COVID-19: Available for in-person or zoom client meetings
LEARN MOREFREE CONSULTATION: 817-617-7797
Car accidents are one of the primary causes of traumatic brain injuries (TBI) across the United States, and Texas sees a large number of these cases annually. If you or someone you love has sustained a TBI from a car accident, it’s natural to wonder whether you can pursue legal action. Understanding your rights, the legal process, and the specific circumstances of your case is crucial when deciding to file a lawsuit. For those in major Texas cities like Fort Worth, where traffic accidents are common, it’s essential to be informed of all your legal options.
A traumatic brain injury occurs when an external force causes damage to the brain. In car accidents, this often happens when the head hits an object, such as the steering wheel or dashboard, or when a rapid movement causes the brain to collide with the inside of the skull. Even minor accidents can result in significant brain injuries, especially if the brain is subjected to whiplash-like forces.
The effects of a TBI can vary significantly depending on the severity. Some individuals may recover from mild TBIs like concussions with proper treatment, while others may experience long-term or even permanent disabilities, such as memory loss, cognitive impairments, or physical limitations. In severe cases, individuals may require years of rehabilitation or ongoing medical care.
One of the key components of a TBI lawsuit is proving that the accident was caused by another party’s negligence. In Texas, you must demonstrate that the other driver or another responsible party (such as a commercial vehicle operator or employer) failed to act reasonably and that their actions directly resulted in the accident that caused the injury. Texas follows a "comparative fault" rule, meaning that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault.
For example, if another driver ran a red light and collided with your vehicle, resulting in a traumatic brain injury, they would likely be held liable for the accident. However, if you were also speeding at the time, your own negligence might reduce the compensation you can recover.
In some cases, it may be necessary to hold multiple parties accountable. This is especially true in accidents involving commercial vehicles, where the driver, their employer, or the vehicle manufacturer may all share some responsibility.
The compensation you can receive in a TBI lawsuit depends on the extent of the injury and the impact it has on your life. In Texas, compensation typically falls into two categories: economic and non-economic damages.
In rare cases, you may also be eligible to seek punitive damages. These are awarded in cases where the at-fault party’s conduct was particularly reckless or malicious, such as in cases involving drunk driving or extreme negligence.
In Texas, the statute of limitations for filing a personal injury lawsuit, including those involving traumatic brain injuries, is generally two years from the date of the accident. This means you have a limited window of time to pursue legal action. It’s important to begin the process as soon as possible to ensure that evidence is preserved and that your case is filed within the legal timeframe.
There are exceptions to the statute of limitations, such as cases involving minors or instances where the injury was not immediately apparent. For example, some individuals may not realize they sustained a TBI until weeks or months after the accident, as symptoms can sometimes develop gradually. In such cases, the clock may start from the date the injury was discovered rather than the date of the accident.
Filing a lawsuit for a traumatic brain injury can be complex, especially when dealing with insurance companies, medical experts, and legal procedures. Having a personal injury lawyer on your side can significantly increase your chances of securing fair compensation. An attorney experienced in TBI cases can help you gather the necessary evidence, including medical records, expert testimonies, and accident reports, to build a strong case.
In addition, lawyers can handle negotiations with insurance companies on your behalf. Insurance companies often try to settle claims for as little as possible, and without legal representation, you may not receive the full amount of compensation you’re entitled to. An attorney can advocate for you, ensuring that your current and future needs are fully considered in any settlement or court decision.
For those living in Fort Worth, working with a lawyer who understands the local legal landscape can be particularly beneficial. Texas has specific laws and regulations that may affect your case, and a local attorney will be familiar with the courts, judges, and opposing counsel in the area. Additionally, Fort Worth has its own unique traffic patterns and accident trends, which may play a role in your case.
If your TBI was caused by a car accident in Fort Worth or surrounding areas, it’s important to seek legal counsel who understands the specific challenges of your case. Our firm has experience handling TBI cases in Texas and can guide you through the legal process, helping you pursue the compensation you deserve.
If you or a loved one has suffered a traumatic brain injury in a car accident, time is of the essence. The sooner you consult with a lawyer, the better your chances of building a strong case. Don’t let medical bills, lost wages, and emotional distress overwhelm you—there are legal options available to help you recover.
Our car accident attorneys are here to assist you in seeking the compensation you need to move forward. Contact us today to schedule a consultation and learn how we can help you take the next steps.
If you’re in Fort Worth or anywhere in Texas, reach out to us today to discuss your case. We’re committed to helping our clients recover the compensation they deserve after a traumatic brain injury.
