Many accident victims in Texas suffer brain damage from many causes. However, some people cannot identify a brain injury symptom. If you frequently engage in activities that can cause external trauma to the brain, it would be best to be aware of the causes of traumatic brain injury. Thankfully, a brain injury victim can recover compensation from the fault party. To win any damages, it would be best to hire a brain injury attorney. You can reach out to the injury law firm of McDonald Worley to start your case.
Common Symptoms of Traumatic Brain Injury
If you don’t know what to look for, you can have TBI without knowing. Therefore, it would be best to understand the various signs of traumatic brain injuries. Early detection is critical for all types of brain injuries. The sooner you discover and start treating them, the better for you. Furthermore, early detection can also help you stay within the Statute of Limitations for filing traumatic brain injury claims.
TBI can affect the brain cells having various physical and psychological effects. Brain injury symptoms to look out for include:
- Nausea or vomiting
- Loss of balance
- Light sensitivity
- Loss of consciousness
- Memory loss
- Mood changes
- Difficulty sleeping
- Convulsions or seizures
- Weakness or numbness
- Slurred speech
- Significant confusion
- Speech defects
- Loss of coordination
If it’s a pediatric brain injury, you can expect persistent crying, irritability, changed sleeping habits, seizures, sadness, loss of interest in favorite toys, change in nursing habits. An injury in a child may be harder to detect. These symptoms are signs of other diseases too. However, if you start experiencing them after a blow to the head, it would be best to visit a doctor.
Common Causes of Traumatic Brain Injury
Traumatic brain injury usually results from a blow to the head or a jolt of the body or head. Objects piercing brain tissue can also cause TBI. For instance, if a piece of car glass lodges in a person’s skull, it may cause traumatic brain injury.. Therefore, the causes of traumatic brain injury would be things that can give a blow or jolt to or even pierce the head.
Based on a 2020 profile of TBI patients, the majority of traumatic brain injuries were caused by motor vehicle crashes. At 50%, it’s clear that vehicle accidents are the predominant cause of TBIs. There are some other factors responsible for traumatic brain injuries, including violence and falls. Falls were responsible for 28% of the traumatic brain injury cases.. On the other hand, violence makes up about 11%.
Vehicle collisions of all sorts can cause TBI because the force of impact can apply trauma to the head. Furthermore, violent activities such as gunshot wounds, domestic violence, assault, and abuse can also wound the brain. Some sports are inherently dangerous too. These include boxing, football, hockey, skating, lacrosse, etc. Any of these sports can cause TBI. Finally, a workplace accident, or explosion can also cause traumatic brain injury.
What To Do After a Head Injury
The human brain requires special care than the other parts of our body. This is because of its essential nature and functions. How you react to a head or brain injury should be different from that of ordinary wounds.
It would help to take these three steps after a head wound.
1. Apply First Aid
After a head injury, you can take the first step to take care of yourself by conducting first aid. You can hold an ice pack to the damage for some time. If you can’t get an ice pack for your head injury, try any cold substances like drinks. After first aid, the right thing is to get to the hospital.
2. Visit a Doctor
Some people survive a motor vehicle accident and continue living without seeing a doctor. This practice is wrong, especially since you may not know if you have a brain injury. Traumatic brain injury is a different type of injury. Its signs may not always be physical. So, it’s possible to be suffering from TBI without knowing. That means that it’s best to seek medical care immediately after a motor vehicle accident, for instance.
After a primary injury to the head, the last thing on your mind should be getting back to work. The CDC says that rest is essential after a concussion because it helps the brain to heal. Ignoring signs that you’re not fine can be fatal. Therefore, it would be best to reduce all strenuous activities until you’ve healed considerably.
How Long Does It Take To Recover From Traumatic Brain Injury?
A brain injury is quite different from other types of injury. Therefore, it may take longer for brain injury patients to recover brain function. The University of Alabama states that there are three levels of TBI with different prognoses. The three types of traumatic brain injury are:
- Mild TBI
- Moderate TBI
- Severe TBI
Patients with only a concussion or temporary loss of memory can recover brain function within three months. They can also recover earlier than this. Where there’s moderate TBI, people can recover some or all brain function through neurosurgery, physical therapy, speech therapy, and psychological services. Finally, for severe TBI, it isn’t easy to estimate the time of recovery because it depends on many factors.
The relevant factors include the trauma location, severity of the injury, time in a coma, etc. The majority of TBI recovery occurs within two years of the damage. Furthermore, some patients can experience improvements as late as 5-10 years after the injury.
An experienced brain injury attorney can advise that you see certain specialists that can aid your recovery process. These professionals can hasten and improve your rehabilitation.
- Physical therapists
- Speech and language therapists
- TBI specialist nurse
- Social workers
Seeing these specialists can also increase your chances of winning your personal injury claim. This is because such visits provide a medical record of the nature and extent of your injury. Finally, it would be best to follow all your doctor’s instructions since they know how best to improve your recovery.
Recoverable Damages for Traumatic Brain Injury
If you suffer a traumatic brain injury because of a preventable accident, you can recover fair compensation from the fault party. You can have your personal injury attorney file a brain injury lawsuit.. Conversely, you can accept a settlement offer from the responsible party.
Below are some compensatory damages recoverable in a brain injury claim.
- Medical Bills: The medical bill for a traumatic brain injury can be significant, especially if it’s a primary injury. The severity of injury determines how much you’ll spend on hospital expenses. Whatever the amount, an experienced brain injury attorney can get the responsible party to pay it all.
- Punitive Damage: The court can grant punitive damage against the fault party to deter others from behaving as they did. The party’s conduct must have been so bad as to deserve punishment. An insurance settlement cannot award punitive damages.
- Loss of Income: Severe brain injury can prevent you from working for a while. In such a case, the fault party can pay you what you should have earned while incapacitated. If you suffer permanent damage, you can collect compensation for lost future earning capacity too.
- Pain and Suffering: Pain and suffering are non-economic damage available for an injured person. Pain refers to the physical suffering the brain tissue hurt caused you. Suffering includes the different ways you suffered because of the brain injury. The court will evaluate and determine how much your pain and suffering is worth.
A brain injury lawyer can also get you compensation for:
- Emotional distress
- Scarring and disfigurement
- Post-traumatic stress disorder
- Future medical treatment
Is There a Time Limit for Traumatic Brain Injury Claims?
Usually, state laws require that you file personal injury claims within a definite timeframe. These laws are called Statutes of Limitations. You can’t sleep on your right to sue and wake up to go to court whenever you like. The law aims to encourage litigants to file their cases within a reasonable time. However, it’s essential to know whether this law applies to traumatic brain injuries in Texas too.
Texas has a two-year statute of limitations for personal injury claims. This legal timeframe also applies to traumatic brain injuries. This means that you must file your claim within two years from the date of the brain injury.. If you fail to file your lawsuit within two years, you will lose your right to sue.
Therefore, it would be best not to waste all your time on insurance negotiations. If you don’t reach a settlement agreement until after two years, the courts won’t hear you. An excellent brain injury attorney will know how to navigate your claim to stay within the timeframe. Two years may look long to institute a lawsuit. However, it’ll be best to start long before the time limit if you’ll go to trial.
Texas’ Best Brain Injury Attorneys Want To Help You!
If you have sustained a traumatic brain injury, you can recover damages from the fault party. It would be best to get legal representation for your case. A personal injury lawyer can link your loss of consciousness and other TBI signs and symptoms to the fault party’s negligent action.
You need the funds for your medical treatment to recover normal function. Therefore, it’d help to hire the best brain injury lawyer around. At McDonald Worley Law Firm, our experienced brain injury attorneys can represent you. We have many years of experience winning Texas traumatic brain injury claims. We can add your case to our wins if you call us today.