A traumatic brain injury (TBI) can happen at any time and anywhere. A slip-and-fall accident at a hotel may cause a mild concussion, or a maritime accident may lead to a catastrophic brain injury. When brain injuries don’t heal quickly, the lasting effects can upend your life. In this post, an experienced Houston attorney discusses the long-term impact of head injuries in Texas personal injury claims.
The Long-Term Effects of Brain Injuries
While mild head injuries can resolve in days to weeks, more severe injuries may impact victims for months or years. These long-lasting effects may include the following:
- Cognitive impairment: TBIs can cause troubles with memory, concentration, judgment, problem-solving, and understanding speech.
- Physical symptoms: People with injured brains may also have difficulty with balance, coordination, and motor skills. They may also experience headaches, nausea, dizziness, and fatigue.
- Sensory issues: Changes in hearing and vision and increased sensitivity to light and sound are common brain injury symptoms.
- Emotional troubles: After a brain injury, people may experience depression, anxiety, irritability, mood swings, and even personality changes.
- Sleep disorders: Sleeping too much or too little is common after a TBI. These sleep disorders often complicate and compound many of the symptoms above.
Depending on the nature and severity of the injury, brain trauma recovery may require costly surgery, physical rehabilitation, speech therapy, and missed time at work. The long-term effects may interfere with the person’s ability to work, maintain relationships, or perform daily tasks. Catastrophic brain injuries could lead to permanent disability and even death.
Compensation for Head Injuries in Texas
Not all head injuries qualify for compensation. Brain injury lawsuits require you to show that someone else’s negligence or wrongful act caused your injury (or your loved one’s death). If you can prove this, the at-fault party may owe you the following for head injuries in Texas:
Economic Damages
Also known as “special damages,” economic damages are the financial consequences of the head injury. They may include medical treatment, in-home care, lost wages, and property damage.
Non-Economic Damages
You may also qualify for “general damages,” which are the non-economic consequences of the head injury. These may include pain and suffering, emotional distress, disability, and loss of enjoyment.
Factors Affecting Compensation for Head Injuries
Because of their life-altering impact, severe head injuries in Texas can be costly. The amount of compensation head injury claims may qualify for depends on factors like the following:
- Severity of injury: Traumatic brain injuries that cause clear physical or cognitive impairments may fetch higher awards than mild concussions.
- Proof of liability: Compensation is likely to be higher in cases of clear negligence. However, if the facts are in dispute, the other party may not propose an adequate settlement.
- Number of defendants: If more than one person contributed to the injury, it can be challenging to untangle issues of fault and insurance responsibility.
- Defendant misconduct: Courts may order defendants exhibiting egregious behavior (such as drunk driving) to pay punitive damages in addition to economic and non-economic compensatory damages.
- Reduction of damages: Plaintiffs may inadvertently lower their compensation by not taking steps to minimize the harm they suffered. For example, if you don’t seek prompt medical treatment, the defendant could argue that you allowed your head injury to worsen.
- Legal representation: A personal injury lawyer can help you gather evidence, negotiate with insurance companies, and build a strong case for compensation.
If you’re seeking legal representation for head injuries in Texas, the dedicated team at McLaurin Law, PLLC, can help. Call us at 713-461-6500 or contact us online 24/7 to schedule a consultation.
