According to some estimates, an American suffers a brain injury every 15 seconds. Brain damage and head injuries can be devastating and life-altering not only for the victim but also for the individual’s loved ones. The brain is the most complex organ in the body and mere seconds of oxygen deprivation can mean the difference between normal function and profound disability.
A vast range of situations can lead to brain injuries, including car accidents, smoke inhalation, near-drowning incidents, falls and construction accidents, carbon monoxide exposure, drug interactions, medical mistakes during labor and delivery or even a surgery gone wrong. Brain injuries can have a diverse range of effects on an individual, from paralysis, limited motor control and an inability to speak, to numbness and loss of bodily functions, loss of memory and identity, and even coma or death.
The experienced team of hypoxia and traumatic brain injury lawyers with Brasure Law Firm, PLLC are here to help guide you through the process of seeking compensation for your injuries and losses.
Founded nearly a decade ago by Attorney Christopher R. Brasure, Brasure Law Firm, PLLC handles personal injury law cases throughout Texas. Our law firm maintains offices in Grapevine, Texas and in Edinburg, Texas.
To discuss your personal injury case in a free and confidential initial consultation session, contact us by phone at 956-903-2873.
Personal injury lawsuits can provide you with a chance to recoup the funds you need to cover medical expenses, care costs, lost wages and other losses stemming from an incident involving hypoxia, brain injury or head trauma.
The legal team at Brasure Law Firm, PLLC has compiled information on a few of the most common questions that we receive from clients who are seeking to proceed with this type of case.
Personal injury lawsuits for brain injury and hypoxia injuries can result in some significant settlements and jury awards due to the profound, life-altering nature of many brain injuries. It is not uncommon for a head injury victim to suffer permanent disability, which subsequently impacts the individual’s ability to perform everyday tasks, live independently or hold down a job. Many head trauma victims require ongoing medical care and other services, such as physical therapy and home care services. This care is often required for a lifetime.
For this reason, your brain injury lawyer will evaluate your case to determine what losses you have suffered to date, including economic losses (such as hospital bills or lost wages) and non-economic losses (such as pain and suffering.)
Additionally, your personal injury lawyer will consider what costs you will incur in the future, including medical costs, future lost wages, and home care expenses, amongst others. It can take some skill and experience to accurately predict these future expenses, which underscores the importance of trusting your case to an experienced attorney.
These figures will be combined to arrive at a figure for your lawsuit.
A coma can result from a serious brain injury. In a coma, the patient appears asleep, but they cannot be awakened. The individual is unconscious and unaware of their surroundings. They are unable to communicate or respond in a purposeful manner. Coma may be permanent or the patient may gradually improve, awakening gradually. Often, the patient will pass through a vegetative state on the way to recovery.
A vegetative state may arise in cases of profound brain injury. The patient may exhibit body movements, sleeping and waking cycles, and they may even open their eyes. But there is no capacity for communication or awareness of their surroundings. A person in a vegetative state can typically breathe independently, but they are reliant upon a feeding tube for nutrition. This type of patient is incapable of meaningful, purposeful and voluntary responses, including responses to pain.
Sometimes, a comatose patient may pass through a vegetative state as they recover. In other cases, the vegetative state is permanent and there is no hope for recovery.
Brain death occurs when the upper portions of the brain (cerebrum) and the lower portion of the brain (the brain stem) ceases functioning, and the individual is unable to regain consciousness.
But the body may remain functioning for a period of time while sustained on life support. But once life support is removed, the body dies because the area of the brain that controls vital functions such as breathing and heart rate is irreparably damaged.
Coma, vegetative state and brain death all have very different care requirements and each individual’s prognosis is unique. So it’s best to discuss your case with an experienced brain injury attorney.
According to Texas law, there are only statutory limits on damages on medical malpractice cases; all other cases are without this limit.
The maximum is typically $250,000 for non-economic damages like pain and suffering and up to $500,000 per case (in situations where there are multiple people involved.)
For wrongful death cases that arise from a case involving medical malpractice, the maximum is set at $1.9 million. This figure routinely updated to account for inflation.
Texas law requires that personal injury lawsuits must be filed within two years of the date of injury, with the exception of cases against the state or government employees. In these cases, the timeframe is six months from the date of injury.
If the statute of limitations expires, the courts will typically refuse to hear the case.
Brain injuries have many causes. Brain injuries can be caused by blunt force trauma direct blows to the head, gunshot wounds, violent shaking of the head, or force from a whiplash type injury, electrical current, or any other loss of oxygenated blood to the brain.
Symptoms of a TBI include loss of consciousness, memory loss, confusion, mood changes, and anxiety. Sleepiness, confusion, or feeling like you are in a fog. Changes in behavior, attention, or memory, intense headaches, feeling of fullness, or pressure in the head. Loss of consciousness. Dizziness. Ringing in your ears. Difficulty remembering the event that caused the injury. Vomiting. Slurred speech. Changes in speech.Difficulty responding to questions. Difficulty understanding conversations.
A TBI can last forever. Often a TBI involves the loss of brain tissue that cannot be replaced. In many instances, the TBI patient does not realize they suffered a TBI.
Head injuries can be life threatening because your brain controls all parts of your body. If your brain is impaired, your brain may not tell your heart to beat, which may cause death. If your brain is impaired, your brain may not tell your lungs to take in oxygen. Your body cannot function without oxygen.
A concussion can be worse than a contusion. A contusion is a localized injury like a bruise on your arm. Contusions range from relatively minor to life-threatening. Because the blood must clot to stop the bleeding a bruise results from, contusions also increase cardiovascular risks. A concussion is a wider-reaching injury due to different types of brain trauma. According to Dr. Richard Smayda, D.O. A concussion is an immediate but reversible traumatic paralysis of the nervous function of the brain. A concussion may not be as obvious to someone as a contusion; a concussion may have wide-ranging effects on a person’s body. A contusion can be worse if the contusion causes neurological or psychological deficits.
During a concussion, the brain the head is typically jolted in one direction. The force of the movement causes the brain to contact some portion of the skull. The brain can bruise or swell where it made contact with the skull. Bruising or swelling can actually harm your brain cells.
Brain injuries have the power to alter more than your life; they can alter who you are as a person, including your personality, your memory, your physical capabilities and your ability to understand and interact with the world around you. Head injuries can quite literally impact every element of your life.
At Brasure Law Firm, PLLC, our legal team is experienced in all aspects of personal injury law, including hypoxia and brain injury lawsuits. We also handle wrongful death cases, which often arise in situations where a personal injury case turns fatal.
Established more than a decade ago, Attorney Christopher R. Brasure maintains a diverse legal background that means he’s well-positioned to help you achieve your objectives for your case.
At Brasure Law Firm, PLLC, we are ready to discuss your case in a confidential, no-cost initial consultation session. Just call 956-903-2873.