A traumatic brain injury (TBI) can change your life in an instant. Whether caused by a crash, a fall, or violence, brain injuries often require extensive medical care and long-term rehabilitation. If you or a loved one suffered a brain injury in Austin, TX, you may be entitled to compensation from the party responsible for your accident. An Austin personal injury attorney can help you pursue an injury claim while you focus on your recovery.
At McMinn Personal Injury Lawyers, we have represented brain injury survivors and their families since 2005. We are here to help you fight for the compensation you need to move forward with your life. Contact our law firm today at (512) 474-0222 to schedule a free consultation with a compassionate Austin brain injury lawyer. We will help you explore your legal options and take the next steps.
The road to recovery after a traumatic brain injury can be long, painful, and expensive. McMinn Personal Injury Lawyers has the experience and resources to help you pursue the compensation you need for medical care, lost wages, and more.
With over 40 years of combined experience and more than $500 million recovered for our clients, our Austin personal injury lawyers are ready to take on the insurance companies on your behalf. Attorney Justin McMinn has been honored as a Super Lawyers Rising Star and earned a 10.0 Superb AVVO rating. He has also been recognized with inclusion on the American Institute of Personal Injury Attorneys Top 10 and Top 10 Trucking Trial Lawyers in Texas.
Here’s how we can help you after a serious brain injury in Austin, Texas:
At McMinn Personal Injury Lawyers, we are committed to fighting for justice and fair compensation for every client we represent. Contact us today to speak with an Austin personal injury attorney who is ready to help you.
A traumatic brain injury or TBI is damage to the brain caused by an external force, like a blow or jolt to the head. It does not require an actual head injury, though. Brain injuries can be caused by rapid acceleration and deceleration.
A TBI causes temporary or permanent impairment of brain functions, such as memory, thinking, and movement. TBIs range from mild (e.g., concussion) to severe, potentially causing long-term disability or death.
Traumatic brain injuries can vary in severity and type. Here are some of the most common types of TBIs:
About three out of every four traumatic brain injuries are mild.
The symptoms of a traumatic brain injury can vary depending on the severity and area of the brain affected. Some symptoms may appear immediately, while others may develop over time. Common signs and symptoms include:
It’s important to understand that brain injuries do not always cause immediate or noticeable symptoms. It can also be hard for victims to recognize symptoms themselves. If you or a loved one experiences any of these symptoms following a head injury or other accident, seek medical care right away.
The long-term consequences of a brain injury can be life-changing. Some consequences are pervasive and disabling, while others are subtle and may not be obviously tied to the brain injury. Potential long-term effects include:
Each person’s recovery is unique, but many brain injury victims face lifelong challenges that impact their ability to work, maintain relationships, and live independently.
Traffic accidents are a leading cause of brain injuries in Austin. Car accidents, truck accidents, and motorcycle accidents can lead to anything from a concussion to a severe diffuse axonal injury. Collisions are likely to cause TBIs given the high speed, the amount of force that can be transferred to an occupant, and direct impact with a steering wheel, dashboard, or window.
About 17% of all traumatic brain injuries are sustained in a crash, but it’s a higher share for victims under 65. About 24% of all brain injury-related hospitalizations were the result of a car crash in 2020.
Falls are another main cause of traumatic brain injuries. They are responsible for about 50% of TBI-related ER visits and 80% of brain injuries in seniors. Slip and fall accidents are often debilitating for older adults, but they can also cause serious brain injuries in children and young adults.
An estimated 10% of TBIs are related to sports and recreation, particularly high-impact contact sports like football and soccer. Violence in the form of gunshot wounds, assault, and domestic violence also contributes to tens of thousands of TBIs per year.
Finally, many traumatic brain injuries are sustained in workplace accidents. About 25% of all concussions happen on the job. Workers in construction, warehouse, transportation, and industrial occupations have a high risk of TBIs from falling objects, falls from heights, and crashes.
There is no formula to calculate what a personal injury case is worth. The value of your case depends on dozens of factors that are highly personal and unique to your case. Some factors a personal injury attorney may consider include:
In general, there is no limit to the compensation you can recover for your losses. However, your damages can be reduced based on your share of fault for your accident. Insurance coverage can also be a limiting factor. In some cases, damage caps may apply. These caps apply to claims against government entities, non-economic damages in medical malpractice claims, and punitive damages.
If someone else’s negligence or wrongdoing caused your brain injury, you may be entitled to economic and non-economic damages. Economic damages cover financial losses, while non-economic damages compensate for your losses with no financial value.
Common examples of damages you may recover include:
In cases involving severe injuries, spouses and children may pursue compensation through a loss of consortium claim in Texas. Spouses can be awarded damages for loss of spousal affection, sexual relations, companionship, and support. This is considered a separate claim from the injured spouse’s claim.
Children can recover damages for the loss of their parent’s emotional support, protection, care, companionship, and love.
Exemplary or punitive damages may be awarded in rare cases to punish a defendant for egregious behavior. A jury may award these damages with clear, convincing evidence that your injury was caused by the defendant’s malice, gross negligence, or fraud.
You may still be entitled to compensation, even if you share some blame for your brain injury. In Texas, a modified comparative negligence rule with a 51% bar is used to divide fault and the resulting damages between the parties involved in the accident.
Each party is assigned a share of fault for the accident. If you are 50% or less to blame for the accident, you are still entitled to damages, but they will be reduced by your share of assigned blame. If you are assigned 51% or more blame, you will not be entitled to seek compensation for your losses.
In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit. There are few exceptions to this statute of limitations. If you miss the deadline, you will lose your right to seek compensation for your brain injury.
Waiting too long to pursue your claim can weaken your case and allow crucial evidence to be lost. As soon as possible, contact an experienced personal injury lawyer to start the process of preserving evidence and building your claim.
If you or someone you love have suffered a serious brain injury in Austin, Texas, you may be entitled to money. At McMinn Personal Injury Lawyers, we have recovered over $500 million for our clients. We are prepared to give you the dedicated representation you deserve and fight for the compensation you need to move forward with your life.
Contact our law office to schedule a free initial consultation with an Austin brain injury lawyer to discuss how we can help you.
