Legal Options for Catastrophic Brain Injury
If you or someone you love has suffered from a catastrophic brain injury due to someone else’s negligence, the right legal team can help you to build a case and file a claim for compensation.
For decades, the lawyers at Grimes & Fertitta have successfully represented clients in Houston and The Woodlands in severe personal injury cases, including those involving catastrophic brain injuries.
Let’s review your legal options for if you or a loved one suffer a catastrophic brain injury.
What are catastrophic brain injuries?
What are catastrophic injuries? And how do they differ from normal injuries? Catastrophic injuries are a severe, life-changing type of traumatic brain injury (TBI) that can have serious, long-term effects on the victim. These types of injuries severely limit the person’s ability to function in day-to-day life and/or find or keep stable work. This type of injury almost always requires ongoing medical care.
What causes catastrophic brain damage?
The most common causes of catastrophic brain injuries are violent blows to the head. Severe head injuries are most likely to happen as a result of car accidents, sports injuries, explosions, serious falls, combat situations, and other extreme situations.
While most head injuries (including traumatic brain injuries) can result in possible memory loss, impaired vision or decision making, or PTSD, catastrophic brain injuries are expected to result in the loss of the majority of brain function above the brainstem level. The injuries can also create other long-term health complications, including:
- Altered consciousness
- Physical complications
- Intellectual issues
- Communication problems
- Behavioral changes
- Increased risk of brain diseases
Though not every catastrophic brain injury is fatal, the lasting complications it can have on the victim are devastating.
What is a brain injury claim?
If you believe that someone else is responsible for you or your loved one’s injury, you can file a brain injury claim (or, in the event that the catastrophic brain injury resulted in the death of your loved one, a wrongful death lawsuit).
A brain injury claim is designed to help you obtain compensation for the financial losses you or your loved ones may have experienced as a result of the injury. These brain injury lawsuits are based on negligence of another party, meaning someone else’s carelessness caused another person’s injuries.
If you can prove another party’s negligence, you may be entitled to compensation. Whether the accident that caused the catastrophic brain injury was the result of negligence or a defective product, the right legal team can help you to file your claim and pursue the justice you and your family deserve.
For more information regarding catastrophic brain injury claims vs. wrongful death suits, please see our article covering the different Types of Personal Injury Claims.
How to file a brain injury claim
First thing to note if you want to file a brain injury claim is that you don’t have long to find a lawyer. The Texas statute of limitations is two years for personal injury cases and six months if the lawsuit is filed against the government. Additionally, if you wait to contact a lawyer, evidence is more likely to get lost and insurance companies have more time to build a case against you.
Can you make a claim on behalf of someone with a brain injury? Typically, yes. A spouse, child, partner, or parent can also file for loss of consortium, which allows you to make a personal injury claim on their behalf. Alternatively, if the loved one legally allowed you to manage their affairs, you can file a claim through power of attorney.
Once retained, your attorney will most likely ask you or your loved one detailed questions about the injury including when and where it happened, what the victim was doing at the time of the injury, and the medical treatment they received. This is part of the “discovery phase” of the case, in which you and your legal representative will start gathering evidence.
Factors in a brain injury claim
There are multiple factors to consider when determining how much compensation can be awarded for a catastrophic brain injury claim.
- Liability: The most important part of your catastrophic brain injury case will be proving negligence. If proving that another party is liable for your injury is clear, it will be much easier to be awarded compensation. In some cases, multiple people or entities are liable for an injury. These cases tend to be more complex in terms of applying the laws for traumatic brain injuries and catastrophic brain injuries.
- Characteristics of the injured party: The court will often examine the past behavior of the injured party. They will look into factors including occupation, age, medical history, current wages, and more. If the court sees that the injured party has a past of careless behavior, it may be less likely they’ll be awarded damages for their injury.
- Defendant’s conduct: The court may also examine the history of the potentially negligent party, checking for past instances of negligent and reckless behavior towards others.
- Additional mitigating circumstances: If you didn’t seek medical attention immediately following your injury or took part in behaviors that could have worsened your injury, insurance companies can hold that against you.
Catastrophic brain injury cases rely heavily on evidence, medical records, and expert testimony. The best way to ensure that you will get the compensation you deserve is to hire a trustworthy and aggressive catastrophic brain injury lawyer. As former insurance company defense attorneys, the lawyers at Grimes & Fertitta have the expertise and understanding of how an insurance company will handle your case, making us a valuable team to have fighting for your claim.
The types of compensation we fight for
A brain injury claim is designed to help you get compensation for the financial losses you or your loved ones may have experienced as a result of the injury. Depending on the particulars of your case, these may include costs and losses related to:
- Ambulance or life flight
- Overnight monitoring
- Brain surgery
- Follow-up visits
- Night nurse
- Physical therapy
- Medical equipment
- Lost wages
- Funeral costs
Insurance companies, whose job it is to help you recover these damages, often offer a settlement that falls short of the mark. This where hiring an experienced attorney will be very important for building your case. At Grimes & Fertitta, we are here to help you navigate the legal process while you heal.
Our experienced and compassionate lawyers will negotiate with insurance companies and fight for the compensation you and your family deserve. Insurance companies usually take advantage of defendants who aren’t aware of how much compensation they may be entitled to. We have decades of experience to answer any and all of your questions during the claims process.
Find the right lawyer for your case at Grimes & Fertitta
Some legal firms are experienced in only one or two certain types of cases. For example, a Houston & The Woodlands wrongful death lawyer will have a different perspective on your case from a workplace injury lawyer. The attorneys at Grimes & Fertitta, however, have decades of experience successfully representing a wide array of personal injury cases.
In particular, we have gained a reputation amongst our clients and colleagues for the thorough, thoughtful way in which we handle tough cases involving severe injuries and wrongful death. We are a conscientious and close-knit firm that treats our clients like family. You will never be just another case number to us.
Contact a brain injury lawyer from Grimes & Fertitta to take on your case
Filing a personal injury claim can be extremely challenging, but you don’t have to go through it alone. If you’re looking for the right Houston & The Woodlands brain injury lawyer, trust your catastrophic brain injury claim and case to Grimes and Fertitta.
We have the expertise and the dedication needed to fight for our clients’ best interest while they take the time they need to recover.
Call 713-224-7644 or request a consultation online to speak to a lawyer that has the proper experience to help with your case.
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