. We’re committed to fighting for your rights and securing the compensation you need for your recovery and future well-being. Contact us today for a consultation, and take the first step towards getting the help you deserve.
Dealing with a TBI can be overwhelming, but you don’t have to face it alone. Our team is here to offer support and guidance throughout your legal journey.