Brain Injury Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
We fight on behalf of you and your loved ones to receive just compensation for your damages.
Traumatic Brain Injury Attorney
Brain Injuries are some of the most serious and detrimental because they can result in permanent physical and mental trauma that requires long-term care and rehabilitation at a huge financial cost. The Center For Disease Control (CDC) estimates that about 1.5 million Americans sustain a Traumatic Brain Injury (TBI) each year.
Traumatic brain injuries have a massive impact on victims and family members because victims are often unable to return to work and personal endeavors in the short to mid-term, resulting in significant financial and lifestyle consequences. Many traumatic brain injury accident victims may be left with permanent disabilities that prevent them from returning to their previous work and leisure activities.
At Hernandez Law Firm, our traumatic brain injury attorneys provide compassionate legal representation focusing on victim care and rehabilitation while fighting to secure the maximum compensation for your injuries.
Call us today for a free initial consultation and review of your case.
What is a Brain Injury?
A brain injury is any trauma including a bump, blow, or jolt to the head that disrupts the normal functioning of the brain. The brain may be traumatized either through a direct blow to the head or to gravitational forces from a car accident and may range from “mild” to “severe.”
Mild brain trauma may manifest as a brief change in mental status or consciousness, while more severe brain trauma can result in swelling inside the skull, leading to a variety of cognitive and physical symptoms, including an extended period of unconsciousness or memory loss after the injury as well as any of the following symptoms:
- Temporary or permanent memory loss
- Unexpected mood swings
- Mental disorders and psychosis
- Impaired language abilities
- Loss of motor skills or control
- Loss of sensation or numbness in body extremities
- Difficulty understanding or executing simple tasks
- Increased risk of stroke or seizures
- Temporary or permanent loss of balance and coordination
- Partial or complete paralysis
- Increased risk of Alzheimer’s, dementia or other degenerative brain conditions
- Inability to work
- Increased suicidal thoughts and tendencies
- Visual impairment
- Social anxieties and isolation
You have the right to seek compensation when another person’s negligence has caused your brain injury. This means that in some case you may be required to file a lawsuit to recover damages for medical expenses, short and long-term care, loss of wages and pain and suffering. Brain injury lawsuits are extremely complex because brain injuries may not fully manifest until some point in the future and the extent of how a brain injury may affect a victim is not always clear.
An experienced brain injury lawyer will recognize the issues and investigate the accident and all medical records, as well as consult with experts to determine appropriate compensation for your injuries now and in the future.
Brain Injury Lawsuit
When filing a brain injury lawsuit, a victim will need to establish negligence on the part of the defendant. Negligence will require a number of elements that an experienced attorney will be able to establish:
- Injury caused by another person’s negligence
- Severity and extent of your symptoms and injury
- Your age at the time of the injury
- Amount of damages incurred to date (medical bills, loss of income)
- Loss of income and future ability to work
- Impact of your injury on quality of life
Types of Accidents that Can Cause Brain Injuries
Any accident that causes trauma to the brain can cause a brain injury. However, the leading causes of TBIs are:
- Falls account for nearly half (48%) of all brain injuries in the United States and most often affect children and older adults, particularly adults aged 65 and over.
- Struck by or against an object
- Being struck by an object is the second leading cause for traumatic brain injury.
- These injuries can result from sports related accidents or assault.
- Motor vehicle crashes
- Car accidents are another leading cause of TBIs in the United States.
Recognizing Signs and Symptoms of a Traumatic Brain Injury
Brain injury symptoms are not always obvious on the surface. In contrast to injuries like cuts and broken bones, brain injury symptoms are usually not visible and may take time to recognize. It is important for anyone coming into contact with someone who has sustained a head trauma to pay close attention to recognize any signs and symptoms as soon as possible.
Below is a list of subtle signs that may indicate a brain injury that requires immediate medical attention:
- Blurred or impaired vision
- Slurred or impaired speech
- Mood or behavior shifts
- Dizziness, lightheadedness, or lethargy
- Abnormal headache
- Nausea and vomiting
- Signs of impaired coordination and motor skills
- Any signs of weakness
- Signs of numbness in arms or legs
Consequences of Untreated Brain Injuries
If not recognized in time, brain injuries can result in permanent and severe disabilities to the victim. Other long-term effects of a brain injury can be debilitating or even lead to death.
Why Hire an Attorney?
Brain injury cases almost always involve complex medical and liability issues. These cases require extensive investigation and resources to determine the full extent of the injuries and liability. The nature of a victim’s injury also makes it difficult to maintain their lifestyle prior to the accident, jeopardizing jobs and financial stability.
Victims suffering from brain injuries will need an experienced attorney to help navigate through the issues and be appropriately compensated for their injuries.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
How We Handle Your Case
No Upfront Cost and No Fee Unless We Win. There is never a fee unless we win your case. Accidents happen when we least expect them and most victims are not financially prepared for such an emergency. Depending on your injuries, medical expenses can add up quickly, while getting compensated for a case can happen slowly, leaving victims in a difficult situation and desperate for compensation. This often leads to victims accepting far less than their case is worth and prevents them from getting the just compensation they deserve.
When you hire The Hernandez Law Firm, we are invested in your case from the start. We work for you exclusively on a contingency fee basis. That means we put in our time, effort, and resources to build your case and work with medical professionals to postpone payment until a settlement or verdict is reached. In most cases, you will not be immediately charged for your medical costs and our firm will not receive any fee unless we win or settle your case.
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, physical evidence, accident scene pictures and video whenever possible. We also speak directly to responding and investigating officers and bring in experts if necessary, to understand the details of the accident.
We also gather evidence about your damages, including talking to doctors so we understand your injuries in detail and your future prognosis regarding your injuries. In addition, we gather evidence of wage losses and lost earning capacity, as well as any other form of loss that may apply to your specific case. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Medical Attention. At Hernandez Law Firm, we believe in getting our clients the best medical attention possible for their injuries, as well as just compensation for their damages. After handling hundreds of cases, we are familiar with minor and severe injuries and have numerous doctors in all specialties who we trust to refer our clients.
We want you to get the best medical care while exploring the best options for your recovery, all while keeping the important evidence that comes from doctor's reports in mind as we build your case.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include past and future medical expenses, lost wages and earnings, decreased earning capacity, pain and suffering, loss of life enjoyment, and any other loss related to the accident.
We thoroughly review your lifestyle prior to and after the accident to ensure that damages are accurately calculated and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Insurance companies are not willing to pay compensation unless they are forced to, so they will take every opportunity to pay you the least amount possible. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the insurance company that they need to take this matter seriously. However, many times, insurance companies will offer minimal compensation even for severe injuries and damages. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, personal injury cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the insurance company does not believe their insured is at fault, or the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Insurance companies are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Accidents Seriously
Our personal injury lawyers take brain injury accidents very seriously. Our firm is dedicated to getting you just compensation for your damages and will aggressively pursue your case from beginning to end, even if that requires a trial to verdict.
We recognize that brain injury accidents often have tragic consequences that affect victims and their families and loved ones in many ways and potentially for the rest of their lives. Loss of income, medical expenses, and psychological trauma deserve just compensation, the same as any other accident.
When appropriate, we will hire experts and consultants to help evaluate the evidence to determine liability and damages. We will take witness depositions and retain any experts to establish that the cause of death was due to the accident or negligence of the defendant.
We will learn everything we can about your loved one, your family and the loss that you are suffering. We gather all the available evidence and resources to tell the story of your loved one and their sudden and unexpected death so your loss can be fully understood by the defendant and a jury in a court of law.
In this effort, we take statements from friends and family, we use video and photographs and whatever else is relevant to convey the loss that you are suffering.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.