Brain Injury Lawyer in Austin
Skilled Legal Help from Experienced Professionals
Getting help from a brain injury lawyer can be one of the most important decisions you make after your injury. Severe brain injuries can require expensive long-term care as well as costly medical care. Having a skilled attorney who can act as your advocate to get the compensation you deserve can help remove the stress and worry about those expenses.
Accidents can be overwhelming and frightening, and when someone is seriously injured, devastating. A traumatic brain injury (TBI) is one of the most complex injuries resulting from accidents. If you or a member of your family suffered an injury caused by the negligent actions of others, you should contact a brain injury lawyer in Austin. You may be entitled to compensation, which can play a critical role in both current and future care. The Austin TBI lawyers at Evans & Herlihy Law Firm can help you move forward. Contact us at (512) 732-2727 to request a free consultation.
Traumatic Brain Injuries Can Be Life-Changing
Our TBI Lawyers Understand the Repercussions
Responses to traumatic brain injuries are not always the same. Some people who suffer from TBIs lose consciousness immediately, while others may seem alert and coherent, only to experience a worsening of symptoms over time.
Even a concussion, the mildest form of TBI, can cause long-term health problems and personality changes. More serious TBIs can result in severe disabilities, prolonged loss of consciousness, and death.
A serious TBI can impact your ability to work and support your family. It may leave you with life-long disabilities that will require medical care and rehabilitation for many years. The costs associated with this care may be far more than what you would have earned had you been able to continue to work.
Consider How a TBI Lawsuit Can Help Your Future
A brain damage lawsuit can result in compensation for the impact the TBI has had on your life. This can include the income you have lost in the past, as well as your future earnings. It could cover your medical and rehabilitation bills, the outside care you receive, and the pain and suffering you have experienced because of the accident. While money will not restore your life to its pre-accident style, it can help make your new life as fulfilling and functional as possible. It is important to recognize that Texas law requires all personal injury cases to be filed within two years of the accident. Time is of the essence.
If a car accident caused a TBI to you or a member of your family, the Evans & Herlihy Law Firm might be able to help you pursue the compensation you deserve. We have more than 15 years of experience representing plaintiffs in personal injury cases. We are well-regarded as an accomplished brain injury law firm in Austin, and our winning record shows why. As a small firm, we can provide empathetic, personal service to each and every one of our clients.
Our brain injury attorneys take the time to get to know you. We actively listen to your experience and focus on your needs. Honestly, our size is one of our greatest assets.
We Understand Brain Injury Cases
The Three Phases of Our Work
Our Austin TBI attorney will manage your entire case from beginning to end. We take responsibility for the process, so you don’t have to. Having an overview of our plans, however, provides you with a roadmap. Just because you are not responsible for day-to-day work, this does not mean you don’t want to know what is happening.
We will keep you informed of our progress and always welcome your questions. Never hesitate to call us; we work for you.
Investigation of Your Case: This first phase commences after your brain injury attorney has accepted your case. At this point, we will begin investigating the causes of your injury to determine who was at fault. We will also review all your expenses. Our brain injury lawyer must determine how much money you require to meet your needs. Once we have identified this figure, we will demand payment from the at-fault party and their insurance company.
Negotiation of a Settlement for Your Brain Injury: Step two is the negotiation phase, and it is extremely critical. If the at-fault party is willing to negotiate a settlement, we will meet with their representatives and aggressively advocate for you. In some cases, they will make an acceptable offer (one that considers all your expenses and your pain and suffering), a settlement will be reached, and you will begin to receive the payment as set forth by the terms of that agreement.
The amount of time it takes to settle depends upon many factors, including the number of people involved, the complexity of the case, and the amount of money sought by the injured party. This process can take several weeks to several months, depending on the circumstances of your case.
Litigation of Your Brain Injury Case: Phase three of the process occurs only if the at-fault party and their representatives will not negotiate a settlement and if they fail to meet our demands. It is at this point that the dispute goes to the courts.
During the trial, we will share our case with the judge and jury, and the attorneys for the insurance company. In the end, the jury will determine whether the person you have named in your lawsuit is at fault. If the jury rules in your favor, then they will determine damages based on the law.
Compensation in a TBI Lawsuit: What It Covers
Our Austin brain injury lawyers will ensure that your case is given the care and personalized attention it deserves. We appreciate the trauma you have experienced in the past and recognize that it affects you every day.
We recognize that each individual and his or her case is unique. Past and future expenses vary by situation. As such, we will take the time to thoroughly understand you, your experience, and the financial impact of your accident. The costs we seek to recover include but are not limited to:
- Medical expenses – This category includes all the medical bills a brain injury victim has and will incur, including ambulatory care, hospitalization costs, surgery, rehabilitation, physical therapy, and medications.
- Lost income – It is very likely that a serious brain injury will result in missed time at work. We will incorporate this lost income into your claim. Additionally, we will pay particular attention to the possible loss of future income that often results from the diminished work capacity caused by the traumatic brain injury.
- Property damage – If your injury was sustained during a vehicular crash, then you likely have experienced losses resulting from property damage. This is another recoverable expense which we would claim.
- Pain and suffering – There are no doubts that TBIs result in considerable pain and suffering. While it may be difficult to quantify, you must include compensation for them in your case. These consequences are some of the most devastating to your life.
How Our TBI Attorneys Fight for Compensation for Your Injuries
We will help qualify the compensation you deserve. Our brain injury attorneys will leverage their years of experience to help determine what you are due. We appreciate that the pain and suffering you have experienced and continue to live with drastically impact your life and, thus, must be factored heavily into the overall award which we seek on your behalf.
We will accurately compile your expenses by reviewing all your bills, missed time at work, limited work capacity, and property damage you experienced. Additionally, our brain injury lawyers will closely examine how your pain impacts your life to truly understand your suffering. We will use this information to be sure that the compensation we demand accurately represents your needs.
Let an Austin brain injury lawyer at the Evans & Herlihy Law Firm meet with you and your loved ones to share our complete approach to these types of cases.
Your TBI Lawsuit Settlement Expectations
Understanding the details of your injury is critical in helping to determine what you can expect concerning compensation. Some claims result in thousands of dollars in payment, while others could result in millions. An experienced, skilled brain injury lawyer will be able to review your costs to help determine how much you can expect to receive.
Though an estimate of your settlement depends heavily on the specifics of your case, it is commonly accepted that brain injuries are both costly and debilitating. Thus, these settlements or verdicts tend to be substantial. A brain injury not only requires significant medical treatment, but it also can affect a person’s ability to work, perform routine tasks and navigate the world to the degree they did prior to their injury. These factors substantiate the fact that brain injury victims need significant sums of money to cope with the many challenges they face.
The amount you eventually receive is also dependent upon the at-fault party’s willingness to settle or, if the claim goes to trial, the judge’s decision. These factors introduce additional elements into your case, both of which are largely out of you and your attorney’s control. However, working with an experienced TBI attorney, one who understands both the state laws as well as the importance of preparation, will improve your chances of receiving appropriate compensation.
Frequently Asked Questions About Brain Injuries
Our Austin TBI Lawyers Address Your Issues
If you are the victim of an accident and are suffering from a traumatic brain injury or have a loved one who is, it is not surprising that you would have many questions. Below, our brain injury lawyer has addressed several of those raised most often. Please contact us directly if you need further clarification or if you have additional questions. We understand that things are unbelievably stressful right now. We are always happy to review your case, answer your questions, and help you to move forward.
Are Traumatic Brain Injuries Common?
One look at traumatic brain injury facts and figures, and you will have your answer.
According to the Centers for Disease Control and Prevention, more than 2.5 million traumatic brain-injury-related emergency department visits, hospitalizations, and deaths occur in the U.S. every year. Over 800,000 of those injuries are suffered by children.
Of those admitted to the hospital, roughly half will need surgery, followed by a stay in a neurological intensive care ward. Some patients may need to be transferred to a rehabilitation hospital for additional therapy before they can return home.
Are Brain Injury Cases Straightforward?
Unfortunately, the short answer is “no.” In fact, brain injury cases are complex and require experienced attorneys.
Though the willingness of the other side to cooperate will determine whether your case is settled or goes to trial, every case must be prepared thoroughly. A good attorney always prepares as if each case will go to trial. Being ready for any possible outcome is the mark of quality representation, and it has the added benefit of maximizing the settlement you will receive.
An experienced TBI attorney can make a major difference for you and your family. Insurance companies and their attorneys recognize when an injured person’s attorney is ready to take a case to trial. If they believe that your attorney is serious and well-prepared, they will be more willing to offer a settlement that meets your needs.
By working with an experienced brain injury lawyer, you can be sure that you are provided appropriate guidance. With qualified representation, you will avoid costly mistakes and take advantage of the opportunities that arise.
We encourage you to contact our team today to get started. When the stakes are this high, you don’t want to leave anything to chance. The sooner you talk to an attorney, the better. We want to meet with you and your loved ones to find out more about your experience. Contact the Austin TBI lawyers at the Evans & Herlihy Law Firm today by calling (512) 732-2727 or filling out our online contact form. Our consultations are free, and the decision to move forward is always yours.
What Are the Symptoms of a TBI?
TBIs vary in severity, and injuries that are isolated to one area of the brain – depending upon the location of the injury – may be easier to treat than widespread TBIs.
Some of the symptoms of a mild TBI include headache, nausea, balance problems, irritability, and concentration difficulties. Occasionally, when people sustain a bump on the head during a vehicle accident, these symptoms may arise several hours later. Seeing a doctor as soon as possible after a traffic accident can help identify a TBI and other injuries that may not be immediately evident to untrained people.
A skull fracture, a penetration injury to the brain, or multiple impacts to the brain in a single accident may result in immediate loss of consciousness and severe brain damage. The following may occur.
- Vegetative state – In this state, a person is unconscious and unaware of their surroundings but continues to have sleep-wake cycles and episodes of alertness. They may be able to respond to stimuli, make sounds, or move.
- Persistent vegetative state – A persistent vegetative state continues for more than a month.
- Coma – The result of widespread damage to the brain, coma refers to a complete loss of consciousness; the person is unresponsive, unaware, and cannot be woken. A person may, at some point, transition from a coma to a vegetative state.
- Minimally conscious state – This is the state of altered consciousness that one might experience when transitioning from a coma to a vegetative state. A minimally conscious person shows some evidence of self-awareness of his or her surroundings.
- Locked-in syndrome – This rare state of consciousness occurs when a person cannot speak or move but is aware of his or her surroundings.
- Brain death – This is an irreversible loss of all brain activity.
An injury serious enough to cause a prolonged period of altered consciousness could result in disability.
What Types of Disabilities Are Suffered by Brain Injury Victims?
Upwards of 5 million people in the U.S. are living with a disability caused by TBI. Some of the disabilities associated with TBIs include, but are not limited to:
- The inability to recognize familiar objects
- Blurred or double vision, intolerance of bright light, loss of eye movement, and blindness
- The loss of one’s ability to communicate thoughts or understand language
- Speech that is slowed, slurred, and difficult to comprehend
- Weakness, paralysis, or loss of movement on one side of the body.
While specialized therapy may help some TBI patients overcome the effects of disabilities, others, unfortunately, will never fully recover. They may need lifelong medical care. Additionally, if their TBI interferes with their ability to breathe or swallow, they will also need equipment that assists with breathing and delivers nutrients directly to the stomach. In cases of severe disability, TBI patients may have to reside in a supported living group home or a long-term care facility.
The costs associated with these types of medical treatment can be extremely high, especially when one considers that the symptoms of a TBI are not always short-lived. Quite the contrary, sometimes they last a lifetime. Therefore, it’s important to talk to our skilled brain injury attorney at Evans & Herlihy. We will work to ensure you receive the compensation you deserve.
Since you pay us nothing unless we win, consider working with us. We provide you the opportunity to reach a more appropriate settlement, one that will cover your medical costs, as well as non-economic damages, like the pain and suffering that often comes with having a severe TBI.
What Are the Secondary Health Conditions and How Do They Impact Livelihood?
Nothing is easy in the case of a traumatic brain injury. In fact, secondary health problems often arise quickly in TBI patients because the brain’s ability to send signals to the body may be compromised. Infection, blood clots, joint immobility, respiratory impairment, and digestive system defects are just some secondary conditions associated with TBI.
Personality changes and psychological problems, particularly depression, may also result from a TBI. And many people report continuing chronic pain. These consequences can be devastating, not only for the person who suffered a serious brain injury but also for all of those who live with or depend upon him or her. The impact of a serious brain injury on a person’s quality of life can be dramatic, affecting their relationships, work, family, and community. It is common for a person suffering from a traumatic brain injury to feel isolated and withdraw from the people and activities they once enjoyed.
Though these many challenges might be considered “secondary,” they have a direct and monumental impact on a brain injury victim’s life. When someone files a legal claim for compensation because of a brain injury, it is important that they have a legal representative who understands the impact the injury has on their client’s life.
At the Evans & Herlihy Law Firm, our Austin brain injury attorneys have years of experience helping our clients get the payment they need to navigate the many challenges their brain injury has caused.
Who Can I Talk to Regarding My Brain Injury Case?
After getting the medical attention you or your loved one requires, the first person with whom you should speak to is a brain injury attorney. While it may seem wise to contact insurance companies, it is not. In fact, you may end up sharing information or agreeing to something that is not in your best interest. Your brain injury attorney will handle all communications on your behalf.
Our team takes pride in the guidance and stability we offer our clients. Immediately upon meeting you and listening to your story, we will offer our perspective on your situation. This provides you a better understanding of how your case may unfold. Let us learn more about your situation and provide an initial assessment. Call us today at (512) 732-2727 to request a free consultation.
Contact an Experienced Brain Injury Attorney in Austin
Our Attorneys at Evans & Herlihy Law Firm Understand Your Needs
As someone dealing with a TBI, you are likely frustrated, upset, and possibly overwhelmed. Just getting through the day can take all your efforts, never mind managing the many factors necessary for a successful lawsuit. At Evans & Herlihy, our brain injury attorneys are ready to help immediately. We have a deep understanding of all Texas personal injury laws, including those relating to traumatic brain injuries.
We understand that the consequences of a brain injury can be minimal or lifelong, and they are difficult to predict. It is not uncommon for brain injury patients to require additional hospitalization long after their initial injury, as other health problems emerge.
For brain injury victims and their families, pursuing a personal injury claim against the party or parties responsible for their injuries can help cover the medical costs associated with this serious injury, as well as compensate for a loss of income. In some instances, families may also be entitled to payment for emotional suffering.
We Manage the Legal Process
While pursuing legal claims against those responsible for your injury is a simple decision, the process itself can be incredibly complex. There is so much to do and so many things to handle.
We will leverage our experience and expertise to provide you with the best advice and counsel possible to get you the settlement you ultimately need and deserve.
While we do this, you can concentrate on your recovery, a process that deserves 100 percent of your attention. You focus on yourself, and we will take care of the rest.
TBI Lawsuit Fees
As mentioned earlier, there is no out-of-pocket cost at the onset to work with us. Our brain injury attorneys do not get paid unless we win your case. Working with us is a win-win situation. When we meet to learn about your experience, we will explain our compensation structure should you decide to move forward with us. There is never a charge for your initial consultation.
Why You Should Choose Our Brain Injury Lawyer for Help with Your Case
When you engage Evans & Herlihy, you benefit from working with Austin’s best brain injury law firm. Our reputable and experienced attorneys are the keys to receiving a favorable settlement. And the sooner you engage with one, the better your chances and the easier the process.
If a traumatic brain injury has occurred in your family, do not wait to ask for help. Call our experienced brain injury lawyers today at (512) 732-2727, or simply fill out our online contact form for your no-obligation consultation.