Your Brain Injury Lawsuit Resource
Brain Injury Resources and FAQs
Brain injuries are some of the most traumatic a person can suffer. They are very difficult to recover from, and they can change your life forever. You may be left unable to work, become dependent on others, and may not even be able to perform the simple tasks you once did. The recovery process is also long and can result in mounting medical bills, rehabilitative expenses, and perhaps even accommodations made to your home.
Accident victims often have many questions about the legal options they have after suffering a brain injury. At Ketterman Rowland & Westlund, our dedicated brain injury attorneys are here to answer those questions and provide strategic legal representation aimed at recovering maximum compensation for our deserving clients.
Do I Have Grounds to Pursue a Brain Injury Case?
Yes. If you can prove that another person or party was negligent, and that negligence led to your injury. This means you must prove they acted carelessly or recklessly, and that those actions caused the accident that resulted in your trauma. Negligence can include failing to provide a proper standard of medical care, running a red light, failing to keep a property in a safe condition, and more.
Some of the common types of cases our firm handles involve:
- Car, truck, and motorcycle accidents
- Pedestrians or bicyclists
- Nursing home abuse or neglect
- Slip and fall
- Medical malpractice
- Workplace accidents
In Texas, victims can also be held partly liable if they contributed to the cause of the accident. In order to have grounds for filing a case, your percentage of fault must be less than 51 percent.
How Long Do I Have to File a Lawsuit Against the Party That Caused My Brain Injury?
The statute of limitations for a personal injury claim in Texas is two years from the date of your accident.
What Types of Financial Compensation Can I Recover?
Brain injuries are typically very serious and have lifelong costs associated with them. As such, brain injury victims often require higher amounts of compensation to fully account for damages. They must take into consideration not only their current expenses, such as medical bills, but any expenses they will face in the future as well.
In Texas, the two types of damages available in personal injury claims are known as special and general damages.
1. Special damages are those that have an actual dollar amount attached to them.
The most common of these include:
- Current and future medical expenses
- Current and future lost income
- Current and future rehabilitative costs
2. General damages are non-economic losses.
That is, they do not have a specific dollar value. Still, Texas courts recognize that you deserve compensation for these damages. The most common types of general damages include:
- Pain and suffering
- Emotional trauma
- Loss of quality of life
In some cases, accident victims are awarded punitive damages.These damages are not intended to compensate you for your loss, but rather, they are meant punish the defendant. Punitive damages are only awarded when the defendant showed gross negligence, or extreme recklessness.
Will I Have to Go to Court for a Brain Injury Lawsuit?
Many people worry that if they pursue a personal injury claim, they will have to go to court. At the beginning of a claim, it is difficult to determine whether a case will go to trial. Both sides, however, generally try to prevent that from happening, and most brain injury cases settle out of court. However, there are cases where a trial is necessary in order to recover the full amount of compensation the victim needs. This is why it is important that you have an attorney with extensive trial experience and a record of success in the courtroom. When the defense and their attorney know you have a powerful litigation team, they are much more likely to offer a fair settlement.
How Long Does a Brain Injury Case Take?
Unfortunately, there is no way to tell how long your case will take to settle, or be decided on by a judge or jury. Many cases take at least a year after they are filed, but some settle in as little as six months. When cases are very complicated, or the other side is adamant in denying fault, a case can take much longer to finalize.
What Should I Say If an Insurance Company Contacts Me?
After an accident that resulted in a brain injury, you will likely be contacted by an insurance adjuster. This is particularly true when the other party was at fault. Even if you or the other party argues that you were at fault for the accident, the other side’s insurance company may still contact you. You are under no obligation to speak to the other party’s insurance company. Generally speaking, you should not say anything to the insurance company until you speak to an attorney. Insurance companies use many tactics to deny claims so they can avoid paying out on large settlements. They will take your words out of context and try to get you to accept blame for the accident. They may even ask for a recorded statement or ask you to sign a medical release so they can show a pre-existing condition was the cause of your injuries. A knowledgeable brain injury attorney will not let insurance companies get away with these tricks and will fight to protect your rights every step of the way.
How Much Does It Cost to Hire a Lawyer For My Case?
Most law firms will accept a case on a contingency fee basis. This means that you only pay our attorneys if your claim is successful. The attorney fees are then taken as a percentage of your total compensation. Before beginning to work on a case, attorneys will also meet with you in a free consultation, during which they can answer all your questions related to your case and any questions you have.
How Will a Lawyer Help Me with My Case?
Brain injury cases are some of the most complex personal injury cases. They require strong evidence and a fair and accurate estimation of the damages incurred. In addition, there are many procedures, rules, and processes to follow. These are just a few of the reasons why it is so important that accident victims speak to a brain injury lawyer as soon as possible.
- First and foremost, your attorney will work to build you the strongest case possible. While you focus on your recovery, your attorney will gather evidence to support your claim, work with medical professionals who can provide expert testimony, and build and present your case to the court or insurance companies.
- Your brain injury attorney will also fight for the full amount of compensation you are entitled to receive. This includes calculating your current and future damages, negotiating with the insurance company or attorney for the defense for a fair settlement, and being prepared to take your case to trial, if necessary.
- Last but certainly not least, your attorney will ensure your rights are upheld at all times and always work with your best interests in mind. When insurance companies offer a low settlement, your attorney will advise you on the offer and aggressively negotiate for more. If a defense attorney tries to place blame for the accident on you, your attorney will refute those claims and present evidence to show the other side is liable. Ultimately, your attorney is only successful if you are satisfied with the outcome of your case.
Contact Ketterman Rowland & Westlund Today
If you have suffered a traumatic brain injury in an accident that was caused by someone else, now is the time for you to focus on your recovery. At Ketterman Rowland & Westlund, our powerful team of skilled personal injury lawyers can take care of the rest. One of our lawyers can meet with you in person to evaluate your claim and explain your legal rights. We will work tirelessly to build you a strong case and fight for the full amount of compensation you deserve.
Contact us today for your free consultation, and let us get to work helping you.