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Traumatic Brain Injury
You don't have to face this alone. At Jay Murray Law, our team brings over 30 years of experience in securing full and fair compensation for injured victims like yourself.
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A brain injury attorney in Dallas will investigate how your injury occurred, find out who was at fault, and document how your injuries affect your physical health and well-being as it relates to employment and other activities of daily living. In addition, a brain injury attorney in Dallas may be able to obtain money from the person or persons that are negligent for causing your brain injury, including all of your past medical expenses, rehabilitation expenses, loss of earnings (past), decreased earning capacity (future), and pain and suffering.
At Jay Murray Law, we gather the evidence related to your accident; review your medical records; work with specialists when needed to determine what your present economic loss is and what your need for future care will be; negotiate with your insurance company; and prepare your case for trial if necessary so your claim includes not just the medical bills you currently have.
Every year, Texas medical providers treat thousands of patients with traumatic brain injuries. Hospitals throughout the state of Texas including those in the city of Dallas provide treatment to individuals injured while involved in car crashes along I-35; fell at construction sites located in areas such as Deep Ellum; or sustained injuries during sports activities throughout the youth leagues of our great state. Each patient requires specialized medical documentation which insurance carriers often seek excuses to dispute.
Unfortunately, most families do not realize what documentation is relevant until after they are unable to present it. CT scans performed on the date of the accident are typically viewed as being more important than subsequent CT scans performed weeks after the accident. Statements provided by witnesses deteriorate rapidly as time passes. Insurance adjustors calling your hospital room seeking statements regarding the accident prior to you understanding your rights under law.
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A traumatic brain injury (TBI) is an emergency. Some people say, “the first 72 hours after hitting your head in an accident determines the strength of your legal case”. However, it’s not that black and white. Yes, early medical assessment and preserving evidence is very important to your case. However, Texas law does not establish a 72-hour window of opportunity for establishing the merits of a personal-injury lawsuit.
If the appropriate medical records aren’t documented properly; if pictures of accident scenes are not taken before the evidence is destroyed; if witnesses are not interviewed while memories remain clear then you could be at a disadvantage when pursuing legal remedies.
Many TBI cases come from motorcycle accidents along the Dallas North Tollway, workplace accidents in construction zones and pedestrian accidents in areas such as Uptown and Lower Greenville. Depending on the type of accident that caused your TBI, there may also be different liability questions.
A construction-site brain injury may involve workers’ compensation, a claim against a nonsubscribing employer, or claims against responsible third parties, depending on the worker’s employment relationships and available coverage.
On the other hand, if an employee suffered a TBI in an automobile accident they were driving while working, they may be able to pursue claims against two separate insurance policies.
Even though insurance companies typically assert that TBI’s are “not serious” since the victim walked away from the accident, this does not take into account that brain injuries frequently do not exhibit symptoms until several days or even weeks after the incident. If an injury can lead to (or has led to) symptoms of confusion, memory loss, mood swings or chronic headaches that are directly related to the car wreck through supporting documentation from both doctors and other sources (i.e., police report), it could be used to establish a strong basis for your personal injury claim.
Too many people view concussions as being only slightly injurious. Many athletes are advised by coaches to simply shake off a concussion. Many workers are sent back to the job site on the very same day they were injured. Many victims of motor vehicle accidents are assured that they’re okay because they lost consciousness for only a short time.
What doctors know however is that concussions result in actual brain damage. While one concussion doesn’t necessarily lead to long term consequences, multiple concussions increase a person’s likelihood of developing chronic brain related issues. Post-concussive syndrome can affect someone for months or years after a single concussion.
Personal injury cases in Dallas involving concussions require attorneys who understand the underlying scientific basis. Our firm works with neurologists who are able to describe how concussions alter the chemical makeup of the brain. Additionally, our firm documents the various types of post-incident symptoms that are indicative of the level of injury sustained including light sensitivity, concentration difficulties, and personality changes.
Youth sports league concussion injuries in Dallas, high school football injuries, and gym-related concussions have different legal implications.
The laws in Texas that apply to claims against Texas Public School Districts include some restrictions based upon “governmental immunity”, and there are also specific notice requirements which will depend greatly on how the facts and circumstances of each case affect the applicable governmental entity.
The liability of a private gym is dependent upon the particular set of rules which include negligence, premises liability, contractual or others. A separate set of rules (insurance) can also limit what would otherwise be available coverage under the gym’s insurance policy.
An understanding of all these differences helps to ensure that clients receive financial compensation rather than denial.
Closed head injuries occur when the brain suffers some form of trauma without causing an open fracture to the skull. Closed head injuries commonly occur in car accidents where passengers’ heads strike the windshield or window. Closed head injuries also occur when workers fall onto concrete surfaces or are physically assaulted.
An insurance company might deny payment in a closed head injury claim simply because there is no visible damage from the outside, or early scans show that the brain looks “normal.” The medical evidence may need to prove that there was still a closed-head injury.
Hiring a lawyer with experience representing individuals suffering from closed head injuries can be an advantage since we understand which additional diagnostic tests demonstrate the presence of closed head injuries. MRI scans demonstrate problems that CT scans cannot detect. Neuropsychological testing demonstrates cognitive impairments that appear to exist outside of observable physical characteristics. Testimony from family members provides objective evidence of personality changes that cannot be measured through imaging techniques.
Our firm has represented clients suffering from closed head injuries stemming from accidents occurring in North Dallas, East Dallas, and surrounding communities in the DFW metropolitan area. As such, our representation involves creating sufficient medical evidence to refute insurance companies’ skepticism.
Anoxic brain damage occurs when a person suffers from a complete absence of oxygen. Hypoxic brain damage results when an individual suffers from insufficient oxygen. Both conditions create permanent damage to the brain in mere minutes.
Anoxic and hypoxic brain damage cases arise from drowning incidents in swimming pools, medical malpractice during surgical procedures, carbon monoxide poisoning in rental units and complications arising from cardiac arrests. Each category raises different legal claims against different liable entities.
For instance, lawsuits filed based on pool accidents may include allegations against the owner(s)/operator(s) of the pool for failing to supervise or utilize safety devices/equipment. Medical malpractice suits (health care liability claims) will have to meet the requirements for qualified experts in addition to having a qualified expert report as required by statute and must serve the report before the deadlines established by Chapter 74. Texas law also imposes special limits on noneconomic damages in many medical malpractice cases, so recoverable damages may differ substantially from an ordinary negligence claim.
A carbon monoxide (CO) exposure claim could include allegations that an owner/landlord failed to meet their applicable duties under safety regulations as well as local carbon monoxide detector ordinances based upon the type of residential/commercial property and location.
As such, these cases proceed rapidly as evidence evaporates rapidly. Swimming pools are chemically treated after an incident. Medical records are reduced to summary forms. Rental properties are ventilated/cleaned. Therefore, having a lawyer with knowledge and experience in brain injury law who acts promptly helps to ensure that the requisite evidence is preserved.
“ There are several things you should do after a crash in Dallas County, but seeking medical attention immediately and getting to the right medical providers that can properly diagnose you are at the top of the list.
If you’ve suffered a head injury, getting the right testing to determine how your brain was affected can be critical to both your recovery and your case.
One of the things that can happen in car crashes is called axonal shearing, and it literally breaks the axons in your brain, and there’s a specific test that can be done that can pick that damage up.”
A penetrating traumatic brain injury occurs when an object breaks through a person’s skull to enter their brain. A gunshot wound; being stabbed by another; or accidently striking your head with something (like a saw blade, a hammer, etc.) are just some of the ways you can suffer this type of severe damage.
The types of accidents that result in penetrating traumatic brain injuries in the Dallas area are varied and many. These include violent crimes; accidents at work with power tools, machines, etc.; and car wrecks where flying debris strikes your head. Medical treatment for a penetrating traumatic brain injury is extensive. Recovery time from such an injury is very lengthy. And the costs associated with this type of injury include not only your current medical expenses but also the cost of lifetime care needs.
Therefore, it is essential to hire experienced professionals to assist you in calculating future medical costs as well as explaining how the resulting brain injury has limited your ability to earn a living. Examples of professionals you may want to consider hiring include:
Every day, residents of Dallas are exposed to the risk of sustaining a brain injury while traveling by vehicle along Dallas streets; working in Dallas construction zones (such as those located in the booming Uptown, Design District and Victory Park); visiting businesses throughout Dallas where they may slip and fall on concrete or tile flooring; socializing in bars/restaurants found in various Dallas neighborhoods such as Knox-Henderson and Bishop Arts Districts; etc.
Depending upon the type of accident, there will be varying investigative methods used. Accident reconstruction is typically necessary to investigate car accidents. Some workplace injury claims may require evidence of an Occupational Safety and Health Act (“OSHA”) or other safety rule violation; however, this is not always required for all workplace injury claims.
In many Texas premises-liability cases, the injured party is required to show that the property owner or occupier either (i) knew about the dangerous conditions; or (ii) should have known about the dangerous conditions as well as the additional requirements for liability.
Serious head injuries can cause severe damage to the victim as these often entail costly medical treatment and are likely to have lasting effects upon their ability to earn money or enjoy life in general. However, the monetary value of any given injury case will depend on all the circumstances of that specific case.
For example, the cost of hospitalization for brain injuries at Dallas area hospitals including UT Southwestern Medical School; Baylor University Medical Center; Medical City Dallas; etc. can range from tens-of-thousands to hundreds-of-thousands of dollars. However, this represents only one portion of what will ultimately become an extensive series of rehabilitation-related expenditures.
Occupational therapy; speech therapy; cognitive therapy; etc. can help individuals relearn how to perform basic functions which have been lost due to a brain injury.
Lost wages also play a critical role in determining fair compensation for brain injured victims. Many victims of brain injuries are unable to return to work in their pre-injury capacity and therefore experience reduced earning capabilities (i.e., from full time employment to part time, simple work).
Additionally, Pain and suffering compensation provides for some of the “life-changing” effects experienced by victims of brain injuries. The victim experiences personality changes which affect his/her marriage. A victim experiences cognitive difficulties which affects his/her friendships.
Finally, physical impairments experienced by a victim affect his/her ability to participate in previously enjoyed hobbies and activities which defined him/her.
Expert testimony regarding future medical care is frequently needed to calculate reasonable estimates of future medical care-related expenses associated with the treatment of long-term brain injuries. These expenses include medications; doctor visits; therapy sessions; and possible additional complications arising from the initial brain injury.
Many Texas injury lawsuits are governed by a statute of limitations of two years, however there may be shorter time limits, special statutes of limitation or repose in addition to exceptions for governmental entities, medical malpractice, worker’s compensation, minors and/or others. This may appear sufficient until one realizes the consequences of waiting.
Medical documentation can become increasingly difficult to obtain as hospital records are archived; doctors move to different locations or retire, leaving detailed treatment notes reduced to summary statements lacking the specificity required to support your case.
Additionally, locating witnesses can become nearly impossible. Witnesses relocate; phone numbers are lost or changed and memories begin to fade making useful testimonial evidence “I think” or “possibly”.
Insurance companies may decide to settle with the injured party prior to knowing the total amount of damages suffered by them, therefore the injured party should be very careful when evaluating any settlement offers received from the insurance company before agreeing to accept such. If you hire us and begin your case promptly, we will act immediately to protect the evidence; work to ensure that witness testimony remains available; and negotiate from a position of strength rather than desperation.
“It’s important to find healthcare providers in Dallas County that understand other symptoms that identify a traumatic brain injury, such as ringing in your ears. A lot of people would not ever correlate that with being involved in a crash, but that is something that can be caused when you have a traumatic brain injury.
A lot of people do not realize that if they have the ringing in their ears, there is a procedure they can do, but you have to do it within 72 hours of the crash to get rid of that ringing in your ears. There’s an injection that a doctor can do into your ear to get rid of that ringing sensation.”
A person that has been injured by an impact to their head can bring a personal injury claim against the party which caused the injury, provided all required elements to support a valid claim are present.
Examples include car accidents caused by intoxicated or distracted drivers; workplace injuries due to safety violations; and property damage due to negligent upkeep.
Insurance companies are not medical experts; they are businesses trying to reduce liability. If you are experiencing symptoms such as headaches; dizziness/confusion; memory loss/short-term memory loss; emotional/mood swings; and/or trouble focusing/concentrating; seek a neurologist for professional diagnosis.
Our firm works on contingency fees for personal injury claims. There are no upfront costs associated with retaining our services. We receive payment only if we prevail in your lawsuit. Therefore, families struggling financially with massive medical bills may retain experienced representation without jeopardizing their family’s economic stability.
Each case progresses according to its own unique circumstances. Some Cases resolve within several months (i.e., liability is established, damages are documented) whereas other Cases may require significantly longer periods of time (i.e., liability disputes; insurers unwilling to offer reasonable settlements). You, the client, is always in control of how the settlement will be made. Before any decision to settle or not, you will be given an overview of the potential risks associated with each option and the decisio =n will be yours.
Yes. When necessary, our firm represents Brain injury victims and their families. The fact that a loved one is incapacitated does not automatically prevent you from pursuing a claim on their behalf. However, Texas laws do provide additional procedural hurdles when a claimant is incapacitated. The incapacitated injury victim will need to appoint a legal guardian or “next friend” to act on their behalf in pursuit of compensation; however, the Texas laws also include requirements for court approval of any settlement reached as a result of said claims.
“It’s also very important in Dallas County if you’re injured in a crash to have friends or coworkers that can tell the jury about how you were before the crash and how you are after the crash.
One of the tricky things with a mild traumatic brain injury is that you look fine, you talk fine for the most part, and if somebody sees you for a couple of minutes, they don’t realize you have a brain injury.
But people that you spend hours and days and weeks and months with, they’re the ones that can say, ‘Yeah, before this, the victim could remember everything they needed to do that day. Afterwards, they have to write it down because they’ll forget stuff.’ And that is a symptom of a mild traumatic brain injury.”
Understanding the impact of the accident on your family begins each new Brain injury case. Initially, we meet with you to share the complete history of the accident; not merely the details regarding the accident itself but also information regarding who your loved one was prior to the accident and how he/she has changed since sustaining his/her injury.
Next, we conduct a comprehensive review of the victim’s medical records. Records are obtained from emergency departments; hospitals; rehabilitation centers; specialists; etc. We examine these documents to establish the extent of the initial injury; the treatment provided to address said injury; and the likelihood of successful recovery.
We then conduct an investigation to determine responsibility. Photographs are taken of the accident scene(s); witnesses are interviewed; police/accident reports are obtained; all potential defendant parties are identified; etc. Dallas is home to many multi-party accidents with various defendants attempting to shift fault away from themselves.
When possible, we consult with experts. We work closely with neurologists; neuropsychologists; life care planners; vocational experts; economists; etc. These professionals provide expert testimony regarding your injuries and damages.
Wherever possible, we attempt to reach a negotiated settlement prior to engaging in litigation. During settlement negotiations, if appropriate, we provide evidence related to liability and damage issues. However, ultimately whether a case will settle is determined by all of the facts and/or positions that have been taken by the respective parties.
Historically Dallas juries have awarded significant verdicts in brain injury cases, which can increase the chances of reasonable settlement offers.
Regardless of whether a case ultimately goes to trial or settles during negotiations, trial preparation begins immediately. Regardless of whether a case is eventually settled or proceeds to trial, our preparation includes preparing as though it will proceed to trial. By preparing for the possibility of a trial in all matters, the law firm is better positioned to evaluate potential settlement offers and prepare for litigation should that be required.
As a Dallas-based brain injury lawyer, our firm serves families residing across the city of Dallas and surrounding communities including Highland Park; University Park; Lakewood; Lake Highlands; Oak Cliff; Pleasant Grove; Casa View and all other neighborhoods.
In addition to representing clients injured in accidents occurring throughout the city of Dallas, we also serve clients injured in accidents occurring in Collin County, Denton County, Tarrant County and Ellis County. Wherever your accident happened and wherever you live in Texas – it doesn’t affect our ability to assist you. What matters is that you need assistance and we can provide it.
A brain injury does not spontaneously resolve itself. Delaying action does not result in increased generosity from insurance companies. Because serious brain-injury cases can and do involve complex medical, insurance, and legal issues, it’s important to seriously consider consulting an attorney before making important claim or settlement decisions.
Contact our office today to schedule a free consultation regarding your Brain injury lawsuit. During your consultation you will speak directly with a lawyer, not a paralegal or associate attorney. You will also receive accurate information as to whether we can assist you with regard to your brain injury case.
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