Austin Brain Injury Lawyer
Our Austin brain injury lawyer knows how serious your injury is.
A traumatic brain injury (TBI) is one of the most complex injuries that may occur in a vehicle accident. People who suffer from a TBI may lose consciousness immediately, or they may seem alert, only to experience worsening 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. Families whose loved ones have a massive brain injury often don’t know what each new day will bring – some TBI victims recover well, while others develop secondary health problems during rehabilitation.
If a vehicle accident caused a TBI in your family, the Evans & Herlihy Law Firm may be able to help you pursue compensation. We have more than 15 years of experience representing plaintiffs in personal injury cases, and as a small firm, we offer the kind of personal attention that’s hard to find at large corporate law offices.
What We Will Demand in Your Brain Injury Case
Your brain injury attorney will make sure that your case is given the care and attention it deserves. We know how great the costs of a serious brain injury can be, and we make sure to demand payment that reflects the many expenses you have incurred because of your injury.
The legal term for the costs of your injury is damages. Damages include not only the financial consequences of an injury, but also the non-economic consequences. You are owed payment if your injury was caused by another person. We will demand payment for…
- Medical expenses – This includes all the medical bills a brain injury victim will face, including ambulatory care, hospitalization costs, surgery, rehabilitation, physical therapy and any medications.
- Lost income – It is very likely that a serious brain injury will cause a sufferer to miss time at work. If that results in lost income, it should be factored into a claim. However, the larger cost is often the loss of future income caused by a diminished work capacity.
- Property damage – If your injury was suffered in a crash, then you have probably also suffered costs in the form of property damage, which is a recoverable expense in your claim.
- Pain and suffering – Though physical and emotional pain and suffering are more difficult to calculate, it is vital that your claim factors in these consequences of your brain injury, as they are some of the most devastating costs you have suffered.
Our team has years of experience determining how much our clients should be given for the costs they face. We know that the pain and suffering you have experienced has dramatic economic impacts on your life and, thus, must be factored heavily into the overall amount we seek on your behalf.
We will review the costs you have faced by reviewing all the bills, missed time at work, limited work capacity and property damage you experienced. But we will also look closely at how the pain you suffer impacts your life to truly understand your suffering, so we can be sure the payment we demand accurately represents your needs.
Let the Austin brain injury lawyer at the Evans & Herlihy Law Firm meet with you and your loved ones to tell you more about our approach to these types of cases. Contact us today for a free case evaluation. Call (512) 732-2727 or fill out our convenient online contact form to get started.
How Much Can You Receive in Settlement or Verdict
There is no way an attorney can know for sure how much your brain injury case is worth without knowing all the details of your injury. Some claims result in thousands of dollars in payment, while others could result in millions of dollars in compensation. An experienced, skilled brain injury lawyer will be able to review your costs to find out how much you should expect.
Though an estimate of how much you can get in a brain injury claim depends heavily on the specifics of your case, it is safe to say that brain injuries are very expensive and debilitating, so these settlements or verdicts tend to be substantial. A brain injury not only requires a great deal of medical treatment, it can also affect a person’s ability to do their job, perform routine tasks and navigate the world to the degree they did before suffering their injury. These factors mean that a brain injury victim will need a significant amount of money to cope with the many challenges they face.
The amount you eventually receive will also depend on the at-fault party’s willingness to settle or, if the claim goes to trial, how much the jury decides to award you. That introduces another element into your case that is largely out of your and your attorney’s control. However, if you work with an experienced attorney who knows how to thoroughly prepare a case, it will maximize the settlement or verdict you are given.
If you have suffered a serious brain injury, you are likely facing a lot of uncertainty. Our team takes pride in the guidance and stability we offer our clients. From the moment you first meet with us, we will offer you our perspective on your situation, so you can get a better understanding of how your case might unfold. Let us learn more about your case and give you an initial assessment.
Understanding the Process of a Brain Injury Case
Once a brain injury attorney accepts a case, they will begin the process of investigating the causes of your injury to determine who was at fault. The attorney will also review the many costs you are facing to be sure that the amount they seek meets your needs. Then, your lawyer will demand your payment from the at-fault party and their insurance company.
If the at-fault party and their representatives are willing to negotiate a settlement, then your attorney and the other side’s representatives will meet to discuss the terms of a settlement. In some cases, the other side will make an offer that is acceptable, and a settlement will be reached. You will then begin receiving payment set forth by the terms of that agreement. The amount of time it takes to reach a settlement depends on many factors, including how many people are involved, the complexity of the case and the amount of money sought by the injured party. It can take several weeks to several months, depending on the circumstances of your case.
If the at-fault party and their representatives will not negotiate a settlement or fail to meet your demands, then the dispute can move forward to a trial. In a trial, your attorney and the other side’s attorney will make their cases in front of a judge and jury. The jury will decide whether the person you are naming in the lawsuit is at fault. If the jury’s verdict is in your favor, then the amount you are awarded will also be decided by the jury.
Though the willingness of the other side to cooperate will determine whether your case is settled or goes to trial, we believe that every case should be prepared thoroughly, as if it were going to trial. This ensures your case is ready for any outcome, and it has the added benefit of maximizing the settlement you will receive.
From the moment you suffer an injury, there are opportunities to maximize the amount of money you will receive and potential mistakes you could make that might affect the value of your claim. By working with an experienced brain injury lawyer, you can be sure that you are given the guidance you need to avoid those mistakes and take advantage of the opportunities presented to you.
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 what you have gone through, so we can give you an initial assessment.
Contact the Austin brain injury attorneys at the Evans & Herlihy Law Firm today by calling (512) 732-2727 or filling out our online contact form. Our consultations are free, and we will not pressure you to move forward if you don’t wish to do so.
Traumatic Brain Injury Facts and Figures
More than 2.5 million traumatic brain-injury-related emergency department visits, hospitalizations and deaths occur in the U.S. every year, according to the Centers for Disease Control and Prevention. 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.
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 TBI and other injuries that may not be immediately evident to untrained professionals.
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. Some of these TBIs result in prolonged loss of consciousness, such as:
- 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 is one that continues for more than a month.
- Coma – The result of widespread damage to the brain, coma refers to a complete loss of consciousness, when a person is unresponsive, unaware, and cannot be awoken. A person may at some point transition from coma to vegetative state.
- Minimally conscious state – This is the state of altered consciousness that one might experience when transitioning from coma to vegetative state. A person who is minimally conscious shows some evidence of self-awareness or his surroundings.
- Locked-in syndrome – This rare state of consciousness is 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.
Types of Disabilities For Brain Injury Victims
Upwards of 5 million people in the U.S. are living with a disability caused by TBI. Some disabilities associated with TBI include:
- 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.
Specialized therapy may help TBI patients overcome the effects of disabilities, but some people never fully recover. They may need lifelong medical care; and if their TBI interferes with the ability to breathe or swallow, they will need equipment that assists with breathing and delivers nutrients 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.
Secondary Health Conditions and Impact on Livelihood
Secondary health problems can 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 of the secondary conditions associated with TBI.
Personality changes and psychological problems, particularly depression, may also be an outcome of 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 on the sufferer. 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 with a traumatic brain injury to feel isolated and to 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, we have years of experience helping our clients get the payment they need to navigate the many challenges their brain injury has caused.
Contact an Experienced Austin Brain Injury Attorney
The consequences of a brain injury can be minimal or lifelong, and they are difficult to predict. It’s 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 make up for a loss of income. In some instances, families may also be entitled to compensation for emotional suffering.
Though these cases can be complex for many reasons, you and your loved ones can leave the heavy lifting to your attorney, so you can focus on your health and recovery. If a traumatic brain injury has occurred in your family, don’t wait to ask for help. Call us today at (512) 732-2727, or simply fill out our online contact form for your no-obligation consultation.