Brain Injuries in Texas Auto Accidents
Texas experiences quite a lot of auto accidents, which can lead to a variety of different injuries. One of the most common types is brain injuries, ranging from mild whiplash and concussions to serious long-term traumatic brain injuries (TBIs) that require lifelong treatment. If you or a loved one has experienced a brain injury as a result of an auto accident, it is important to know that you do have options in terms of how best to seek compensation.
Causes and Symptoms
The Centers for Disease Control and Prevention (CDC) estimate that motor vehicle crashes are the leading cause of death for those aged 15-34 and those over 75 years of age nationwide, as well as being the second most common cause of TBI-related hospitalizations. These statistics are understandable when one considers the sheer weight of metal, glass, and plastic that is forced to move at a very rapid speed when one or more vehicles collide. Brain injuries, in particular, are common in vehicle accidents because even with a seatbelt, they are always a risk.
It can sometimes be difficult to determine when you have sustained a brain injury because the symptoms are so diverse. Some commonly seen signs of a potential TBI include blurred vision, confusion, seizures, nausea, vomiting, dizziness, and slurred speech, among others. Some of these symptoms are more common in ‘mild’ brain injuries than in severe examples, but any brain injury is serious and should be checked out by a medical professional as soon as possible – both for obvious health reasons and to preserve records of your injury if you decide to bring suit against a negligent driver.
If You Are Injured
A brain injury is a serious event that can be life-changing, especially if it is not treated promptly and well. If you or a loved one has sustained a TBI because of another person’s negligence, bringing suit against them may be a viable option to try and get your medical bills paid, as well as to try and collect compensation for other damages such as pain and suffering, lost wages, and loss of quality of life. Your spouse may also have a potential claim for loss of consortium, which essentially means the loss of marital relations and support.
In Texas, you must establish four different points in court before you have a chance for your claim to succeed. You must show (1) that a duty to exercise reasonable care existed from the defendant toward the plaintiff; (2) that the duty of care was breached; (3) that the duty was breached as a direct result of the defendant’s conduct, with no other intervening cause, and (4) that you suffered actual harm. If all of these points can be shown, your case is likely to succeed. This is true even if you are held to be partially liable for your own injuries – a plaintiff can be held up to 50 percent liable for their own injuries and still be able to recover.
Contact a New Braunfels Brain Injury Attorney
Being involved in an auto accident is always a difficult and potentially overwhelming time for the average person. If you or someone you love has sustained a TBI in a car accident, you need an experienced attorney who understands how transformative this kind of experience can be. The dedicated New Braunfels TBI lawyers at the Bettersworth Law Firm are well versed in this type of case law and are happy to work hard to get your case to an appropriate solution. Call our offices at 888-392-0039 today for a free consultation.
Sources:
https://www.cdc.gov/traumaticbraininjury/get_the_facts.html
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
