If you've been in an accident and suffered a head injury, you may be wondering about the long-term effects and how it might impact your personal injury claim. At Lorenz & Lorenz PLLC, our experienced personal injury attorneys understand that dealing with a brain injury can be overwhelming, confusing, and frightening. These types of injuries are often not immediately apparent but can be catastrophic in nature, possibly worsening over time. While some head injuries are visible, others cannot be easily diagnosed even with medical scans. They only become apparent as injury victims experience changes in mood, thinking, and emotions. This guide aims to help you understand the different types of brain injuries in simple terms, their potential effects, and how they may influence your personal injury case in Texas. If you suspect you suffered a brain injury in an accident, talk to a seasoned brain injury attorney. It can be a key component of your compensation.
Types of Brain Injuries
Brain injuries are generally regarded as ranging from mild to severe, but the truth is there is no such thing as a minor head injury. Each type of brain injury should be considered serious, and each can have different impacts on your life and your legal case. Here are some of the most common types of brain injuries we see in our personal injury practice:
Concussions
Most people are familiar with concussions. A concussion is a traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head. While often considered less severe than other brain injuries, concussions can still have significant effects. Symptoms may include:- Headache
- Confusion
- Dizziness
- Ringing in the ears
- Nausea
- Fatigue
Contusions
A contusion is a bruise on the brain, usually caused by a direct impact to the head. Contusions can cause bleeding and swelling in the brain. Symptoms may include:- Cognitive changes
- Difficulty with concentration
- Memory problems
- Emotional changes
Diffuse Axonal Injury (DAI)
DAI occurs when the brain rapidly shifts inside the skull, such as in a car accident. This can cause the long connecting nerve fibers (axons) in the brain to shear and break. Symptoms may include:- Loss of consciousness
- Persistent vegetative state
- Disruption of cognitive and motor function
Penetrating Injuries
These types of brain injuries are usually easily visible. They occur when an object penetrates the skull and enters the brain tissue. High-velocity projectiles or sharp objects often cause them. Symptoms depend on the area of the brain affected but may include:- Bleeding
- Loss of consciousness
- Seizures
- Paralysis
Anoxic Brain Injuries
Anoxic brain injuries occur when the brain is deprived of oxygen. This can happen in situations like near-drowning, cardiac arrest, or severe blood loss. Symptoms may include:- Confusion
- Memory problems
- Difficulty with coordination and movement
- Changes in mood or personality
Hypoxic Brain Injuries
Similar to anoxic injuries, hypoxic brain injuries occur when the brain receives some, but not enough, oxygen. This can lead to the death of brain cells over time. Symptoms are similar to anoxic injuries and may include:- Cognitive impairments
- Vision problems
- Speech difficulties
- Seizures
The Complexity and Diversity of Brain Injuries
As we look at the various types of brain injuries, it's important to pause and reflect on the sheer complexity of these conditions. The human brain, with its intricate network of neurons and delicate structures, is perhaps the most complex organ in our body. It's responsible for everything that makes us who we are – our thoughts, emotions, memories, and abilities. When an injury occurs to this remarkable organ, the effects can be as diverse and unique as the individuals themselves. While we categorize brain injuries into types like concussions, contusions, or diffuse axonal injuries, the reality is that each brain injury is as individual as a fingerprint. Two people might experience the same type of accident, yet their injuries and subsequent symptoms could be vastly different. This is because factors such as the exact location of the impact, the force involved, the person's overall health, and even their genetic makeup can all influence how the brain responds to trauma. Moreover, the brain's incredible plasticity – its ability to rewire and adapt – means that the journey of recovery can be unpredictable and unique for each person. Some individuals might experience rapid improvements, while others may face long-term challenges. This diversity in outcomes underscores why we take every head injury seriously, no matter how minor it may initially seem. The diversity of brain injuries also highlights why, in legal terms, each brain injury case must be approached with careful consideration of the unique circumstances and impacts on the individual's life. It's a testament to both the fragility and the resilience of the human mind, and a powerful argument for treating every head injury with the utmost seriousness and care.How Brain Injuries Can Affect Your Life
Brain injuries can have profound effects on various aspects of your life. An attorney with experience handling personal injury cases involving head and brain injuries usually has a good understanding of the potential impacts of this type of injury on your case. Some of the short and long-term effects our lawyers see include impacts on:- Cognitive Function: Brain injuries can affect memory, concentration, problem-solving skills, and overall cognitive processing speed.
- Physical Abilities: Depending on the area of the brain affected, you might experience changes in coordination, balance, or motor skills.
- Emotional and Behavioral Changes: Brain injuries can lead to mood swings, depression, anxiety, or personality changes.
- Sensory Processing: Some brain injuries can affect how you process sensory information, leading to vision, hearing, or touch sensitivity issues.
- Speech and Language: Certain brain injuries can impact your ability to speak, understand, or communicate effectively.
- Work and Daily Living: Severe brain injuries may affect your ability to work or perform daily tasks independently.
- Relationships: The changes brought about by a brain injury can strain personal and professional relationships.
- Long-term Health: Some brain injuries increase the risk of other health conditions, including epilepsy, Alzheimer's disease, and Parkinson's disease.
Brain Injuries and Personal Injury Claims in Texas
If you've suffered a brain injury due to someone else's negligence in Texas, you may be entitled to compensation. Here's what you need to know about how brain injuries can impact your personal injury claim:Statute of Limitations
In Texas, the statute of limitations for personal injury claims, including those involving brain injuries, is generally two years from the date of the injury. However, there may be some exceptions. If the injury wasn't discovered immediately, the "discovery rule" might apply, potentially extending the deadline. For minors, the statute of limitations may not begin until they turn 18. Consulting a personal injury attorney as soon as possible will help ensure you don't miss important deadlines.Types of Compensation
In a Texas personal injury case involving a brain injury, you may be eligible for various types of compensation:- Medical Expenses: This includes current and future medical costs related to your brain injury.
- Lost Income: Compensation for lost wages for work missed due to your injury, and potential future earning capacity. You may also be entitled to compensation for lost or reduced bonuses or commissions you normally would have earned.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress.
- Loss of Enjoyment of Life: Compensation for how the injury has impacted your ability to enjoy daily activities.
- Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the defendant and deter similar behavior.
Proving Your Case
To succeed in a personal injury claim involving a brain injury in Texas, you'll need to prove:- The defendant owed you a duty of care
- The defendant breached that duty
- The breach caused your injury
- You suffered damages as a result
- Medical Evidence: Detailed medical records, including diagnostic imaging (CT scans, MRIs), neurological exams, and expert medical testimony.
- Accident Reports: Police reports, workplace incident reports, or other official accident documentation.
- Witness Testimony: Statements from people who saw the accident or can attest to how the injury has affected your life.
- Expert Witnesses: Neurologists, neuropsychologists, or life care planners who can testify about the extent of your injury and its long-term impacts.
Insurance Considerations
In many cases, the at-fault party's insurance company will be involved in your claim. It's important to be cautious when dealing with insurance adjusters. They may try to minimize your injury, claim you had a pre-existing condition, or offer a quick settlement that doesn't fully account for your long-term needs. Having a knowledgeable personal injury attorney can help protect your rights when dealing with insurance companies. We have experience negotiating with insurance companies and will work to ensure your rights are protected. Our lawyers understand the value of your claim and will protect you from accepting a lowball offer.How a Personal Injury Attorney Can Help With a Brain Injury Claim
Dealing with a brain injury is a challenging journey, and the added stress of a legal claim can feel overwhelming. But you don't have to face this challenge alone. A personal injury attorney experienced in brain injury cases can be your advocate, guide, and support system throughout this process. They can help lighten your load, allowing you to focus on what's most important – your recovery and well-being.
Working the Case
Navigating a personal injury claim involving a brain injury can be complex, but an experienced attorney can simplify the process for you. They begin by thoroughly investigating your case, gathering crucial evidence, interviewing witnesses, and collaborating with experts to build a strong foundation for your claim. This comprehensive approach ensures that no stone is left unturned in presenting your case. Your attorney also becomes your voice in all communications related to your case. They handle interactions with insurance companies and other involved parties, protecting you from potentially stressful or confusing conversations. This buffer allows you to concentrate on your recovery without worrying about saying something that might inadvertently harm your case.Making Sure You Receive the Compensation You Need
Accurately valuing your claim is one of your attorney’s most important roles. Brain injuries can have far-reaching impacts, affecting not just your immediate health but your long-term quality of life, ability to work, and future medical needs. An experienced attorney considers all these factors to ensure that the compensation you seek truly reflects the full extent of your injury's impact. When it comes to negotiations, your attorney's knowledge and experience become invaluable. They use their understanding of the law, similar case outcomes, and negotiation tactics to advocate for a fair settlement on your behalf. If the insurance company refuses to offer a fair settlement through negotiations, your attorney is prepared to take your case to court, representing your interests before a judge and jury.Providing Peace of Mind
Perhaps most importantly, having a skilled personal injury attorney on your side provides peace of mind. You can rest assured that while you focus on your recovery and adjusting to life after your injury, your legal rights are being vigorously protected. Your attorney handles the complex legal aspects of your case, allowing you to dedicate your energy to what matters most – your health and well-being. Remember, you're not alone in this journey. With the right legal support, you can navigate the challenges of a brain injury claim with confidence, knowing that you have a dedicated advocate fighting for your rights and your future.Lorenz & Lorenz Will Fight for Your Rights
Brain injuries can have profound and long-lasting effects on your life. If you've suffered a brain injury due to someone else's negligence in Texas, you need a law firm that understands the potential impact on your personal injury claim. Every brain injury is unique, and so is every legal case. At Lorenz & Lorenz PLLC, we have experience handling personal injury cases involving brain injuries. We understand the complexities of these cases and the challenges you may be facing. Our team is committed to providing compassionate, thorough representation to help you seek the compensation you deserve. If you or a loved one has suffered a brain injury in an accident, don't hesitate to reach out. Contact Lorenz & Lorenz PLLC today for a consultation about your case. Let us help you navigate this challenging time and fight for your rights. Call our main office in Austin at (512) 477-7333 or contact us online for a free consultation.