When someone suffers a serious brain injury, the impact can stretch far beyond the initial trauma. Victims and their families often face a lifetime of challenges. From mounting medical bills and loss of income to emotional turmoil and changes in quality of life, the road to recovery is long and often uncertain.
If the injury was caused by someone else's negligence, Texas law provides a legal path to pursue compensation through a personal injury claim. However, the legal process is detailed, and brain injuries present specific hurdles that require careful attention.
Brain Injuries and Their Long-Term Effects
Brain injuries range in severity, but serious cases often lead to lifelong impairment. The brain controls every function in the body, so damage can affect memory, motor skills, speech, and even personality.
Common causes of brain injuries:
Workplace accidents
Sports-related incidents
Violent assaults
Long-term effects victims may face:
Cognitive impairment, including memory loss and poor concentration
Physical limitations, such as difficulty walking or speaking
Emotional and behavioral changes, including depression, anxiety, or mood swings
Loss of independence and need for long-term care
Many victims require ongoing therapy, medical equipment, or 24/7 care. These needs make the costs of recovery extremely high and often exceed what insurance covers. For more information, contact attorney Manny Guerra today.
Moving From Injury to Legal Action
After a serious brain injury, medical treatment takes priority. But once the immediate crisis has passed, it becomes important to consider the financial and legal consequences. A personal injury claim can help recover compensation to cover the long-term costs.
In Texas, you generally have two years from the date of injury to file a lawsuit. That might sound like plenty of time, but gathering evidence, working with medical experts, and documenting the full scope of the injury can take months.
Key reasons to pursue legal action:
Recover compensation for medical expenses and future treatment
Offset lost wages and diminished earning potential
Seek payment for emotional distress and pain and suffering
Hold the negligent party accountable
This process can be difficult to go through alone. An experienced personal injury attorney can help guide you through the right steps and help avoid common mistakes that may reduce your claim's value.
Identifying the Responsible Party
One of the first steps in a brain injury case is determining who is at fault. In some cases, liability is obvious—a drunk driver runs a red light and causes a crash. In other cases, it takes more investigation.
Possible at-fault parties include:
Drivers or commercial vehicle operators
Property owners who failed to fix hazards
Employers that ignored safety protocols
Product manufacturers who sold defective equipment
Medical professionals in cases of surgical or diagnostic errors
Texas follows a modified comparative fault rule, which means if you're found to be more than 50% at fault, you can't recover damages. Even partial blame can reduce the compensation you receive, so proving liability is essential.
Building a Strong Personal Injury Claim
Once you've identified the responsible party, the next step is to build a case that shows how their actions caused the injury. This means collecting evidence, working with professionals, and demonstrating the long-term impact on your life.
Steps involved in building a brain injury claim:
Collecting accident reports, photos, and witness statements
Obtaining medical records and imaging scans
Working with neurologists and rehabilitation specialists
Gathering documentation on wages, employment history, and future earning capacity
Recording daily life changes and emotional struggles
The stronger your evidence, the more likely you are to receive fair compensation. These cases often rely heavily on expert testimony, so working with attorneys who have access to the right professionals makes a big difference.
What Compensation Can Cover
A serious brain injury can lead to years, even decades, of financial strain. A personal injury lawsuit is designed to help relieve that burden by holding the negligent party financially responsible.
Damages you may be able to recover:
Past and future medical expenses
Costs of rehabilitation and therapy
Lost income and loss of future earnings
Pain and suffering
Loss of enjoyment of life
Home modifications and long-term care needs
Each case is unique, and Texas juries can award different amounts based on the specifics of the case. The goal is to return the victim, as much as possible, to the financial position they would've been in had the injury not occurred.
How Texas Law Affects Brain Injury Claims
Texas has specific rules that can impact personal injury cases. Understanding these rules is key to protecting your right to compensation.
Legal factors to consider in Texas:
Statute of limitations: Generally, two years from the injury date
Comparative negligence: You must be less than 51% at fault to recover damages
Damage caps: In medical malpractice cases, non-economic damages are capped at $250,000 per provider
These legal standards shape how a case is presented and what compensation may be available. Insurance companies often try to use these laws to reduce what they pay. They may argue that the injury isn’t as bad as claimed, that the victim had a pre-existing condition, or that the victim was partly to blame.
Expert Witnesses
Expert witnesses play a key role in serious brain injury cases. Because the effects of a brain injury aren't always visible, experts help explain the damage to a jury or insurance adjuster. They bridge the gap between medical facts and legal arguments, helping others clearly understand the full impact of the injury.
Types of experts that may be involved:
Neurologists who explain the physical damage to the brain
Neuropsychologists who assess cognitive and emotional impact
Economists who calculate future financial losses
Life care planners who outline long-term care needs
Their insights can make the difference between a denied claim and a successful settlement. These experts bring credibility and clarity to complicated medical and financial issues. They also help forecast how a brain injury may affect the victim years down the line, which is critical when determining what a fair outcome looks like.
From Settlement to Recovery
Not all brain injury cases go to trial. Most settle out of court. A settlement can provide quicker access to funds, which helps cover ongoing costs. But it's important not to accept a low offer just to end the case quickly.
Considerations before accepting a settlement:
Does it cover future medical needs?
Are lost wages and earning potential fully addressed?
Has emotional suffering been properly considered?
Will the money be enough if complications arise later?
A settlement should reflect the full impact of the injury, not just the bills already paid. Your attorney can help evaluate offers and negotiate for better terms.
Contact Guerra Law Firm PC Today
Suffering a serious brain injury is life-altering, not just for the victim but for their entire family. Pursuing a personal injury claim can help lighten that load and hold the responsible party accountable. While the legal process may feel overwhelming, you don't have to face it alone. Located in McAllen, Texas, and serving clients throughout southern Texas, an experienced attorney from Guerra Law Firm PC can help, so call today.
