Houston Brain Injury Lawyer
If you or a loved suffered an accident resulting in a traumatic brain injury, contact one of the Houston brain injury lawyers at AK Law Firm. Our attorneys are compassionate and experienced in working with accident victims. We want you to receive all of the financial compensation you deserve so you can move forward with your life as comfortably as possible.
At AK Law Firm, we are a client-focused law firm. We believe in the following:
- Open and honest communication
- Working one-on-one with each of our clients
- Total transparency in all of our dealings
We want you to understand the legal process and all of your legal options in pursuing recovery. Our legal team does not believe one solution fits every client. Call us today to schedule your free consultation and see what makes AK Law Firm stand out from the others!
Navigate This Page
- How Can a Traumatic Brain Injury Attorney Help Me?
- What is Traumatic Brain Injury?
- How Much Does it Cost to Hire a Brain Injury Lawyer in Houston?
- What Compensation Can You Recover in a Brain Injury Case?
- Types of Brain Injuries
- Common Signs of a TBI
- How Negligence Can Cause a TBI
- Medical Care for Traumatic Brain Injury
- Contact Our Houston Brain Injury Lawyer Today
How Can a Traumatic Brain Injury Attorney Help Me?
Victims of traumatic brain injuries need legal help for several reasons. One reason is that under the Texas statute of limitations, a lawsuit for traumatic brain injury needs filing within two years from the date of an accident. Therefore, any delay may cost you your claim.
When you work with AK Law Firm, not only will we file a timely lawsuit on your behalf, but our Houston brain injury attorneys will also:
- Investigate your accident
- Collect and analyze your medical records
- Use experts to determine the reason and liability for your brain injury as well as future costs of care
- Aggressive fight for you when dealing with the insurance company
- Build a solid case and demand full compensation for your claim
- Stand ready to present your case at trial if needed
Also, the personal injury attorneys at AK Law Firm will keep you informed and answer your questions. You will never feel alone in your struggle with a Houston traumatic brain injury lawyer on your side.
What is Traumatic Brain Injury?
Traumatic brain injury, or TBI, is the result of external trauma to the head. It occurs when the head either hits an object or the ground or when an object strikes or penetrates the skull. TBI may also occur due to sudden, violent shaking.
According to The Brain Injury Association of America (BIAA), common causes of TBI are:
- Fall accidents
- Defective products
- Military incidents
- Car accidents
- Sports accidents
- Truck accidents
- Workplace accidents
How Much Does it Cost to Hire Brain Injury Lawyer in Houston?
Many brain injury victims refrain from filing a lawsuit against the person responsible for their damages due to the cost of legal representation. Legal fees are notoriously expensive, and many people believe that brain injury attorneys charge these same rates. The truth is that most Houston brain injury attorneys operate on a contingency fee basis to make this litigation more accessible.
A typical contingency fee agreement states that you do not have to pay any legal fees unless your attorney secures a settlement in your case. If you do receive financial compensation, your lawyer will take an agreed-upon percentage of your final settlement as payment for your services. While your individual agreement may vary, the typical contingency fee is approximately 33% of your settlement.
At AK Law Firm, we understand how financially difficult the aftermath of a traumatic brain injury can be. Our brain injury lawyers do not want to add to your financial stress by charging upfront fees, which is why we operate on a contingency fee basis. With our firm, you do not have to pay any legal fees unless we recover funds on your behalf. If you suffer an injury due to someone else’s negligence, financial issues should not prevent you from seeking help. We will not charge you any legal fees if we do not secure a settlement, and if we do recover funds, our fees will not come out of your pocket.
What Compensation Can You Recover in a Brain Injury Case?
Serious brain injuries often result in long-lasting consequences, impacting your ability to function and engage in your usual daily activities. As a result, a higher settlement amount is necessary to recover your physical, financial, and emotional losses.
Texas divides compensatory damages into two main categories: special and general. Special damages involve your tangible, financial losses as a result of the traumatic brain injury, while general damages refer to the intangible emotional losses you endure. You can only collect damages related to your brain injury and the accident that caused the injury.
Common types of special damages may include the following:
- Past and future medical expenses for your brain injury
- Necessary disability accommodations, such as home and vehicle modifications
- Property damage, including vehicle repairs
- Funeral and burial expenses, if the accident results in wrongful death
- Lost wages during your recovery time
- Loss of future earnings if your injury prevents you from returning to work
You may also qualify for the following types of general damages:
- Post-traumatic stress disorder
- Emotional distress
- Loss of quality of life
- Disability and chronic pain
- Loss of companionship or consortium
In certain claims, you may also be eligible for punitive damages. The purpose of punitive damages is to deter the at-fault party from committing the same negligent actions, and Texas courts only award these damages if the at-fault party exhibits gross negligence.
Gross negligence occurs if the at-fault party knew or should have known that his or her actions were risky and could cause harm to another person, but continued to perform the negligent act. For example, a driver who runs a red light isn’t exhibiting gross negligence, but if he or she was under the influence of alcohol, you may receive punitive damages.
Understanding the damages you may qualify for is vital to a brain injury lawsuit. The Houston brain injury attorneys at AK Law Firm will work with you to explore all possible avenues to optimal compensation, calculating your estimated settlement amount and evaluating all settlement offers to ensure they meet your ongoing needs.
Types of Brain Injuries
Our brains are the command centers for our bodies, and any injury to this area can result in severe consequences and life-long effects. The injury may involve bleeding, bruising, open head wounds, skull fractures, and even the penetration of the brain tissue by bone or foreign objects.
Some of the most common types of brain injuries include the following.
This type of brain injury is the most common. A concussion occurs when you suffer a blow to the head that leads to a brain injury. The injury may occur when your brain collides with the sides of your skull, or when your brain moves due to sudden force. You may experience a temporary loss of function due to a concussion, and repeated injuries can result in permanent damage.
This specific type of brain injury occurs when you suffer an immense blunt force to the head, causing your brain to slam into one side of your head, slide to the other side of the skull, and hit the opposite side. As a result, you can develop bruising and bleeding on both sides of the brain.
The term hemorrhage refers to uncontrollable bleeding, and a hemorrhage in the brain can be incredibly dangerous. When you suffer an injury that causes your brain to bleed, blood may build-up within your brain tissue and in the space between your brain and skull. Without prompt treatment, a hemorrhage can easily lead to death.
Diffuse Axonal Injury
When an injury is not severe enough to cause a hemorrhage, your nerves can tear, and you may experience damage to your brain cells. This damage is known as a diffuse axonal injury, which may result in the loss of brain function, swelling, and permanent brain damage.
After an injury, your brain may also swell, leading to severe pressure build-up in your head. This swelling is known as edema, and once the pressure reaches a certain point, your brain can press against the sides of your skull. Prolonged swelling can result in death or a permanent loss of function.
A contusion occurs when you develop a bruise on your brain. This injury can occur due to a direct impact to the head, and you may need prompt surgery to remove a large contusion. Like hemorrhages, which also involve bleeding in the brain, contusions can lead to severe brain damage.
Each type of brain injury can lead to lifelong consequences, from an inability to move certain parts of the body to a complete catatonic state. Recovery timelines and prognoses also vary from injury to injury, and many of these complications are irreversible. However, you can collect compensation for ongoing treatment through a traumatic brain injury lawsuit.
Common Signs of a TBI
- Loss of consciousness
- Severe headaches
- Sensitivity to light and noise
- Dizziness and balance issues
- Seizures and convulsions
- Nausea and vomiting
- Confusion, memory loss, and trouble with focus or concentration
- Problems processing information or making decisions
- Anxiety, depression, mood swings, or the inability to control one’s emotions
- Failure to engage appropriately with others at school, work, and other settings
A doctor diagnoses TBI using X-rays, MRIs, CT scans, and other tests. The severity of TBI and symptoms may vary significantly from person to person.
How Negligence Can Cause a TBI
Negligence is a legal concept that forms the foundation for most civil lawsuits, including brain injury claims. To prove that negligence played a role in your brain injury, you will need to prove the presence of the following four elements.
- The at-fault party owed you a duty of care.
- The at-fault party breached the duty of care in some way.
- You suffered injuries as a direct result of the breach of care.
- You can collect damages for your injuries through the lawsuit.
Millions of brain injuries occur across the United States during any given year, and many of them occur due to the negligence of another person or entity. According to the Centers for Disease Control and Prevention, the leading causes of TBI include falls, motor vehicle crashes, and being struck by or against an object. These three leading causes can easily involve negligence.
Examples of Negligence Causing a Brain Injury
For example, if you suffered a TBI during a motor vehicle crash, the other driver may have taken negligent actions to cause the crash. All drivers owe each other a duty of care to drive safely and follow traffic laws. He or she may have run a red light, used alcohol or drugs while driving, or failed to yield the right of way. If you were a victim of a drunk driving accident, consult our Houston drunk driving accident attorney as soon as possible.
In brain injury cases involving falls, the negligence of a property owner or landlord may have contributed to your head injury. All property owners have a duty of care to keep their premises in safe condition, respond to potential hazards in a timely manner, and to ensure that visitors and tenants receive proper warning of these hazards, if necessary. If you slip and fall due to hazardous conditions that the property owner failed to warn you about or failed to resolve once he or she knew about them, you and your slip and fall accident lawyer may hold the owner liable for your injuries.
Being struck by or against an object may involve an act of negligence as well. You may be an employee on a regulated worksite, and suffer a severe TBI after you collide with a negligent coworker who is operating a piece of heavy machinery. You may be walking by a construction site and suffer injuries due to falling debris.
Regardless of the cause of your TBI, the traumatic brain injury attorneys at AK Law Firm can help you determine whether or not negligence played a role in your head injury. We will utilize the full power of our firm’s resources to launch an investigation into your accident, collecting the necessary evidence to prove your right to compensation.
Medical Care for Traumatic Brain Injury
Severe TBI may require a team of medical professionals, including a primary care physician, neurologist, surgeon, physical therapist, and psychologist. A TBI victim could receive treatment at a trauma hospital and a specialized clinic as part of the traumatic brain injury recovery process.
Additionally, a TBI victim may also need the following:
- Emergency medical treatment
- X-rays, MRIs or CT scans
- Intensive care
- Lengthy convalescence
- Assistive devices
- Ongoing care and counseling
Medical bills and treatment for a TBI can reach millions of dollars over a victim’s lifetime. Some victims’ conditions progressively worsen with time, leading to the need for additional care or even early death.
Contact Our Houston Brain Injury Lawyer Today
At AK Law Firm, our brain injury attorneys in Houston will seek full and fair compensation for your injuries, including all current and anticipated medical costs and payment for your pain and suffering. We realize the impact that TBI has on the lives of innocent victims and their families. If someone else’s negligence caused you or a loved one to suffer a severe brain or head injury, we want to help you hold the responsible party accountable. Contact us today to learn more about your personal injury case.