Experiencing a traumatic brain injury (TBI) because of someone else’s carelessness is a profoundly difficult event. The days and weeks that follow an accident can feel disorienting and overwhelming. Your time is filled with medical appointments, questions from insurance companies, and an intense focus on your recovery. A TBI can affect every aspect of your existence, from your health and your relationships to your ability to work and enjoy the things you love. The road to getting better can be long and full of unforeseen challenges, often bringing with it a huge financial burden from medical bills and lost income.
This is where a Fort Worth traumatic brain injury lawyer can help. A TBI victim and their family should not have to face this alone. A dedicated TBI attorney at AMS Law Group understands the unique legal and medical issues that arise in these cases. We know how to stand up for your rights under Texas law and pursue the compensation you need to move forward.
Contact AMS Law Group today for a free consultation. We’ll handle the legal details so you can focus on healing.
What Is a Traumatic Brain Injury?
A traumatic brain injury is a complex medical condition. A simple bump or blow to the head can cause serious harm, disrupting normal brain function and sometimes leading to permanent damage. The injury happens when an outside force, like a sudden jolt or a sharp hit, affects the brain inside the skull.
The Severity of TBIs Varies
TBIs come in many forms and vary in severity. Doctors often classify them as mild, moderate, or severe. A mild TBI, also known as a concussion, might cause temporary symptoms like a headache, dizziness, or confusion. Many people mistakenly think a concussion is not a serious injury. However, its effects can linger for weeks, months, or even years.
Moderate and severe TBIs cause more pronounced symptoms, such as a loss of consciousness, memory problems, or personality changes. A doctor’s diagnosis and evaluation of the injury’s severity are essential for determining the correct course of treatment and understanding the long-term prognosis.
TBIs Can Lead to Long-Term Complications
An initial diagnosis of a TBI is just the beginning. The injury can lead to long-term issues that affect a person’s life in many ways. A TBI can cause chronic pain, physical impairments, and cognitive difficulties like memory loss or trouble with concentration.
Many people also experience emotional changes, such as depression, anxiety, or mood swings. The effects of a TBI are not always obvious to an outside observer, which is why a thorough medical and legal evaluation is so important.
Common Causes of Traumatic Brain Injuries in Fort Worth
TBIs can happen anywhere and at any time. When they are the result of someone else’s careless behavior, the victim has a right to pursue a legal claim. Need a lawyer at AMS Law Group knows how to investigate what happened, gather evidence, and prove who was at fault.
Car Accidents
Car, truck, and motorcycle collisions are a leading cause of TBIs in Fort Worth and throughout Texas. The violent impact of a crash can cause a person’s head to hit the steering wheel, window, or dashboard. The brain can also slam against the inside of the skull from a sudden stop. A common area for these crashes is on I-35W near downtown Fort Worth, where high speeds and heavy traffic can lead to devastating rear-end collisions and multi-vehicle pile-ups.
Falls
Slips, trips, and falls are a significant cause of TBIs, especially for young children and the elderly. A fall from a height, such as from a ladder on a job site, can result in a severe head injury. Falls on dangerous property, like a wet floor in a grocery store near the TCU campus or a broken sidewalk in the West 7th area, can also cause a TBI when the head strikes the ground.
Assaults and Violence
An external blow to the head during an assault can cause a TBI. This includes being hit with a blunt object or being shaken violently. A TBI from an assault can happen during a robbery, a bar fight, or other violent encounters.
Sports Injuries
Contact sports can result in a TBI when an athlete receives a hard blow to the head. This is a common occurrence in sports like football or soccer. These concussions are a serious type of TBI that can have lasting effects if not properly diagnosed and treated.
How Do You Prove Negligence in a Texas TBI Case?
Proving negligence in a TBI case requires a thorough understanding of Texas law and a commitment to gathering all the necessary evidence. A skilled attorney helps you build a strong case by showing the at-fault party’s actions caused your injury. File a personal injury claim in Texas by showing the at-fault party owed you a legal duty and failed to uphold it, which resulted in your TBI and related losses.
Duty of Care
“Duty of care” is the legal obligation a person or company has to act with a certain level of care toward others to prevent harm. For example, a driver has a duty to obey traffic laws and operate their vehicle safely on roads like I-30 near the Ridgmar Mall. A property owner has a duty to maintain a safe environment for visitors. This is the first step in any negligence claim.
Breach of Duty
A “breach” happens when a defendant fails to uphold their duty of care. An example is a commercial truck driver speeding through a school zone or a store owner failing to clean up a spill in a timely manner. The breach is the specific careless act that puts others in danger.
Causation
This element links the defendant’s breach of duty directly to your TBI. You must show the injury would not have occurred “but for” the defendant’s actions. For instance, you must demonstrate the car crash caused by a reckless driver directly caused your TBI and not a pre-existing condition or a different event.
Damages
Finally, you must show you suffered actual losses because of the injury. These losses, known as damages, include medical bills, lost wages, and pain and suffering. Without these losses, there is no basis for a TBI lawsuit.
What Damages Are Available in a Texas TBI Lawsuit?
A traumatic brain injury can result in substantial losses for you and your family. In a personal injury lawsuit, you can seek compensation to help cover these losses and rebuild your life. Common brain injury symptoms often guide doctors and lawyers in proving the impact of your TBI. A TBI lawyer helps you identify and calculate the full extent of the money you need.
Economic Damages
Economic damages cover the monetary losses that can be calculated and verified. A lawyer can help you gather the documents and records to prove these expenses. Examples of economic damages include past and future medical expenses, such as hospital stays, doctor visits, physical therapy, and medications. This also includes lost wages and the loss of future earning capacity if your TBI prevents you from returning to your job or working at the same level as before.
Non-Economic Damages
Non-economic damages are subjective and do not have a set price tag. These losses relate to the effects of the injury on your quality of life. Examples include pain and suffering, mental anguish, physical impairment, and disfigurement. If the TBI affects a person’s relationship with their spouse, a claim for loss of consortium may also be included. A TBI can cause significant emotional and mental distress, and a lawyer can help you pursue compensation for these difficult-to-quantify losses.
Punitive Damages
In rare cases, Texas law allows for punitive damages. These damages are not meant to cover your losses but to punish the defendant for grossly negligent or intentionally malicious conduct. An example of this is a drunk driver who caused a TBI. Punitive damages are meant to deter others from acting with similar disregard for the safety of others.
How Our Attorneys Can Help
A TBI case involves significant medical, financial, and legal matters. It is a lot for a person to take on while recovering from a serious injury. Every victim should have the chance to rest and heal while a lawyer at AMS Law Group handles the legal burden, allowing you to focus on getting better.
Initial Consultation and Investigation
The first step in working with our firm is a free, no-obligation consultation. We listen to your story, answer your questions, and evaluate the details of your case. If you decide to move forward, we launch a full investigation. We collect evidence such as police reports, accident reports, and witness statements. We also work with your doctors to obtain all of your medical records and other documents to prove the nature and extent of your TBI.
Negotiating with Insurance Companies
Insurance companies will often try to settle a TBI claim for the lowest amount possible. They may try to minimize the severity of your injuries or argue you were at fault. Our lawyers know the tactics insurance adjusters use and do not accept lowball offers. We handle all communication and negotiations, fighting for a settlement that covers your past and future losses.
Managing the Legal System
Personal injury cases involve strict deadlines and complex procedures. One missed deadline or incorrect filing could jeopardize your entire case. Our attorneys handle all legal procedures and deadlines, preparing the necessary documents and representing you in all court hearings. This gives you peace of mind, knowing the legal aspects of your case are being handled correctly while you focus on your recovery.
Litigation and Trial
While most TBI cases reach a settlement, our firm is prepared to take your case to court if the at-fault party or their insurance company refuses to offer a reasonable settlement. A lawyer presents a compelling case to a judge and jury, showing how the defendant’s carelessness caused your TBI and the full impact it has had on your life. We are committed to fighting for a just outcome on your behalf.
FAQs About Fort Worth TBI Claims
How long do I have to file a TBI lawsuit in Texas?
The statute of limitations for most personal injury cases in Texas is two years from the date of the injury. If you don’t file a lawsuit within two years or you may lose your right to pursue a claim.
What if I was partially at fault for the accident?
Texas follows a modified comparative negligence rule. As long as you are found to be 50% or less at fault, you can still recover damages. However, your compensation amount will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you were 20% at fault, you will receive $80,000.
Can a Fort Worth attorney help if my TBI occurred outside of Texas?
Typically, a personal injury case must be filed in the state where the injury occurred. However, a Fort Worth attorney can help you find a qualified lawyer in that state.
How much will a lawyer cost me?
At AMS Law Group, we work on a contingency fee basis. This means we only get paid if we successfully recover compensation for you. Our fees are a percentage of the total amount we get for your case. This allows you to pursue a claim without any upfront costs.
What if the at-fault party claims my injury isn’t severe?
This is a common tactic by insurance companies. A lawyer will use detailed medical records, imaging scans like MRIs or CT scans, and testimony from medical professionals to prove the severity and long-term impact of your TBI. We present a clear picture of how your injury has affected your life, from physical symptoms to emotional changes.
Contact Our TBI Lawyers in Fort Worth Now
A traumatic brain injury can forever change a person’s life. When someone else’s carelessness causes this devastating injury, you need an advocate on your side who understands the law and is committed to fighting for you. Take the first step toward getting the help you need. Contact the AMS Law Group for a free, no-obligation case review to learn about your legal options. Call (888) 960-8363 for a free consultation.