Abilene Brain Injury Lawyer
Helping TBI Victims Seek Justice
Experiencing any form of brain injury can dramatically affect your health, your ability to earn an income, and your future. A serious brain injury can have lasting consequences for your well-being and happiness, often necessitating complex medical care and help from a brain injury lawyer.
Brain injury victims can face sleep issues, impaired cognitive capacity, debilitating headaches, reduced motor function, and other serious effects.
If you or a loved one has suffered a brain injury as a result of an accident caused by someone’s negligence, you may be owed compensation. Our Abilene brain injury attorneys at Hanna Allen, PLLC will fight to make sure you receive the full compensation that you deserve following a serious brain injury.
Why Brain Injuries Are Uniquely Harmful
A brain injury is unlike any other.
For one thing, your brain controls the rest of your body. It is responsible for your emotions, your ability to think and make decisions, your ability to connect with people, and your ability to function day to day. The brain is the center of your identity. And when you’ve experienced brain injury, it is not always obvious to others.
Further, symptoms may not show up until weeks or even months after an injury occurred. When delayed symptoms do begin to appear, it can take a long time for you and for medical professionals to connect the dots back to the original incident that caused your brain injury.
In addition to being difficult to pinpoint, brain injuries can be uniquely devastating, leading to paralysis, confusion, mood changes, headaches, and a host of other physical, mental, and emotional effects. Recovery can be fast in the case of a mild concussion or, in more serious cases, can take years. Some people never fully recover from traumatic brain injury (TBI).
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries are an extreme form of head trauma, most often caused by a violent blow to the head or asphyxiation. TBIs can be caused by reckless or negligent actions, which can call for an injury claim or lawsuit.
Some of the most common causes of TBI include:
- Motor vehicle accidents: Traffic collisions and accidents involving cars, trucks, motorcycles, and other vehicles are one of the most common causes of TBIs. If you were hit by a reckless motorist, then they could be solely liable for the losses caused by your brain injury and other injuries.
- Falls: A slip-and-fall accident might not seem that serious at first, but such accidents can be extremely dangerous. Senior citizens in nursing home centers are at a significant risk of hitting their heads when falling, which could make the nursing home liable.
- Assault-related incidents: Intentional acts of violence and wrongdoing can be the cause of a TBI, such as physical assaults. The offender can be criminally charged and tried, as well as face civil action from the surviving victim.
- Workplace accidents: If you suffered a brain injury while working or due to a work-related task, then you might be able to file for workers’ compensation benefits as well as file a third-party personal injury lawsuit, depending on who was involved in the workplace accident.
Compensation for TBI Victims
A brain injury lawsuit can provide you with monetary compensation for your losses and suffering. If you have suffered a traumatic brain injury due to another's negligence or recklessness, you should explore your legal options with our team. We can use our decades of collective experience to accurately calculate the compensation owed to you.
Damages awarded in a TBI lawsuit often include:
- Medical expenses, including emergency care, hospital stays, and long-term treatment
- Lost wages due to the inability to work
- Pain and suffering from physical and emotional trauma
- Loss of consortium, or companionship of a partner
- Funeral expenses if a loved one was killed as a result of the injury
What If My Loved One Died from a TBI?
When a person dies as a result of a traumatic brain injury, the effect on their family is devastating. Surviving family members are left to mourn the unexpected loss of their loved one, and they may have unexpected additional financial burdens as well.
If you are a close relative of someone who died from a brain injury, you may have a case for a wrongful death claim. You must be the deceased person’s spouse, child (minor or adult), or parent to file a wrongful death claim. Grandparents and siblings are not eligible. As in a personal injury case, the case must involve an established duty of care, a breach of such care, and losses—a wrongful death, in this case—that resulted.
At Hanna Allen, PLLC, our attorneys can help you get justice if your loved one died as a result of a traumatic brain injury and someone else’s negligence is to blame. We understand that we can’t bring your relative back or stop your pain, but what we can do is ease your financial burden and make sure that the people who caused your family member’s death are held responsible.
Typical damages in a wrongful death suit include compensation for:
- Funeral and burial costs
- Lost wages or earning capacity of the decedent
- Lost care, services, support, or counsel that the deceased family member would have provided
- Loss of comfort, companionship, and love
- Loss of inheritance, meaning money left for surviving family had the decedent not died
Evidence Used to Prove Liability in TBI Claims
To prove negligence and liability in a brain injury case, you must demonstrate that the responsible party failed to act as a reasonable person would have in a similar situation. Evidence will be crucial to proving your argument.
Evidence that can help you prove your case includes:
- Eyewitness accounts or testimonies of individuals who witnessed the incident or accident
- Photographs of the scene, which can help establish what happened and how it happened
- Medical records and reports from medical professionals providing care to the victim
- Expert testimonies from third-party medical doctors who can weigh in on your TBI
Signs and Symptoms of a TBI
TBI can cause wide-ranging physical and psychological effects.
Mild TBI symptoms can include:
- Nausea or vomiting
- Speech problems
- Sensitivity to light and sound
- Brief loss of consciousness
- Difficulty sleeping
- Memory or concentration problems
Moderate to severe TBI symptoms can include:
- Persistent headache
- Prolonged unconsciousness lasting several minutes or hours
- Repeated vomiting
- Convulsions or seizures
- Pupil dilation
- Difficulty waking from sleep
- Numbness in fingers and toes
- Loss of coordination
- Slurred speech
- Agitation and unusual behavior
If you’ve experienced any of the above symptoms after a head injury, don’t wait to seek medical treatment. Additionally, if your brain injury resulted in expensive medical bills, pain and suffering, and other negative effects, you may be entitled to compensation. Our Abilene brain injury lawyer can help determine if you have a case.
Why You Should Contact Hanna Allen, PLLC
At Hanna Allen, our brain injury attorneys in Abilene are experienced in handling difficult and complex personal injury cases. We will thoroughly investigate the circumstances of your injury to determine if another party’s negligence is to blame and will calculate the entirety of your losses—including past, present, and future damages.
Because serious brain injuries significantly affect victims’ lives, the compensation payouts can be justifiably high. However, this means that insurance companies will fight hard to avoid having to pay large settlements. That’s why it’s crucial to have an experienced traumatic brain injury attorney on your side. Call Hanna Allen today.
Call Hanna Allen, PLLC today at (325) 440-9996 or request an appointment online. We have offices in Abilene, Odessa, and Midland. Initial consultations are free, so you have nothing to lose by speaking with our brain injury attorneys in Abilene.
How much is my brain injury case worth?Our Abilene brain injury lawyer cannot tell you how much your brain injury case will be worth until investigating your accident and the resulting injuries and calculating your total losses. The experienced head injury lawyers at the Hanna Allen, PLLC have handled various TBI cases, and no two have been exactly the same. Brain injuries can be mild, severe, or anywhere in between, so medical costs vary widely. Lost income, of course, is calculated based on the victim’s income before the incident. So, someone who made $50,000 per year will receive less than someone who made $100,000 per year. No matter the circumstances surrounding your accident, a good traumatic brain injury attorney will conduct a thorough investigation and make sure to account for every loss you have experienced.
What damages will my TBI lawyer seek?As in any personal injury case in Texas, damages in a traumatic brain injury case fall into two categories: special damages and general damages. Special Damages in a Brain Injury Case Special damages are actual economic damages, so they are generally more concrete and easier to calculate. They include: All past, current, and future medical expenses related to the accident: medication copays, hospital bills, medical equipment, etc. Lost wages from missed work and loss of earning capacity related to future earnings Property damage (for example, if you suffered a head injury in a car accident, repair or replacement for your car, and damaged property that was inside the car). General Damages in a Brain Injury Case General, or non-economic, damages, are those very real but less easily quantifiable losses. They include: Emotional, mental, and physical pain and suffering Loss of quality of life Emotional trauma or distress. In rare cases, victims may be eligible to receive additional damages called punitive damages. These are awarded only in situations in which the injuries are determined to be a result of gross negligence or deliberate action. Texas is a comparative fault state. This means that as long as the other party is determined to be at least 51% at fault for the incident that caused your TBI, they or their insurer will be responsible for damages. But if you are found to be partially at fault, the money you receive may be reduced by that percentage of fault. As an example, consider a motorcyclist who was hit by a car operated by a distracted driver who ran a stop sign while texting. Clearly, the car’s driver broke the law and is responsible for the accident. But if the motorcyclist was not wearing a helmet, the insurance company may argue that the motorcyclist is partially at fault for their TBI—even though Texas state law does not require that drivers over the age of 21 wear helmets.
Why do I need a traumatic brain injury attorney?As you focus on recovering from TBI while managing all of your bills—possibly without any income—you may be hesitant to hire a brain injury lawyer, fearing that you can’t afford this additional expense. Perhaps you’ve already been approached by the party that caused your brain injury or their insurance company with a cash settlement offer. Here’s the thing: the other party’s motive behind a quick settlement is to discourage you from hiring head injury lawyers and taking things further. Insurance companies are well aware that if you do hire professional representation, they will likely end up parting with far more money. An experienced traumatic brain injury attorney will use their experience and deep knowledge of Texas law to accurately calculate the full cost of your losses. They will research the accident and find all responsible parties. And they will negotiate with the other party on your behalf—taking them to court if necessary. At the Hanna Allen, PLLC, we don’t get paid unless you do, so there is no downside to giving us a call.
How do I know if I have a traumatic brain injury claim?A legitimate traumatic brain injury case must demonstrate several elements. First, you must have suffered actual damages, or losses, for which you need compensation. These may be actual financial losses, like medical bills and lost wages, or other losses for which a value must be defined, like pain and suffering. Your Abilene brain injury lawyer must prove that a party had a duty of care, that they breached that duty by acting negligently, and that their negligence caused your injury. Brain injury lawyers in Abilene at the Hanna Allen, PLLC will be happy to go over the facts of your case and help determine whether you have a strong claim.
Who can be held responsible for traumatic brain injuries?Brain injuries are often the result of accidents. And accidents happen, in some cases, due to a person’s negligence. When negligence was involved, you may be owed compensation for your injuries. People responsible for your accident can include drivers, in the case of a motor vehicle accident; employers, in the case of workplace accidents in Texas’ many oilfields and other dangerous locations; property owners, if the accident occurred as a result of a hazardous condition on someone’s property; and manufacturers, if the accident resulted from a defective product.
What is my deadline to file a brain injury lawsuit?Texas has a two-year statute of limitations on personal injury cases. This means that accident victims have two years from the date of their injury, or from when injury symptoms were discovered, to file a lawsuit. It’s best to begin speaking with brain injury lawyers in Abilene as soon as you’re able to, as cases take time to file and process, and you don’t want to miss your window for compensation.
They assisted my loved one during an unbelievably difficult time, helped provide peace of mind while easing some of the stress.S.
Highly recommend this law firm! We felt like they really cared and we were part of their family. Jeffery did a thorough job of explaining in terms we could understand.Cie K.
Mr. Hanna worked long hours, spent countless days preparing for settlements and trials. His compassion for the law and his clients is far better than anything I could have expected or wanted.Justin D.
Great people! They go above and beyond and have helped my family and I more times than I can count. Highly recommended!Laura M.
Took really good care of us in a professional manner. I’m very pleased with the results and would recommend to anyone.Heaven R.
I had always heard great things about Hanna Allen, and after Meeting Mr. Hanna I too was very pleased with the way he showed me respect and compassion.Shawn F.