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August 09, 2022

Dallas Brain Injury Lawyer

It only takes a second to sustain a brain injury, but the consequences are profound. A traumatic brain injury is one of the most serious and most expensive injuries anyone might experience. The long-term negative consequences can manifest in many ways. Our Dallas brain injury lawyer can help you secure compensation when your life is radically altered by a brain injury.

Seeking compensation for a brain injury requires the extensive legal knowledge of experienced brain injury lawyers. Crain Brogdon LLP is a nationally recognized Dallas personal injury firm with the experience you need to gain all the compensation you deserve after a brain injury.

We will fight aggressively on your behalf to ensure you get the best possible outcome in your brain injury case. Contact Crain Brogdon today at 214-522-9404 to schedule your free consultation with our brain injury attorney in Dallas.

Time Limits to Pursue a Brain Injury Case

Waiting Can Cost You Compensation

There is a limited amount of time in which you can take action after a brain injury. Time limits are set by the Texas statutes of limitations. These are determined by the cause of the injury, not the injury itself.

Most situations that lead to a brain injury have a two-year statute of limitations in Texas. If a brain injury led to the death of a loved one and you want to pursue legal action related to their wrongful death, there is also a two-year time limit in Texas.

Two years may sound like a long time, but victims can’t afford to wait if they hope to gain compensation after a Dallas brain injury. Your brain injury lawyers will need ample time to investigate, build a case, and initiate legal action.

How Our Dallas Brain Injury Lawyers Can Help

Gaining compensation after a Dallas brain injury is difficult to accomplish without the help of an experienced brain injury lawyer. Brain injury cases are particularly complex, because they can result from such a wide variety of situations.

  • When a brain injury is caused by a motor vehicle accident, an assault, or many other scenarios, our TBI lawyers will probably file a personal injury lawsuit.
  • If the cause of a brain injury was a slip and fall accident, your case falls under premises liability.
  • If a brain injury was caused by a workplace accident, like a construction fall or caught-between accident, your claim will need to go through workers’ compensation.
  • If a brain injury was sustained through the use of a dangerous or defective product, our brain injury lawyer will need to build a product liability case.

The many possible types of cases mean that our brain injury attorney in Dallas must be knowledgeable about all these areas of law. Additionally, they’ll need to be educated on legal matters related to brain injuries, like how damages should be calculated.

Every brain injury case is unique. Our Dallas brain injury attorney may need to:

  • Communicate with insurance companies
  • Complete insurance and legal documentation on your behalf
  • Conduct an independent injury investigation
  • Review law enforcement response for errors
  • Consult with experts and witnesses
  • Establish liability
  • Identify a target compensation value
  • Negotiate a fair settlement
  • Advocate for your rights in court.

Our TBI lawyers at Crain Brogdon will also work to protect you from unfairly low offers from insurance companies and other parties. After a brain injury, it can be difficult to assess what compensation value is fair, given the extent of the damages. An injured person or their family members might also need help estimating the long-term costs of medical care after a brain injury.

Because our brain injury attorneys in Dallas care, we take on the hard cases, even when a successful outcome may not be as easily attainable. We have a combined 125+ years of experience, and we use it to your benefit.

Our focus is on the compensation, because we know that’s what our clients need. We never settle unless it is in your best interests and it produces maximum results.

Why Choose a Brain Injury Attorney at Crain Brogdon?

Nationally Esteemed Brain Injury Lawyers

If you wonder why you should work with a brain injury attorney at Crain Brogdon instead of another firm, consider these strengths we offer our clients:

  • Experience. The brain injury lawyers at Crain Brogdon have the knowledge and experience you need to successfully gain compensation after the devastation of a brain injury.
  • Winning Record. The legal team at Crain Brogdon has achieved over $300 million in compensation money for clients injured through the negligence of another. Our firm is nationally recognized for outstanding legal representation, and our attorneys have received multiple honors and awards.
  • Leadership. The experienced lawyers at Crain Brogdon are distinguished through their roles as presidents and influential members of numerous major legal associations.
  • Analysis for Media. Our firm’s attorneys are often asked to provide national media analysis. They’re also frequently called upon to provide guidance by teaching and training attorneys across the country on how to provide clients with the representation they deserve.
  • Relationship with Clients. Crain Brogdon takes a personalized approach to legal representation. Clients and attorneys at Crain Brogdon become close and often become friends.

A brain injury case comes in the aftermath of difficult and emotional times for a family, and the brain injury lawyers at Crain Brogdon strive to provide clients with compassion and reassurance as the legal process is navigated.

Get the legal help you need so you can secure the compensation you deserve for your injuries and can move on with your life. Call our brain injury lawyer in Dallas today at 214-522-9404. The consultation is free, and there are no fees unless we win your case.

What to Do After a Dallas Brain Injury

Protect Yourself by Responding Correctly

When an individual receives a brain injury, immediate medical attention is crucial. Failure to immediately seek medical help can result in death. It can also hurt your chances of receiving compensation. Anyone who sustains a blow or any other injury to the head should be checked by a doctor.

In some cases, an initial blow may not cause a noticeable injury. When a blow to the head results in delayed injury, it can later be discovered that brain trauma is present. In cases of delayed injury, medical documentation at the time of the incident can be essential to proving that the accident was the source of the brain injury.

The injury should also be reported when possible. A car accident or assault should be reported to police, and a workplace injury must be reported to a supervisor. Promptly reporting an injury establishes documentation to support your case for compensation.

Always consult with our brain injury attorney in Dallas before speaking with an insurance company or accepting a settlement offer. Insurance companies do not make offers that put your best interests first. Their priority is to save themselves money.

This means that speaking with an insurance company puts you at high risk of making statements that cost you coverage, and any payout offer that TBI lawyers haven’t negotiated will probably be much lower than it could be.

Liability for a Dallas Brain Injury

When a brain injury happens because of an accident or action caused by a person, organization, or company, the responsible party can be held accountable for the damage caused. Holding another accountable for your damages is done through the legal process of proving negligence. Negligence is a legal concept and has four parts.

In order for a Dallas brain injury attorney to prove that another has been negligent, they must establish evidence showing:

  • One party had a duty of care toward another.
  • This duty was breached.
  • The injury was a direct result of that breach.
  • The injuries and damages can be proven in court.

These points will be demonstrated differently based on the circumstances of a case. In each situation, your brain injury lawyer will work to build a case showing how negligence occurred.

When oversight or poor judgment calls result in consequences like a brain injury, the duty of care has been breached. The same is true for a negligent driver, an unsafe workspace, or a product manufacturer that produces and sells a dangerous product. In each case, proving negligence follows the above criteria.

If our brain injury attorney in Dallas can build a strong case to meet the criteria for negligence, the other party is deemed negligent. Once this happens, they are legally liable for the financial costs and losses incurred by the brain injury.

Let’s discuss your case and how negligence might be a factor in the potential settlement amount. Call our brain injury attorney today at 214-522-9404 for your free consultation.

Compensation for a Dallas Brain Injury

The estimated lifetime cost of caring for an individual with severe TBI ranges from $85,000 to $3 million.

In the state of Texas, there are two types of damages compensation you can seek after a brain injury: economic damages and non-economic damages.

Economic Damages in a Brain Injury Case

Economic damages are sought for expenses and losses that have a demonstrable value. Examples of common economic damages include:

  • Medical bills
  • Medical devices
  • TBI living assistance
  • Lost wages
  • Lost lifetime earnings.

In addition to compensation for expenses already incurred, economic damages can provide your family with the funds necessary to cover future medical and care expenses related to the injury. If you are severely injured and no longer able to work, your family can be reimbursed for lifetime earnings that were anticipated before the accident.

Non-economic Damages

The other primary type of compensation is non-economic damages. These provide compensation for losses that don’t have a corresponding dollar amount. Common items for which to seek non-economic compensation include:

  • Pain and suffering
  • Emotional distress
  • Reduced quality of life
  • Loss of companionship and consortium.

A severe brain injury can have a profound impact on these areas, which means that non-economic damages in a TBI case can reach significant amounts.

When Brain Injury Cases Include Punitive Damages

When a case goes to court for a verdict, the judge or jury will sometimes award punitive damages. This additional compensation money is intended as a form of punishment for gross negligence.

Texas law puts damages caps on punitive damages, claims against the government, and non-economic damages in medical malpractice claims. Most other types of compensation don’t have caps under Texas law, which means there may be no legal limit on the amount of money your family could receive in a brain injury case.

If you have questions about what types of damages you may be eligible to receive in your case, call our Dallas brain injury attorney today at 214-522-9404.

FAQs About Brain Injuries and TBIs

These Are Common Questions Asked of Our Brain Injury Attorneys in Dallas

Our Dallas brain injury attorneys answers commonly asked questions about brain injuries and TBIs as they are related to personal injury cases.

How much money can I gain in a brain injury lawsuit?

Compensation for a brain injury can vary widely by case. Factors that impact the total amount are usually related to the severity of the injury and are measured by items like medical costs and long-term medical prognosis.

Because a brain injury is such a severe and life-altering form of injury, brain injury settlement amounts can be very high, sometimes reaching into the millions.

What if my loved one died because of a brain injury?

If a loved one’s death was caused by or related to a brain injury, compensation may be possible. A brain injury lawyer will assess your case. If it’s possible to establish negligence, you can file a wrongful death action seeking compensation for the avoidable and unexpected loss.

Will I need to go to court for a brain injury case?

You probably won’t need to appear in court over a brain injury case. Most cases settle through negotiation. This process can be much shorter and less expensive than awaiting multiple court hearing dates and seeking a judge’s verdict. Cases typically go to court only when the other party refuses to agree upon a fair settlement.

How long will it take to receive compensation?

The length of time it takes to arrive at a brain injury settlement can vary widely by case. Elements that impact the length of a case include how strong the evidence is, whether multiple parties are liable, and whether your case goes to court. A straightforward case might take a few months, while a more complex case could take closer to a year or longer.

How much does a Dallas brain injury lawyer cost?

The Dallas brain injury attorneys at Crain Brogdon work with clients on a contingency fee basis. Your attorney fee is calculated as a percentage of the overall compensation awarded.

A contingency fee arrangement allows clients to take necessary legal action after a brain injury, regardless of their present financial situation. Attorney fees are subtracted directly from your settlement amount, and you only pay when your case wins.

If you need more detailed answers that address your unique situation, contact our brain injury attorneys in Dallas using our online form or by calling us directly at 214-522-9404.

Common Causes of Brain Injury

A traumatic brain injury (TBI) can be sustained in many ways. The most common situations that result in TBI include:

  • Car accident
  • Slip and fall accident
  • Defective or dangerous product
  • Firearm
  • Assault.

The commonality in these situations is that they can all cause a blow or other serious injury to the head that results in lasting damage to brain function. The force of impact and type of injury both play a large role in the degree of damage sustained in a brain injury.

Brain injury cases are unique for a few reasons. A brain injury can have a wide range of outcomes and expenses. Possible sources of compensation and the time limits for taking legal action can vary widely, because these depend on liability and the type of accident that caused the injury.

The Long-Term Effects of Brain Injury

The Life-Altering Consequences of a TBI

The Centers for Disease Control (CDC) estimates that 166 Americans die every day from causes related to a traumatic brain injury. In 2019, 60,611 Americans died because of TBIs.

When a traumatic brain injury does not result in death, its impact on a survivor’s life can be profound.

Traumatic brain injuries are divided into three categories: mild, moderate, and severe.

Mild Traumatic Brain Injury

A mild traumatic brain injury is the type most likely to result in a full recovery. This type of injury commonly causes bouncing or twisting of the brain, altered brain chemicals, or damaged brain cells.

Even a mild TBI can cause serious effects, including changes in:

  • Thinking
  • Feeling
  • Learning
  • Concentration
  • Memory
  • Behavior
  • Sleep patterns.

A mild TBI is a serious medical condition and requires prompt medical treatment.

Moderate Traumatic Brain Injury

A moderate traumatic brain injury bears many similarities to the effects of a mild TBI. Typically, diagnosis of a moderate TBI hinges on the presence of memory loss and loss of consciousness ranging from 30 minutes to 24 hours.

A moderate TBI differs from a mild TBI in intensity. The effects may be more pronounced, and they’re less likely to improve over time.

This can lead to serious difficulties with education, employment, and personal relationships.

Severe Traumatic Brain Injury

A severe traumatic brain injury is the most serious form of brain injury. It may be accompanied by an extended coma or amnesia. Severe TBI results in serious alterations to brain function, motor function, sensory function, and emotional states.

Individuals with a severe TBI are most likely to experience profound, lasting changes to:

  • Attention
  • Memory
  • Coordination
  • Balance
  • Vision
  • Hearing
  • Speech
  • Impulse control.

An individual with a severe TBI may remain in a coma for the rest of their life. If they do regain consciousness, they’re often unable to work or live independently. In-home care or a residential facility are often necessary to adequately care for an individual with a severe TBI.

Severe TBI also increases the risk of developing additional chronic brain conditions, including:

  • Alzheimer’s disease
  • Parkinson’s disease
  • Chronic traumatic encephalopathy.

A severe TBI places a huge emotional and economic burden on the family members responsible for providing care after the injury.

Choose a Firm that Gets Results in Brain Injury Cases

Contact Our Dallas Brain Injury Attorney Today

After a brain injury, most people need financial compensation to help offset the high costs incurred by such a serious injury. Waiting to take action can hurt your chances of success, leaving you without money that might be owed to you.

The TBI lawyers at Crain Brogdon have a strong track record of producing winning results for clients. We fight hard for you, no matter how difficult or complex a case may seem.

Act today to protect your family’s financial future. Call Crain Brogdon at 214-522-9404 to schedule a free consultation with our Dallas brain injury lawyer.

Attorney Quentin Brogdon

Attorney Quentin BrogdonQuentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]