Austin Brain Injury Attorney
- Austin Brain Injury Attorney
- Frequently Asked Questions About Brain Injury Lawsuits
- How do I know if I have a legitimate case?
- Will my case go to court or be settled out of court?
- How long does a brain injury lawsuit take?
- What do I do if the insurance company attempts to contact me?
- Do I need a lawyer to file a brain injury lawsuit?
- What types of financial compensation can I get?
- How much do I have to pay a lawyer up front?
- What if I don’t want to offend or burden the other party?
- How long after the injury can a lawsuit be filed?
Traumatic brain injuries have devastating consequences for the injured person and everyone around them. In addition to requiring substantial medical care, the effects often have a long-term impact on the person’s quality of life. Such injuries alter physical, mental and emotional responses. In some cases, traumatic brain injuries change one’s personality completely.
A prompt diagnosis, thorough medical care and on-going rehabilitation are crucial to achieving a successful outcome following a brain injury. Unfortunately, these are expensive services that are even more difficult to afford when the injured individual is unable to work. At The Law Office of Joel A. Levine, Personal Injury Lawyer, we work hard to protect the rights of individuals who have suffered a traumatic brain injury due to negligence. Whether you are working, shopping or driving down a street in central Texas, other people are responsible for maintaining a safe environment and protecting your well-being. If this duty was breached, you deserve compensation.
If needed, our experienced team will take your case to trial and demand a just recovery. We will work with you to secure compensation for past and future medical expenses, lost income, pain and suffering, loss of consortium and other damages. With an experienced brain injury lawyer at your side, you will be in good hands throughout the litigation process.
Injuries Affecting the Brain
Injuries that cause brain damage fall into two categories. Traumatic brain injuries (TBIs) include damage caused by a sudden trauma or external force. On the other hand, acquired brain injuries (ABIs) include internal conditions, such as oxygen deprivation, meningitis, infection and non-hereditary health issues that occur after birth. Children, teenagers and elderly individuals are more likely to suffer TBIs than other groups. According to the National Dissemination Center for Children with Disabilities, 1 million children sustain concussions each year. Some 30,000 children experience long-term disabilities following the trauma.
How Head Injuries Occur
Statistics from the CDC show that sports-related concussions are the most common cause of TBIs followed by car accident injuries, bicycle and motorcycle accidents, work-related injuries, slip and fall accidents, falling merchandise, birth injuries and assaults. The causes of ABIs are slightly different and include a variety of medical conditions and emergency medical events, such as stroke, aneurysm, brain tumors, encephalitis, oxygen deprivation and infection. In some cases, your doctor may be responsible for your injuries if the condition wasn’t diagnosed or treated in a safe, accurate and timely manner.
Short and Long-Term Effects
Although 75 percent of TBIs are considered mild, approximately 5.3 million Americans have a long-term disability attributed to a head injury. According to the National Institute of Neurological Disorders and Stroke, approximately 50,000 people die from head injuries each year, and many more are left with debilitating conditions that severely affect their quality of life.
Even with advanced CT and MRI scans, head trauma is difficult to diagnose, and effects can linger for months or years. Because the symptoms of brain trauma can be severe or subtle, it’s imperative to visit an emergency room immediately. While preparing your case, your traumatic brain injury lawyer will review all treatment records and work with experts to determine if your condition was diagnosed and treated properly. Failing to diagnose such a condition or forcing a patient to leave the hospital too soon can severely impact recovery. If a medical professional is responsible for your condition, we will hold them responsible.
Some of the short-term conditions linked to head trauma include bleeding within the brain, bruising and physical injury to any part of the brain. Long-term health effects related to head trauma include these conditions.
- Erratic behavior
- Memory loss
- Mood swings
- Loss of coordination
- Vision problems
Because different parts of the brain control breathing, dexterity, speech, emotion and other functions, the effects of brain trauma vary drastically. Frontal lobe damage, for example, can impair concentration, hand-eye coordination, basic motor skills, reasoning, judgment and aspects of self-control and personality. According to the Brain Injury Institute, these injuries can make you a different person.
At the Law Office of Joel A. Levine, we are committed to offering professional, compassionate representation to injured individuals in Austin TX and the greater area. With six years of courtroom experience, Joel Levine is a knowledgeable traumatic brain injury lawyer who will determine who is responsible for your injuries and hold them accountable.
Your injuries are real, and you deserve real compensation to pay for your medical care and losses. Having brain injury lawyers on your side can make all the difference in helping you achieve the best possible recovery. If you are unable to come to our office in Austin TX, we will visit you anywhere in central Texas. We can even arrange a virtual consultation if that’s more convenient for you. Plus, you don’t have to pay anything unless we win your case.
Frequently Asked Questions About Brain Injury Lawsuits
Before you pursue a lawsuit, you most likely have some questions. Here are some of the most commonly asked questions about brain injury lawsuits.
How do I know if I have a legitimate case?
Many clients are unsure if they have the right to file a lawsuit in their particular case. If a loved one has suffered a traumatic brain injury due to the fault or negligence of someone else, you may have a case. The only way for us to determine whether or not you have a legitimate case is to hear your story, ask some questions, and investigate. Then we can give you our best recommendation for whether or not to pursue the case.
Will my case go to court or be settled out of court?
It is not possible to know ahead of time, because every case is different. The majority of personal injury lawsuits settle out of court, so the chances are good that yours might as well. Sometimes settling out of court results in a higher amount of compensation, but other times it may be less. It depends on your specific case.
How long does a brain injury lawsuit take?
There’s no definite amount of time. Brain injury lawsuits can take as little as 6 months to as long as a year or more. And after your case is settled, it may take even longer to receive the compensation you are awarded, if you win your case. Cases that settle out of court typically take less time than those that go to court.
What do I do if the insurance company attempts to contact me?
You are not obligated to talk to the other party’s insurance company, no matter what they say. The insurance company will try to get you to make a statement that will jeopardize your case and allow them to avoid paying you. Do not speak to them at all and contact your lawyer.
Do I need a lawyer to file a brain injury lawsuit?
You are not legally obligated to file your lawsuit with a lawyer. But your chances of a better outcome in or out of court are more likely with the help of an experienced personal injury attorney. You are more likely to be awarded compensation and a higher amount with a lawyer on your side.
What types of financial compensation can I get?
There are a few different categories of compensation that you can sue for in your lawsuit, such as current and future medical expenses, loss of income, rehabilitative costs, pain and suffering, emotional trauma, and loss of quality of life. While some of these may not have cost you any actual money, a dollar amount can be assigned to them for the purposes of the lawsuit.
How much do I have to pay a lawyer up front?
Most personal injury lawyers work on a contingency basis, meaning they don’t collect any fees unless you are awarded compensation. You and your lawyer will decide up front what percentage or amount of your compensation they will receive, and both parties are legally bound by a contract.
What if I don’t want to offend or burden the other party?
Many victims decline to file a lawsuit after a severe injury because they don’t want to offend the other party or cause them financial hardship. But in most cases, your lawsuit is against the insurance company that doesn’t want to pay for your injuries and hardships, not the individual or business at fault. You have every right to financial compensation that will help with the past and future financial difficulties that have resulted from the incident.
How long after the injury can a lawsuit be filed?
There is a statute of limitations for personal injury lawsuits in the state of Texas, and traumatic brain injury falls under the category of personal injury. You only have two years from the date of the accident to file a lawsuit.