Houston Traumatic Brain Injury Lawyer

Houston Brain Injury Attorney

Personal injuries happen every day throughout Texas from various causes, but some are more damaging than others. A brain injury is one of the worst injuries that a person can suffer for several reasons. The brain is highly susceptible to physical trauma and cannot repair itself the same way as the rest of the body. This means that a brain injury has a high chance of causing permanent damage. Brain injuries are also unpredictable, capable of causing a wide range of symptoms that can be very difficult to treat. Some brain injuries manifest certain symptoms in the short term, only for these symptoms to worsen or evolve into more complex medical issues for the victim. Brain injuries also have a high chance of causing permanent disabilities.

If you believe that another party is responsible for inflicting a traumatic brain injury on you or a loved one in Houston, TX, it is crucial to know your rights and your legal options for holding them accountable. A personal injury claim is typically the most effective legal vehicle for seeking compensation for damages, but navigating any personal injury claim can be more challenging than the claimant initially expects. Additionally, if you are severely hurt, or are caring for a loved one who was severely hurt, splitting your attention between medical needs and legal proceedings can be extremely difficult.

A Houston brain injury attorney is an invaluable asset for anyone in this situation. The attorneys at Stevenson & Murray have successfully represented a wide range of personal injury claims in Houston, including catastrophic injury claims pertaining to traumatic brain injuries. Our team knows how devastating these injuries can be and the numerous medical and financial issues they can impose on a victim and their family. Our goal in every personal injury claim that we accept is to help our client maximize their recovery in the shortest possible timeframe. While your brain injury claim is likely to be significantly more complex than a standard personal injury case, we are confident in our team’s ability to guide you to a positive conclusion in an efficient manner.

Proving Liability for a Brain Injury in Houston

The first step in recovering compensation for the traumatic brain injury you or a loved one recently suffered is proving how the injury occurred. You need to identify the party responsible for the injury and then prove that their actions directly resulted in your claimed damages. Once you have proven fault for the accident, you can proceed with claiming compensation for the damages that the defendant caused.  A few of the most commonly cited causes of traumatic brain injuries in Houston that lead to personal injury claims include:

• Slip and Fall Accidents: If you fell and hit your head on private property, the property owner could face liability for your damages if they failed to address a foreseeable safety issue that directly caused the injury. Premises liability law requires property owners to maintain reasonably safe premises, fix known safety hazards as soon as they become aware of them, or at least warn lawful visitors of these hazards if they are likely to encounter them. It’s important to note that property owners do not owe this duty of care to trespassers or other unlawful visitors.
• Motor Vehicle Accidents: Vehicle accidents happen every day in Houston from a variety of causes, and these incidents are easily capable of causing traumatic brain damage and other injuries. If another driver’s illegal misconduct or negligence caused a traumatic brain injury, their auto insurance may only cover a fraction of the victim’s total damages. An experienced Houston traumatic brain injury attorney can help their client file their auto insurance claim and then build a comprehensive personal injury claim against the at-fault driver.
• Interpersonal Violence: While many personal injuries result from negligence or carelessness, some are the results of intentional and illegal misconduct. If another party caused a traumatic brain injury through any illegal act, they face criminal prosecution from the state alongside the civil claim from the victim. Penalties for criminal offenses like driving under the influence (DUI) and assault increase significantly when the defendant has caused a catastrophic injury to the victim.

These are only a few examples of how another party could bear fault for your traumatic brain injury. An experienced attorney can help you gather various forms of evidence and witness testimony to help you prove liability. You must identify the party who caused the injury, then prove that their intentional misconduct or negligence directly caused the brain injury in question and all associated damages. It is also necessary to prove that those damages did not result from any other cause.

Recovering Compensation for a Traumatic Brain Injury in Houston

The main objective of a personal injury claim is for the plaintiff to prove liability for their damages and hold the defendant accountable for those damages. Ideally, the compensation that the victim receives from a successful personal injury claim should make them as “whole” as possible again. Texas law allows the plaintiff in a personal injury claim to seek full compensation for all economic damages that the defendant caused, along with compensation for noneconomic damages.

Economic damages are more straightforward and can generally be proven with the appropriate documentation. In your traumatic brain injury case, you are likely able to seek compensation for:

• Medical Expenses: Brain injuries can be expensive and difficult to treat, and many victims of these injuries require extensive ongoing treatment to rehabilitate as much as possible. You have the right to seek full repayment of both immediate and future medical expenses resulting from the defendant’s actions. Your Houston brain injury attorney can work with your medical care team to ensure that the defendant is held fully accountable for the entire scope of medical care that your injury requires.
• Lost Income: It’s possible for the victim of a brain injury to be unable to return to work in the future, or a family member may need to quit their job to stay home and care for the victim. In either case, if the defendant’s actions have resulted in any loss of income, the defendant is responsible for repaying these losses. This includes lost future earnings if the injury results in permanent damage and the victim is unable to return to work in the future at all.
• Property Damage: If the defendant’s negligence or illegal misconduct also damaged the plaintiff’s property, the plaintiff has the right to seek repair or replacement costs with their personal injury claim.

An experienced Houston brain injury attorney is the ideal resource to consult to accurately calculate both the immediate and future economic damages that you can seek from the defendant. They can also assist you in determining a fair amount of pain and suffering compensation to include in your claim.

It might seem difficult to assign a monetary value to something like physical pain or emotional distress, and the average person will need professional legal guidance to determine an appropriate amount of pain and suffering compensation to seek from a defendant. This is especially true when a brain injury has caused permanent disability and diminished the victim’s quality of life forever. There is no limit to how much pain and suffering a personal injury plaintiff can seek for a brain injury, with the single exception of medical malpractice. As long as you are not filing a medical malpractice claim for a brain injury, there is no limit to how much compensation you can seek from the defendant who caused this injury.

What to Expect From Your Houston Brain Injury Attorney

You have the greatest chance of success with a personal injury claim when you have legal representation on your side. Stevenson & Murray approaches every personal injury claim we accept with the goal of helping our client maximize their compensation. Any brain injury has the potential to cause a host of immediate and long-term damages, and it’s natural for any plaintiff to have lots of questions pertaining to the potential recovery that they could secure from a successful case.

Ultimately, every case is unique, and there is no standard legal strategy that works for every brain injury victim. When you choose our team as your Houston brain injury lawyers, we can carefully examine the details of how your injury occurred and consult your medical care team to determine the wide range of medical effects the injury is likely to have. We seek to settle your case with the defendant, if possible, to streamline your recovery, but we are prepared to take your case to court if litigation is required to resolve the case.

Houston Brain Injury Lawyer FAQs

Q: How Long Do I Have to File a Traumatic Brain Injury Claim in Texas?

A: If you believe that another party caused a traumatic brain injury, you have the right to seek accountability and compensation for your damages with a personal injury claim. However, you have a limited time in which to file this claim. In Texas, there is a two-year statute of limitations for personal injury actions, starting on the date when an injury occurs. This might seem like plenty of time, but gathering the evidence and documentation you need to file your case can take longer than you might expect. It’s vital to start the claim filing process as soon as possible after your injury to have the greatest chance of success.

Q: How Much Is My TBI Claim Worth in Houston?

A: Texas’ personal injury laws allow the plaintiff to seek full compensation for any economic damages that a defendant caused, along with compensation for their pain and suffering. The plaintiff has the right to seek repayment for all economic losses that a defendant inflicted, both immediate and future, and there is no limit on pain and suffering compensation aside from medical malpractice claims. If a traumatic brain injury happened from medical malpractice, the most the plaintiff can receive in pain and suffering compensation is $250,000. Your Houston brain injury attorney can estimate your case’s total potential value.

Q: What Happens When a Brain Injury Is Fatal?

A: In the event you lose a family member from a fatal brain injury that someone else caused, you would likely have grounds to pursue a wrongful death claim against the party who caused the injury. This type of civil claim is similar to a personal injury claim in some ways. While a personal injury claim helps a victim obtain compensation for their losses, a wrongful death claim is intended to help the victim’s family seek that compensation. It’s vital to consult legal counsel as soon as possible if you believe that you have grounds to file a wrongful death claim for a loved one’s fatal brain injury.

Q: How Long Does It Take to Settle a Traumatic Brain Injury Case in Houston?

A: The most important factor that determines the time that your case could take to complete is the defendant’s willingness to accept responsibility for the damages in question. If fault is clear for your damages, and you have a seasoned Houston brain injury attorney handling your case, it may not take very long to navigate your settlement proceedings. However, if the case needs to be resolved through litigation, this will take much longer, potentially several months. Your attorney can estimate your case’s likely timetable.

Q: How Much Does It Cost to Hire a Houston Brain Injury Attorney?

A: There is no need to worry about the cost of your legal fees when you choose Stevenson & Murray to represent your case. We take personal injury claims on a contingency fee basis, meaning that you will only pay a percentage of your total case award as your fee and only if we win your case. This enables you to proceed with your recovery efforts with confidence, and if we are unsuccessful in securing compensation on your behalf for any reason, you pay nothing at all.

Contact Stevenson & Murray

Stevenson & Murray have successfully handled a wide range of personal injury claims on behalf of Houston-area clients, including catastrophic injury claims entailing significant damages. We know that you are likely to have lots of important questions about your recovery process, how much compensation you can expect from the defendant, and how long it could take to finalize your case. Our firm is ready to provide the guidance and support you need to approach your legal proceedings with confidence. Contact us today and schedule your case evaluation with a Houston brain injury attorney you can trust with your case.