A traumatic brain injury is a serious type of harm that can occur in many different accidents, including falls and car crashes. Understanding what qualifies as a traumatic brain injury or TBI in Texas law can give you key information about your legal rights. You may be able to recover a fair settlement through a brain injury claim so that you can build your life back up.
What Is a Traumatic Brain Injury?
A traumatic brain injury describes injury or harm to the brain from an external source of trauma, such as a bump or a blow to the head. TBIs can arise from open head injuries, where something stabs or penetrates the skull and pierces the brain. They can also arise from closed head injuries, where the brain bounces around inside of the skull and sustains injury without a skull fracture.
The effects and symptoms of a traumatic brain injury will depend on the individual, as well as the location and severity of the damage. Possibilities include dizziness, nausea, vomiting, headaches, confusion, loss of consciousness, trouble concentrating, long-term brain damage, cognitive problems, seizures, coma and death.
Types of Traumatic Brain Injuries
The brain can sustain many different types of injuries in an accident. There is no such thing as a “minor” brain injury; every kind can have serious consequences for the victim. They all require professional medical attention.
Traumatic brain injury classifications include:
- Concussion
- Contusion
- Penetrating brain injury
- Swelling (edema)
- Bleeding (hemorrhage)
- Bruising (hematoma)
- Coup-contrecoup injury
- Diffuse-axonal injury
- Hypoxic brain injury
Some TBIs cause immediate symptoms, while others take hours or even days to become noticeable. Symptoms may be short-term, long-term or permanent, depending on the injury.
Your Rights as a Traumatic Brain Injury Victim in Texas
Texas law allows for the filing of a personal injury claim or lawsuit when an act of negligence causes injury or harm to another person. Negligence is the failure to act with proper care, meaning the amount of care that a reasonably prudent person would use.
A traumatic brain injury could qualify an individual for a personal injury claim in Texas if the following is true:
- The defendant or accused party had a duty of care, or a responsibility to act reasonably to prevent harm to the victim or plaintiff.
- The defendant breached or violated the duty of care through a careless or reckless act.
- The defendant’s breach of duty caused the plaintiff’s traumatic brain injury.
- The plaintiff suffered compensable damages because of the negligence, such as injury, medical bills and lost wages.
Common accidents that give brain injury victims the right to seek financial compensation in Texas are motor vehicle accidents, falls, sports and recreational accidents, workplace accidents, and abuse or acts of violence.
Discuss Your Legal Rights With a Traumatic Brain Injury Lawyer
Texas does not have just one definition of “traumatic brain injury” that automatically qualifies an individual for compensation through a personal injury claim. Every situation is unique. To assess whether you have the right to file a case as a brain injury victim or family member in Texas, consult with an attorney. An Austin personal injury lawyer can review your specific situation and give you tailored legal advice for the future.
