A brain injury has long-lasting ramifications for you and your family. If your injury is the result of someone else’s negligence, you have the right to hold them accountable for the costs of treatments and many others. Consult with a Carrollton brain injury lawyer to learn how you can seek compensation from this liable party.
The Texas Law Dog was once a general farm hand and brings a strong work ethic to brain injury cases. Let us serve as your legal representative and advocate. Meet with a Carrollton catastrophic injury lawyer today.
Who Is Liable for a Brain Injury
One or more parties can be liable for a traumatic brain injury (TBI). A Carrollton personal injury lawyer reviews the facts of your case and determines who is to blame. Parties that could be at fault include:
- Car or truck driver
- Trucking company
- Business operator
- Property owner
The Texas Law Dog examines your case and discusses your legal options with you. They can let you know how long you have to file a lawsuit after a truck accident or any other incident that leads to a brain injury. Schedule a free case consultation with us.
When to File a Carrollton Brain Injury Lawsuit
In alignment with Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for a brain injury claim is two years. Once this window closes, you are solely responsible for all losses associated with your brain injury.
A brain injury lawyer in Carrollton explains legal topics relative to your case. For instance, if you are involved in a motorcycle crash that results in a TBI, your attorney looks at how this incident happened. They can teach you about the common causes of motorcycle accidents and what you will need to do to prove someone is liable for your crash and brain injury.
TBIs are among the common injuries reported after a bicycle accident and similar incidents. Your lawyer considers your quantifiable and subjective losses. They position you to secure fair compensation for these.
Carrollton Brain Injury Lawyer Near Me (817) 775-5364
How Much a Brain Injury Case Is Worth
A brain injury attorney in Carrollton wants you to ask for economic and non-economic damages. Your lawyer accounts for your injury’s short- and long-term impact. They encourage you to pursue damages for many reasons, such as:
- Pain and suffering
- Medical bills
- Loss of income
- Loss of enjoyment of life
- Emotional distress
- Burial and funeral expenses
Your lawyer shares FAQs and other legal resources as they guide you through your case proceedings. They want you to make informed legal decisions. Thus, they communicate and collaborate with you and make sure you understand all that the legal process entails.
How to Get Compensation in a Brain Injury Lawsuit
Your attorney prepares an argument that could show the court that you deserve compensation. At the same time, the defendant develops a case against you. To help you recover damages, your lawyer focuses on these four elements of negligence as they build your case:
- Duty of Care: This refers to a legal obligation that the defendant had to avoid any acts that could put you or anyone else in danger.
- Breach of Duty of Care: The defendant violated their legal obligation to you when they chose to act in a way that most people would consider to be unreasonable.
- Causation: There is a direct correlation between the defendant’s actions and your brain injury.
- Damages: You are forced to deal with losses associated with your brain injury because of the defendant’s actions.
Your lawyer commits time and resources to gather evidence to strengthen your argument. They can use medical records, witness statements, and other proof. If you have a wealth of evidence, it could be clear to a judge or jury that you are not responsible for your brain injury.
How Comparative Negligence Can Impact the Damages You Receive in a Brain Injury Case
The court could have concerns about whether your brain injury case is legitimate and if awarding damages is warranted. Based on comparative negligence, if a judge or jury has doubts about your argument, they could choose to provide partial damages. They will do so if you are 1-50% liable and reduce your damages by your percentage of fault.
For example, you suffer a TBI in a car accident, sue a liable driver for damages, and are found to be partly to blame for your injury. The court could say you are 20% to blame. In this situation, you receive 80% of the damages you requested.
If the court finds you are primarily to blame for your brain injury, you may be ineligible to recover damages. Your lawyer wants you to avoid this scenario. As part of their efforts, they craft an argument that highlights how the defendant was negligent and should be held responsible for their actions.
When to Submit a Brain Injury Wrongful Death Claim
Tragically, a family member can die due to a brain injury. This is an emotionally devastating situation for you and your loved ones. You do not have to deal with the aftermath of your family member’s death alone.
Suing anyone liable for your family member’s death is probably not a consideration for you and your loved ones. Yet, if you decide to do nothing, you have to face the financial implications of your family member’s death alone. In addition, you deprive yourself of an opportunity to take legal action against a party who contributed to your loved one’s death.
Talk to a wrongful death lawyer if you are thinking about filing a claim for compensation from any parties responsible for your family member’s fatal brain injury. Your attorney proceeds with care. They can describe the role of a jury in wrongful death cases and, if you decide to move forward with a claim, support you and your family every step of the way.
Get Top-Notch Legal Representation for Your Brain Injury Case
The Texas Law Dog offers legal help to those dealing with brain injuries and their families. We can help you decide if now is the right time to file a brain injury lawsuit. Request a free case consultation with us.
