A brain injury can impact you cognitively, physically, and emotionally. If your brain is injured due to someone else’s actions, hold the liable party accountable. Do so by getting help from a Colleyville brain injury lawyer who gives your case the attention it deserves.
The Texas Law Dog is a Hopkins County native who helps those coping with brain injuries and their families in any way possible. Trust us to assist you with your brain injury case. Schedule a free case consultation with a Colleyville catastrophic injury lawyer.
Benefits of Hiring a Brain Injury Lawyer
A traumatic brain injury (TBI) is incredibly expensive. Treating the injury can involve medication, surgery, and other medical interventions. Injury symptoms can worsen if you choose to do nothing about them. A Colleyville brain injury attorney understands the short- and long-term impact of your trauma. They help you obtain fair compensation from anyone responsible for it.
Your Colleyville personal injury lawyer learns about your case. They determine your losses, gather evidence, and submit your request for compensation. Your attorney can help you get a settlement or bring your case to trial. Throughout your case, your lawyer advocates for you. If you have legal concerns or questions, your lawyer can address them promptly.
The Texas Law Dog offers FAQs and other legal resources for brain injury cases. If you are weighing the pros and cons of taking legal action or are ready to proceed with a lawsuit, we are here to help. Contact us for more information.
Compensation You Can Get in a Colleyville Brain Injury Lawsuit
A brain injury lawyer in Colleyville explains the economic and non-economic damages available in your lawsuit. Ultimately, you may be eligible to get compensation for your quantifiable and subjective losses. Common reasons why the court will provide damages include:
- Pain and suffering
- Medical costs
- Lost wages
- Loss of consortium
- Loss of enjoyment of life
The statute of limitations for requesting these and other damages is two years, per Texas Civil Practice and Remedies Code Section 16.003. Your lawyer evaluates your losses and submits your lawsuit before the window in which you are allowed to do so elapses.
Colleyville Brain Injury Lawyer Near Me (817) 775-5364
Who Can Be Liable for a Brain Injury
The party responsible for a brain injury depends on the facts surrounding it. A Colleyville personal injury attorney asks you questions about your brain trauma. They may find that any of the following parties are liable for your TBI:
- Car or truck driver
- Doctor
- Property owner
- Business operator
If an at-fault party has insurance, you may request compensation for your losses through their insurer. Regardless, an insurance company is committed to its bottom line. The business may do everything within its power to avoid compensating you. Thus, if your lawyer cannot settle with a liable party or their insurer, they may encourage you to file a lawsuit.
When to File a Brain Injury Lawsuit
You have grounds for a brain injury lawsuit if you suffer a TBI due to no fault of your own. For example, a motorist ignores the rules of the road and slams their car into yours. You are diagnosed with a brain injury after the incident. Have a Colleyville car accident lawyer assist you. Your attorney can help you get compensation through a lawsuit or an auto insurance claim.
There are times when you can sue an at-fault party for a fatal brain injury. For instance, a family member slips, falls, and hits their head on someone else’s property. Sadly, this individual suffers a fatal brain injury. A Colleyville slip and fall accident lawyer is empathetic. They can help a family member of the deceased person (decedent) seek compensation through a lawsuit.
A brain injury attorney in Colleyville considers the events that led to your trauma carefully. They will let you know if they believe a lawsuit is warranted. If so, your attorney can craft an argument to show that any parties liable for your brain trauma were negligent.
How to Prove Negligence in a Brain Injury Case
Negligence plays a key role in the outcome of your case. The court looks at whether the four elements of negligence were present at the time of your brain injury. Your attorney can teach you about these elements, which are:
- Duty of Care: A party has a legal obligation to comply with the law and avoid any actions that could cause you or others to get hurt.
- Breach of Duty of Care: This party violated their obligation to you by committing an act that a reasonable person would classify as careless or reckless.
- Causation: The party’s actions led to your brain trauma.
- Damages: You have incurred losses because of the party’s actions.
Your attorney uses witness statements, accident scene photos, and other evidence to prove negligence. On top of that, they attempt to show you were in no way responsible for your brain injury. Otherwise, if you are found to be partly liable for your injury, you could get only a portion of the damages you request.
The Role of Comparative Negligence in a Brain Injury Lawsuit
You say someone else was negligent and caused your brain trauma. Alternatively, another party claims you are partly or fully responsible for your injury. Based on Texas’ modified comparative negligence rule, or proportionate responsibility, you and another party can share fault for your TBI.
Modified comparative negligence allows you to receive a portion of the damages you request if you are less than 50% liable for your brain injury. If you are 1-50% at fault for your injury, the damages you get may be reduced by your percentage of fault.
In a situation where you are found to be more than 50% liable for your brain injury, you may be ineligible to obtain damages. Your lawyer works hard to help you avoid this scenario. As part of their efforts, they account for how the defendant will dispute your case against them. That way, they are well-equipped to prove to the court that you deserve maximum damages.
Partner with a Brain Injury Lawyer Who is Devoted to You
Ask for legal help if you are unsure of what to do as you deal with the aftermath of a brain injury. The Texas Law Dog has helped our clients secure millions of dollars in compensation.
We can handle your legal matters while you take care of yourself and treat your brain trauma. Request a free case consultation with us.
