Can You File a Brain Injury Lawsuit?
Traumatic brain injury is serious – and it can affect you for the rest of your life. Fortunately, Texas law allows some people with traumatic brain injuries to file lawsuits against the person or company responsible for their injuries.
Could You Be Eligible to File a Brain Injury Lawsuit?
Brain injuries are some of the most common injuries people sustain. In fact, millions of people across the U.S. suffer them every year. The good news: If your TBI was the result of someone else’s negligence or wrongdoing, you may be able to sue and receive damages that help you pay for medical bills, pain and suffering, and other costs.
How Do People Get TBIs?
You can suffer a traumatic brain injury after a truck accident or car crash, a slip and fall or even as the result of a faulty product. Usually, people suffer TBI after a bump, blow or jolt to the head.
Unfortunately, though, the symptoms of a TBI aren’t always immediately visible. You may not even know you’ve suffered a brain injury for days or weeks – and by then, you may not associate the symptoms you’re experiencing with the original accident that caused it. While a concussion is the mildest type of traumatic brain injury, you could also suffer these symptoms:
- Headaches that get worse or don’t go away
- Nausea and vomiting
- Convulsions or seizures
- Slurred speech
- Weakness or numbness in the limbs
If you experience any of these symptoms, you need to talk to your doctor right away – and make sure you explain that you were involved in an accident. Depending on the severity of your symptoms, your doctor may use imaging tests, such as CT scans, to find out what’s happening inside your body.
What Happens in a Brain Injury Lawsuit?
When you discover that your injuries are due to someone else’s negligence or wrongdoing, you might want to talk to a personal injury lawyer who has extensive experience negotiating with insurance companies. Many TBI cases settle out of court, which happens when the attorney and the insurance company reach an agreement that compensates the victim fairly. When the parties can’t reach a settlement, the case may go on to court – and if that happens, a judge and jury will decide how much compensation the victim deserves.
Types of Compensation Available in Brain Injury Lawsuits
Compensatory Damages in a TBI Lawsuit
Compensatory damages is a term that refers to an amount of money the court can award you to make up for things like medical bills, continuing care and lost wages. If the court finds that the defendant is responsible for your brain injury, he or she can order them to reimburse you for your losses, as well as compensate you for things like mental anguish and loss of enjoyment of life.
Punitive Damages in a Brain Injury Lawsuit
Punitive damages, which are also called exemplary damages, are monies a court awards a victim as a way of punishing the responsible party. They’re not designed to compensate the victim as much as they are to make an example out of the defendant – they’re there to make an example out of the person or company responsible for the wrongdoing that caused your injuries.
You May Be Able to File a Brain Injury Lawsuit
If your traumatic brain injury was the result of someone else’s negligence or wrongdoing, Texas law says that you can sue. You could be entitled to financial compensation for what you’ve been through, so if you think you may have a case, it’s a good idea to get in touch with a personal injury lawyer as soon as possible. You only have two years from the date of your injury or the date that you discovered your injury to file a claim, though, so it’s in your best interest to talk to an attorney now.