Whenever individuals and entities behave in a negligent, careless, or reckless manner, accidents may lead to severe injuries. One of the most common injuries that accident victims suffer is traumatic brain injury or TBI. In some cases, TBIs lead to a permanent coma or vegetative state.
If you suffered a TBI in an accident due to someone else's negligence, immediately speak with legal counsel about your potential options.
The experienced San Marcos traumatic brain injury lawyers at DJC Law understand the pain and severe complications often accompanying TBIs. Our legal team can file a claim with the at-fault party's insurance company or litigate your case in the court system for a prompt and favorable resolution. We will answer all your legal questions and address your concerns so you can make critical and intelligent decisions throughout your case.
Contact our office to set up your free case evaluation and legal consultation with an experienced San Marcos TBI lawyer. We will assess your rights and answer your questions at no cost and with no obligation to you.
Why Choose Us for Legal Representation?
If you suffered a TBI in an accident that resulted from someone else's careless and reckless act, you want the best possible legal team on your side advocating for you and pursuing your legal interests. Therefore, you should look no further than the skilled San Marcos TBI lawyers at DJC Law.
Our legal team understands that insurance companies are never on the accident victim's side. Consequently, we do everything possible to maximize the monetary recovery our clients receive through a favorable settlement offer or litigation result in the court system. Unlike many personal injury law firms in Texas, we are not afraid to file a lawsuit and take your case all the way to a civil jury trial if necessary.
We also understand the tricks and tactics insurance companies routinely use to undervalue TBI claims. Let us advocate for you and recover the monetary damages you need and deserve for your TBI.
How Much Is My TBI Case Worth?
Accident victims who suffer a TBI because of someone else's negligence may be eligible to recover monetary compensation and damages, either through a favorable settlement offer from the at-fault party's insurance company or via a fair litigation result in court, such as at a civil jury trial.
To be eligible for monetary damages, the accident victim must satisfy their legal burden of proof.
First, they must show that the at-fault individual or entity owed them a legal duty of care. For example, if the accident victim suffered a TBI in a recent slip and fall accident on someone else's premises, the property owner owed the accident victim a duty to keep their property reasonably safe at all times.
Property owners must promptly warn about or correct known dangerous hazards on their premises within a reasonable time.
Next, the injured accident victim must establish that the at-fault party violated their legal duty of care in some way, usually by acting unreasonably under the circumstances. For example, in a slip and fall accident, the property owner might have failed to clean up a liquid or food spill on the floor within a reasonable time.
Additionally, the accident victim needs to show that as a direct and proximate result of the at-fault party's negligence, the accident occurred, and they suffered their TBI.
When accident victims can satisfy this legal burden of proof, they can be eligible to receive various types of monetary damages. In many TBI cases, accident victims incur high medical costs, especially if they must undergo surgery or other complicated medical procedures.
The accident victim can recover compensation for their related medical costs as part of a personal injury claim or lawsuit. If a medical provider determines that they might need surgery or other procedures in the future, they can recover those anticipated medical costs as well. In addition, if the accident victim cannot work due to their TBI, they may recover lost-wage compensation.
Besides out-of-pocket losses, accident victims who suffer a TBI may recover various non-economic damages. These damages compensate TBI sufferers for all their intangible losses, including their pain & suffering, and inconvenience. They may also recover compensation for their mental anguish and distress, permanent cognitive disabilities, loss of the ability to use various body parts due to their TBI, and loss of quality of life.
Our legal team can ensure your case satisfies the legal burden of proof so that you are eligible to recover the monetary compensation you need and deserve. We can also tell you which monetary damages you will most likely receive and estimate the settlement or verdict value for your TBI case based on your circumstances.
Where Do Accidents That Lead to TBIs Happen in San Marcos?
Many different types of accidents in San Marcos can lead to a TBI or other serious injury. Two of the most common causes of these injuries include car accidents and premises accidents.
Motor vehicle accidents are prevalent on local highways, including Texas State Highway 80, because of the many vehicles on those roadways daily. Traffic accidents may also occur downtown, especially during rush hour when many cars are present.
Premises accidents, including slip and falls, may also lead to severe TBIs. These accidents can happen both indoors and outdoors, but they are especially prevalent at local restaurants, bars, and grocery stores, where food and liquid may spill on the floor.
If you sustained a TBI in an accident in one of these locations, call us to review your legal options.
Our skilled legal team can meet with you to discuss your accident circumstances, determine your eligibility for filing a personal injury claim, and file the claim with the appropriate insurance company. We can then represent you during all settlement negotiations and pursue the full monetary recovery you deserve for your TBI.
Types of Accidents in San Marcos That Lead to TBIs
A TBI usually results when an accident victim suffers a significant blow to the head. These injuries are also common when an accident victim's head strikes a stationary object with considerable force.
Some of the most common accidents that cause a TBI include:
- Pedestrian accidents
- Bicycle and motorcycle accidents
- Car accidents
- Accidents involving commercial vehicles, including large trucks, tractor-trailers, and big rigs
- Slip-and-fall accidents that occur on someone else's premises
- Boating accidents where a boat passenger hits their head on a boat surface or strikes their head on something in the water
- Amusement park accidents
- Swimming pool accidents, where an accident victim hits their head on the bottom of the pool or a concrete pool deck after a slip and fall
- Construction site accidents, where the accident victim suffers a head injury because of dangerous machinery or equipment on the job site
- Workplace accidents
If you or someone you love suffered a TBI in one of these occurrences, you must immediately seek legal representation. The San Marcos TBI attorneys at DJC Law can explore your legal options following one of these accidents and pursue the full monetary recovery you deserve from the insurance company.
Types of TBIs That Accident Victims Suffer
TBIs come in all different shapes and sizes. However, all TBIs require medical treatment.
A common TBI is a concussion. A concussion damages the brain. The brain movement may also affect the accident victim's neurons and axons that transmit messages between the brain and other parts of the body. Essentially, the brain's neurons and axons serve as its internal hardware system. However, a concussion might disrupt the functioning of neurons and axons, resulting in severe damage and impairment.
Concussions frequently come with both short and long-term symptoms. Some of the most common immediate symptoms of a concussion include headaches, nausea, dizziness, and temporary memory loss. Some concussions may lead to persistent symptoms that can affect the accident victim for the rest of their life. Those long-term effects may include migraines, post-concussive migraine syndrome, permanent memory loss, cognitive processing impairment, and much more.
Another common type of head injury is a coma, where the accident victim typically becomes unresponsive for an extended time. In some situations, permanent comas cause the accident victim to fall into a complete vegetative state and require life support to remain alive.
Accident victims who sustain a TBI frequently need extended medical treatment and care. In the worst-case scenario, the accident victim might need around-the-clock care at a nursing home or assisted living facility. They might also require daily caregivers if they cannot care for themselves on an extended basis.
If you suffered one of these injuries in a recent accident, our legal team can pursue the monetary recovery you deserve from the insurance company. We can do this by aggressively negotiating with insurance company adjusters or threatening litigation in the court system.
Fighting the Insurance Company After a San Marcos TBI
Even after a severe TBI, insurance companies often try to undervalue any personal injury claim the accident victim files. Insurance companies do this to resolve the case as quickly and cheaply as possible. Moreover, the insurance company might contend that the accident victim's cognitive impairments result from a pre-existing injury or medical condition rather than the subject accident.
Our legal team fully understands the tactics and tricks that insurance companies try to use to settle TBI claims quickly and efficiently.
We can combat the insurance company's efforts by retaining a qualified medical expert to testify in your case. That expert can causally relate your TBI to the accident and establish if you suffered a permanent injury or cognitive impairment as a direct result.
We can also point to pertinent medical records and initiate litigation if they refuse to offer you the compensation you deserve. If the settlement adjuster does not make you a reasonable offer, we can file a lawsuit in the state court system on your behalf and litigate your case to a conclusion.
At every stage of your case, we can lead you to make intelligent and informed decisions, including whether to accept a particular settlement offer that an insurance company adjuster puts on the table. We can also advise whether litigation might be right for your case to pursue the best result.
What to Do After Suffering a TBI in San Marcos
If you recently suffered a TBI in a San Marcos accident, there are several steps that you should take to ensure that your case moves efficiently. First, you should attend all necessary medical appointments that your healthcare provider recommends. For example, you may need to consult a neurologist or another medical provider or undergo a medical procedure.
By completing all your prescribed medical treatment, you show the insurance company that your injuries are, in fact, related to the subject accident and that you are taking your medical treatment seriously. Consequently, the insurance company might be more likely to offer you fair settlement compensation.
You must also retain all essential documents in your case, including incident reports, police reports, imaging scans, medical records, and medical bills. You can forward these documents to our legal team, and we will assemble a settlement demand package on your behalf.
After your medical treatment is complete or your doctors know your long-term medical needs, we can send these documents to the at-fault party's insurance company and begin settlement negotiations with the adjuster on your behalf.
Speak with a San Marcos TBI Attorney Today
If you suffered injuries in a recent accident, never wait to consult with a personal injury law firm in San Marcos. If you wait too long to seek legal counsel for representation, you may inadvertently waive your right to recover the monetary damages you deserve. Under the statute of limitations, accident victims in Texas who suffered a TBI have two years to file a personal injury claim.
At DJC Law, our legal team can handle every aspect of your claim or lawsuit, represent you in legal proceedings, and work to maximize your total monetary compensation. For your free case evaluation with an experienced San Marcos TBI lawyer, please call us at (512) 888-9999 or contact us online.