A traumatic brain injury can change your life in an instant. If you or a loved one has suffered this devastating injury due to someone else’s negligence, a skilled Houston traumatic brain injury lawyer from Bailey & Galyen can help you get the compensation you deserve for your medical bills and other losses.
Our experienced attorneys understand the complex nature of brain injury cases and the long-term impacts on victims and their families. Don’t face this challenge alone. Contact Bailey & Galyen today for a free consultation to discuss your case and legal options.
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Houston Traumatic Brain Injury Guide
- Why Choose Bailey & Galyen for Your Houston Traumatic Brain Injury Case
- What is a Traumatic Brain Injury?
- Do I Have a Traumatic Brain Injury Case?
- Should I Accept the First Offer from the Insurance Company?
- The Impact of Traumatic Brain Injuries
- Compensation Available to TBI Victims in Houston
- How Can a Lawyer Help with My Houston Traumatic Brain Injury Claim?
- Houston Traumatic Brain Injury Lawyer FAQs
- Contact the Houston Traumatic Brain Injury Lawyers at Bailey & Galyen Today
Why Choose Bailey & Galyen for Your Houston Traumatic Brain Injury Case
Bailey & Galyen brings over 40 years of legal experience to your traumatic brain injury case. Our board-certified attorneys have a deep understanding of Texas personal injury law and the complex medical issues involved in traumatic brain injury cases. We work closely with medical experts to build strong cases that fully account for your current and future needs.
Our firm is committed to personal attention and superior results. We’re available 24/7 to answer your questions and keep you updated on your case. With Bailey & Galyen, you get a powerful legal team that will fight tirelessly for your rights and the compensation you deserve. We handle all aspects of your case, allowing you to focus on your recovery. Contact us today to discuss your case during a free, no-obligation consultation.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a disruption in the normal function of the brain. It can be caused by a bump, blow, or jolt to the head, or a penetrating head injury. TBIs can range from mild (like a brief change in mental state) to severe (long periods of unconsciousness or memory loss).
Here are some key points about TBIs from the Centers for Disease Control and Prevention:
- Everyone is at risk for a TBI, regardless of age or lifestyle.
- TBIs are a major health concern, contributing significantly to healthcare costs each year.
- In a single year, the total annual healthcare cost of nonfatal TBIs was over $40.6 billion.
- Private insurance covered $10.1 billion of these costs, while Medicare paid $22.5 billion and Medicaid $8 billion.
- More than 2 million nonfatal injuries were related to TBI in one year.
These numbers highlight the widespread impact of TBIs on individuals, families, and the healthcare system. They underscore the importance of prevention, prompt treatment, and skilled legal representation when a TBI occurs due to someone else’s negligence.
At Bailey & Galyen, we understand the complex nature of TBI cases and the substantial costs involved. We’re committed to helping victims secure the compensation they need for their immediate and long-term care.
Do I Have a Traumatic Brain Injury Case?
If your TBI resulted from someone else’s negligence, you may have grounds for a personal injury claim. This allows you to seek compensation from the at-fault party.
Common causes of TBIs due to negligence include:
- Car accidents
- Slip and fall incidents
- Workplace accidents
- Sports injuries
- Medical malpractice
- Assault
To have a successful TBI claim, four elements of negligence must be established:
- Duty: The at-fault party had a duty to act with reasonable care. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.
- Breach: They failed to uphold this duty. A driver who runs a red light or texts while driving has breached their duty of care.
- Causation: Their breach directly caused your injury. If the driver’s reckless behavior led to a crash that caused your TBI, this establishes causation.
- Damages: You suffered actual harm or losses due to the injury. This includes medical bills, lost wages, pain and suffering, and other impacts of the TBI on your life.
These elements apply in various scenarios. For instance, in a slip and fall case, a property owner has a duty to maintain a safe premise. If they fail to fix a known hazard and you fall and suffer a TBI as a result, all four elements may be present. In a medical malpractice claim, a doctor has a duty to provide competent care. If they misdiagnose a condition leading to a TBI, and you suffer harm, you may have a valid claim.
Understanding these elements is key to building a strong TBI case. Bailey & Galyen can help evaluate your situation and determine if you have grounds for a claim.
Should I Accept the First Offer from the Insurance Company?
After a traumatic brain injury, you may receive a settlement offer from the insurance company. While this might seem tempting, it’s rarely in your best interest to accept it. Here’s why:
- Early offers are often too low. Insurance companies aim to minimize payouts.
- The full extent of your injuries may not be clear yet. TBIs can have long-term effects that aren’t immediately apparent.
- You might not have calculated all your future expenses, including ongoing medical care and lost earnings.
- Once you accept an offer, you can’t ask for more money later, even if your condition worsens.
It’s wise to consult a lawyer before accepting any offer. An experienced TBI attorney can:
- Accurately value your claim
- Negotiate with the insurance company on your behalf
- Ensure all current and future costs are considered
- Protect your rights throughout the process
At Bailey & Galyen, we offer free consultations to review your case. Let us help you understand the true value of your claim before you make any decisions.
The Impact of Traumatic Brain Injuries
TBIs can have profound and long-lasting effects on victims and their families. These impacts often extend far beyond the initial injury, affecting nearly every aspect of a person’s life. Understanding these wide-ranging effects is crucial when seeking fair compensation for a TBI.
Physical
The physical consequences of a TBI can be immediate and obvious, or they may develop over time. These symptoms can range from mild to severe and may persist for weeks, months, or even years after the initial injury. Some victims may face long-term disabilities or need ongoing medical care.
Physical symptoms may include:
- Headaches
- Dizziness
- Vision problems
- Balance issues
- Seizures
- Sleep disturbances
- Fatigue
Cognitive
Cognitive impairments are common following a TBI and can significantly impact a person’s ability to work, study, and perform daily tasks. These changes in mental function can be frustrating and may require extensive rehabilitation.
Cognitive symptoms may include:
- Memory loss
- Difficulty concentrating
- Slowed thinking
- Trouble with problem-solving
- Language difficulties
- Impaired judgment
Emotional
TBIs can dramatically alter a person’s emotional state and behavior. These changes can be particularly challenging for both the victim and their loved ones, often straining relationships and affecting overall quality of life.
Cognitive symptoms may include:
- Mood swings
- Depression
- Anxiety
- Irritability
- Personality changes
- Post-traumatic stress disorder (PTSD)
Financial
The financial burden of a TBI extends far beyond initial medical bills. Long-term care, lost wages, and lifestyle adjustments can create significant economic stress for victims and their families, often lasting for years after the injury.
Financial impacts may include:
- Medical bills
- Lost wages
- Ongoing therapy costs
- Home modifications
- Assistive devices
Compensation Available to TBI Victims in Houston
Given the severe impacts of traumatic brain injuries on victims and their families, fair compensation is crucial. At Bailey & Galyen, we fight to secure damages that address all aspects of the injury—physical, cognitive, emotional, and financial.
TBI victims in Houston may be eligible for several types of compensation:
- Medical Expenses: This covers current and future costs related to your TBI, including:
- Hospital bills
- Surgeries
- Medications
- Rehabilitation
- Therapy sessions
- Assistive devices
- Lost Wages or Income: Compensation for income lost due to the injury, including:
- Past missed work
- Reduced earning capacity
- Future lost earnings if you can’t return to your job
- Pain and Suffering: For the physical pain and emotional distress caused by the TBI.
- Loss of Enjoyment of Life: If your TBI prevents you from enjoying hobbies or activities you once loved.
- Home Modifications: Costs to adapt your living space to accommodate new disabilities.
Every TBI case is unique. Our experienced attorneys at Bailey & Galyen will work to ensure your compensation reflects the full impact of your injury on your life and your family’s future.
How Can a Lawyer Help with My Houston Traumatic Brain Injury Claim?
At Bailey & Galyen, our experienced attorneys can provide crucial support for your TBI claim:
- Case Evaluation: We’ll review your case for free and explain your legal options.
- Evidence Gathering: Our team will collect medical records, accident reports, and witness statements to build a strong case.
- Expert Consultations: We work with medical professionals to understand the full impact of your TBI.
- Claim Valuation: We’ll calculate a fair settlement amount, considering all current and future costs.
- Negotiation: Our skilled lawyers will handle all talks with insurance companies, fighting for maximum compensation.
- Trial Representation: If needed, we’re ready to take your case to court and advocate for you.
- Paperwork Management: We’ll handle all legal documents, ensuring everything is filed correctly and on time.
- Communication: We’ll keep you updated on your case progress and answer your questions promptly.
- No Upfront Costs: We work on a contingency fee basis – you don’t pay unless we win your case.
With Bailey & Galyen, you get a dedicated legal team focused on your recovery and fair compensation. Let us handle the legal complexities while you focus on healing.
Houston Traumatic Brain Injury Lawyer FAQs
How long do I have to file a traumatic brain injury lawsuit in Houston?
In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit. However, there can be exceptions. It's best to consult a lawyer as soon as possible to ensure you don't miss any deadlines.
What if I can't afford a lawyer for my TBI case?
Bailey & Galyen works on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case. Our fee comes as a percentage of your settlement or verdict.
How much is my traumatic brain injury case worth?
The value of your case depends on many factors, including the severity of your injury, your medical expenses, lost earnings, and the impact on your quality of life. During your free consultation, we can give you a better idea of what your case might be worth.
What if I'm partially at fault for the accident that caused my TBI?
Texas follows a modified comparative fault rule. You can still recover damages if you're less than 51% at fault, but your compensation will be reduced by your percentage of fault. Our attorneys can help explain how this might affect your case.
How long will my traumatic brain injury case take to resolve?
The duration of a TBI case can vary widely depending on complexity of the case and whether it settles or goes to trial. Some cases settle in months, while others may take a year or more. We strive to resolve your case as efficiently as possible while ensuring you receive full and fair compensation.
Houston Traumatic Brain Injury Lawyer FAQs
How long do I have to file a traumatic brain injury lawsuit in Houston?
In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit. However, there can be exceptions. It's best to consult a lawyer as soon as possible to ensure you don't miss any deadlines.
What if I can't afford a lawyer for my TBI case?
Bailey & Galyen works on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case. Our fee comes as a percentage of your settlement or verdict.
How much is my traumatic brain injury case worth?
The value of your case depends on many factors, including the severity of your injury, your medical expenses, lost earnings, and the impact on your quality of life. During your free consultation, we can give you a better idea of what your case might be worth.
What if I'm partially at fault for the accident that caused my TBI?
Texas follows a modified comparative fault rule. You can still recover damages if you're less than 51% at fault, but your compensation will be reduced by your percentage of fault. Our attorneys can help explain how this might affect your case.
How long will my traumatic brain injury case take to resolve?
The duration of a TBI case can vary widely depending on complexity of the case and whether it settles or goes to trial. Some cases settle in months, while others may take a year or more. We strive to resolve your case as efficiently as possible while ensuring you receive full and fair compensation.
Contact the Houston Traumatic Brain Injury Lawyers at Bailey & Galyen Today
A traumatic brain injury can have life-changing consequences. At Bailey & Galyen, we understand the challenges you’re facing. Our experienced Houston personal injury lawyers are ready to fight for your rights and the compensation you need and deserve.
With over 40 years of experience and a strong track record of successfully handling cases, we have the knowledge and resources to handle even the most complex TBI claims. We’re committed to providing personal attention and achieving superior results for every client.
Don’t let time run out on your claim. Contact Bailey & Galyen today for a free and confidential consultation. Let us help you navigate this difficult time and secure the compensation you need for your recovery and future. Contact our Houston office today at (218) 612-5210 or through our online form for a free consultation.
Bailey & Galyen Attorneys at Law – Houston Office
18333 Egret Bay Blvd Ste 333
Houston, TX 77058
Phone: 281-771-1725
