Can I Seek Compensation for Cognitive Impairments or Emotional Distress Resulting From a Traumatic Brain Injury(TBI)
Traumatic brain injuries, often referred to as TBIs, can have devastating and lasting impacts on individuals and their families. The physical, emotional, and financial burdens they impose can be overwhelming.
For many affected by a traumatic brain injury (TBI) in Texas, seeking compensation becomes an essential path to alleviate some of these burdens. If you or a loved one have suffered a TBI, knowing your rights and potential remedies can be the first step towards justice and recovery.
Getting Compensation for a Traumatic Brain Injury (TBI)
When you or a loved one sustains a traumatic brain injury, it’s more than just the physical pain and suffering. There’s a ripple effect that impacts virtually all aspects of the victim’s life.
We frequently encounter clients with traumatic brain injuries seeking to understand their rights and the compensation they can pursue. Thankfully, there are several avenues of compensation you might be able to access after a traumatic brain injury.
Types of Compensation for a Traumatic Brain Injury
Each traumatic brain injury case is unique, and the compensation you may be eligible for depends on the circumstances surrounding the injury, its severity, and the long-term consequences. However, these are the general avenues you’ll be able to explore:
Economic Damages
These refer to tangible costs associated with traumatic brain injury. Medical bills, both current and anticipated future, are a significant portion of economic damages. Ongoing physical therapy needs are common after a head injury.
Furthermore, if you’ve had to miss work or can’t return to your previous occupation because of the injury, lost wages and diminished earning capacity can be substantial.
Non-Economic Damages
Beyond the tangible expenses associated with TBI, victims often face emotional and behavioral changes. These intangible costs can include pain and suffering, distress, and reduced quality of life.
Punitive Damages
In some injury cases, especially when the at-fault party acted with malice or gross negligence, you might be eligible for punitive damages.
Typical Medical Expenses for a Traumatic Brain Injury
The medical expenses associated with a TBI can be staggering. Immediately after the injury, emergency medical care is vital. But the medical costs don’t end there. Many severe TBI patients require ongoing medical care, including surgeries, medications, and various therapies.
Depending on the severity of the traumatic brain injury, some brain injury victims may need lifelong care, which can be financially draining. It’s essential to keep all medical records related to your injury, as they play a critical role in determining the compensation you deserve.
These accumulating medical bills, paired with potential lost wages, make seeking compensation not just an option but often a necessity for many TBI victims.
When another party’s negligence has caused such a life-altering injury, you deserve compensation to cover these expenses and more.
Additional Economic Damages in a Brain Injury Case
Aside from immediate medical expenses, brain injuries often result in other financial burdens. Lost wages are a significant concern for many. When a traumatic brain injury hampers one’s ability to work, either temporarily or permanently, the financial strain can be overwhelming.
This loss extends beyond missed paychecks; it can include lost bonuses, missed promotions, or even a diminished earning capacity if you cannot return to your previous profession.
Out-of-pocket costs are another aspect. Many TBI victims find themselves facing unexpected expenses, from needing modifications to their homes to accommodate new physical needs to travel costs for specialized medical treatment.
Then, there’s the matter of future expenses. A severe traumatic brain injury might necessitate ongoing treatments, regular check-ups, and medications. Planning for these costs is crucial.
Pain and Suffering or Permanent Emotional and Behavioral Changes After a TBI
One of the most challenging aspects of dealing with a TBI is the non-economic damages. These injuries don’t just leave physical scars; they can dramatically alter a person’s emotional well-being and behavior.
Sufferers may experience personal distress, including bouts of depression, anxiety, or even personality changes. Such emotional and behavioral changes can strain personal relationships, leading to isolation and further emotional pain.
Recognizing this, the legal process allows for compensation not only for tangible expenses but also for these intangible losses. It acknowledges that distress and cognitive impairments like memory loss or impaired judgment can be as, if not more, debilitating than physical injuries.
Are You Eligible for Punitive Damages?
In specific traumatic brain injury cases where the at-fault party’s actions were especially reckless or malicious, punitive damages might be awarded.
While most damages aim to compensate the victim for their losses, punitive damages serve to punish the responsible party and deter similar behavior in the future. It’s not about what the TBI victim needs but holding the at-fault party accountable for their egregious actions.
However, you should be aware that punitive damages are very rare following any lawsuit, including one for brain injury. Your best course is to seek compensation for your damages and allow the evidence and your lawyer to make a case for punitive damages only if the liable party’s behavior warrants it.
Long-Term Impacts of a Traumatic Brain Injury (TBI)
The repercussions of an injury can be profound and long-lasting. Beyond the immediate medical attention required post-injury, victims often need prolonged medical treatment.
This can include physical therapy, occupational therapy, and even speech therapy in cases where communication abilities are affected. Additionally, the emotional and behavioral changes following an injury can be as debilitating as the physical injuries, leading to cognitive changes like impaired judgment and reduced problem-solving abilities.
It’s common for traumatic brain injury patients to experience memory loss, emotional impairments, and even personality changes. The physical, emotional, and psychological toll of these changes can impact a TBI victim’s personal relationships, job prospects, and overall quality of life.
What Is the Average Settlement for Traumatic Brain Injury?
While we understand the desire for a quick answer, the truth is, that there’s no average settlement that applies to all traumatic brain injury cases. It’s not possible to even give a general answer without taking the time to look over the specific details of your case.
The value of a claim depends on a myriad of factors, including the severity of the injury, the extent of medical treatment required, the impact on the victim’s ability to work, and the degree of emotional and behavioral changes experienced. However, given the profound impact that such injuries often have on the lives of victims, settlements can be substantial, especially if there’s clear liability on the part of another party.
It’s vital to work alongside an experienced personal injury lawyer familiar with traumatic brain injury cases to ensure that all potential avenues are explored, so you can recover compensation that truly matches your damages.
Other Factors That Affect the Value of a Brain Injury Case
Beyond the immediate and apparent consequences of a traumatic brain injury, other factors come into play when determining the value of a brain injury claim. The age of the injured person, their life expectancy, and their health prior to the injury all play roles, as well as the degree of the other person’s liability.
The legal representation you choose also makes a significant difference. A thorough assessment of all these factors is paramount in securing a fair settlement.
Who Has Legal Liability for My Traumatic Brain Injury?
In Texas, as in other states, liability often hinges on proving someone else’s negligence. Did someone fail to exercise reasonable care, leading to your severe injury?
For instance, TBI cases after motor vehicle accidents usually look at whether the driver at fault for the accident might be liable. If a defective product caused the injury, the manufacturer could bear responsibility. In cases of traumatic brain injuries at public places like stores or venues, property owners or managers might be held accountable if they neglected to ensure safe conditions.
I Suffered a Traumatic Brain Injury at Work on a Construction Site. Do I Have Grounds for a Claim?
Workplaces, especially construction sites, can be hotbeds for potential injuries, including TBI. In Texas, if your injury was due to the negligence of a third party, such as a subcontractor or equipment manufacturer, you might have grounds for a personal injury claim.
While worker’s compensation can cover some costs, a personal injury claim against a negligent third party could provide further financial compensation for medical bills, lost wages, and pain and suffering, especially if you are struggling to get a fair settlement from worker’s comp. You can also make a claim if your employer chose not to get worker’s comp.
What Are Your Avenues for Compensation?
Following a traumatic brain injury, multiple avenues for compensation exist:
- Insurance Claims: Initially, you might turn to insurance. Whether it’s auto insurance in the case of car accidents or property insurance for slip and fall accidents, these can be the first sources of compensation.
- Personal Injury Lawsuits: If insurance doesn’t provide adequate compensation or if another party’s negligence caused your injury, pursuing a personal injury lawsuit is an avenue. This legal process seeks to recover compensation for both economic and non-economic damages.
- Worker’s Compensation: For those who sustain traumatic brain injuries at work, worker’s compensation can offer coverage for medical expenses and a portion of lost wages.
Should I Accept a Settlement from Someone Else’s Insurance Company?
If an insurance company offers you a settlement after your traumatic brain injury, we advise you to tread carefully. While it might seem tempting to accept and get instant financial relief, these initial offers can often fall short of covering all your current and future medical expenses, lost earnings, and other damages.
It’s wise to seek legal representation before agreeing to any settlement. An attorney can provide a more accurate assessment of your traumatic brain injury’s worth and ensure you receive the compensation you deserve.
The Benefits of Hiring a Traumatic Brain Injury Lawyer in Texas
Navigating the legalities surrounding traumatic brain injuries can be challenging, especially after a head injury. Engaging with an experienced personal injury attorney, especially one who knows how to prosecute brain injury claims, can be a game-changer for several reasons:
- Thorough Assessment of Damages: Professionals can more accurately estimate current and future medical expenses, lost wages, and non-economic damages like emotional distress. They will ensure that all areas, including future medical care, occupational therapy, and even speech therapy if required, are considered.
- Legal Expertise: An attorney understands the legal process. They can collect essential evidence, gather pertinent medical records, and build a robust case that proves negligence and assigns liability.
- Negotiation Skills: When dealing with insurance companies, having someone experienced in negotiations can lead to better settlements. They know when an insurance company’s offer is fair, and when it’s undervaluing the traumatic brain injury’s repercussions.
- Court Representation: Should your case go to trial, having a skilled attorney representing you in court is invaluable. They’ll present your case compellingly, ensuring your side of the story is heard and understood.
Symptoms Associated With Severe TBIs
Recognizing the signs of a traumatic brain injury can help in getting timely medical attention: keeping track of these symptoms can also help with your brain injury claim later. Common symptoms linked to severe TBI include persistent headaches, impaired judgment, reduced problem-solving abilities, memory loss, and even seizures.
Physical symptoms might be coupled with emotional impairments such as mood swings, depression, and personality changes. Notably, the impact of these symptoms can range from mild to severe, affecting virtually all aspects of the victim’s life, from daily activities to interpersonal relationships.
The Depth and Impact of TBI
Each traumatic brain injury is unique, influenced by various factors such as the severity of the initial injury, the location of the brain damage, and the victim’s overall health. As such, the prognosis and medical treatment for brain damage can vary greatly, often requiring a mix of medical care, physical therapy, and occupational therapy. Some may need extensive rehabilitation to regain lost functions, while others might struggle with permanent disability.
One of the lesser-discussed consequences of TBI is the toll they take on mental health. It’s not just about the physical pain or cognitive impairments. Many TBI victims face emotional pain and undergo personality changes that can strain relationships and alter their sense of self. Anxiety, depression, and post-traumatic stress disorder (PTSD) are not uncommon among TBI patients.
Furthermore, TBIs can have a profound impact on a victims professional life. Diminished earning capacity is a reality for many. The injury might make it challenging to return to a previous job, leading to lost wages or necessitating a career change. In extreme cases, the injured person might not be able to work at all, leading to a significant loss of earnings over a lifetime.
The road to recovery from a traumatic brain injury is not linear. Some days might be better than others. There might be significant improvements followed by plateaus or regressions. This unpredictable path can be emotionally draining for both the victim and their loved ones.
Another consideration in the realm of TBIs is the occurrence of “invisible injuries.” Not all brain injuries are immediately evident. Symptoms might emerge days, weeks, or even months after the incident, making it vital for those involved in accidents or events that could cause TBIs to monitor their health closely and maintain thorough medical records.
Regardless of the cause, understanding the depth and breadth of these injuries is crucial for both victims and their advocates as they navigate a personal injury case. Legal advice is crucial after devastating injuries of this type.
Reach Out for a Free Consultation Today
If you or a loved one is grappling with the aftermath of an injury, you don’t have to face it alone. By seeking assistance, you increase your chances of getting fair compensation for medical bills, lost wages, and other associated costs.
At the law firm of Brian C. Gutierrez, we understand the profound impacts of a TBI. Our team is dedicated to ensuring that you have the support and guidance needed throughout the legal process. Reach out today to 979-271-5338 for a free consultation to discuss your case, understand your rights, and start the journey toward the compensation you deserve.
