The Best Austin Brain Injury Lawyers – Traub Law Office
Brain injuries can be devastating for the person injured and their caregivers, yet these types of injuries are harder to prove and are often not adequately diagnosed. That’s why you need to hire experienced Austin brain injury lawyers right away.
The primary responsibility of Austin brain injury lawyers is to provide legal representation and support to victims and their families throughout the legal process. This includes conducting thorough investigations, gathering evidence, and negotiating with insurance companies or opposing parties to secure fair compensation for medical expenses, lost wages, and pain and suffering. Austin brain injury lawyers also offer invaluable guidance on navigating complex legal proceedings, including filing lawsuits and representing clients in court if necessary.
I once handled a crash where my client threw up at the scene of the collision and then started having headaches soon thereafter. She ultimately ended up needing major surgery only to have her employer (who was also her insurance company) claim that the problem was there before the crash.
Another client’s doctors have diagnosed her with chronic, permanent headaches due to her collision and she’ll need treatment for the rest of her life. These types of injuries can be very serious.
According to Texas Health and Human Services, different kinds of brain injuries can arise from vehicle accidents, including automobile crashes, motorcycle crashes, and pedestrian collisions, contingent on the impact’s severity and nature. From minor concussions to serious traumatic brain injuries (TBIs), these injuries can vary widely in severity.
If you’ve been injured in a car wreck, you may have suffered a traumatic brain injury or TBI. Traumatic brain injuries can range from mild to severe and are caused by an injury to the head from blunt trauma or acceleration or deceleration forces common in an automobile collision – in fact, your head doesn’t even have to strike something in the car to suffer from one – you can have this type of injury just from the brain being pushed against the skull (think of a shaken baby).
The most common injury is mild traumatic brain injury (MTBI), commonly known as a concussion. A concussion can result from even a relatively minor car wreck and symptoms can include loss of consciousness and blank spots or blackout in your memory.
Even “minor” brain injury is catastrophic because it changes a person’s life. It is called “mild” only because it’s not life-threatening, and because doctors used to think that it involves metabolic rather than physical damage. But “mild” brain injury affects every hour of a person’s (and her family’s) life. The problems grow worse over time. Mental senility sets in years sooner. Brain damage, mild or otherwise, renders the brain eggshell vulnerable to future trauma, including low-level impacts that otherwise would have caused no harm.
Diagnosing concussions can be particularly difficult because symptoms are similar to other medical problems and are often overlooked. Signs and symptoms of an injury to your brain may include attention difficulties, concentration problems, memory problems, headaches, dizziness, insomnia, fatigue, nausea, blurred vision, irritability, depression, anxiety, loss of initiative, and/ or problems related to your employment. It is also advisable to consult with Austin brain injury lawyers immediately to establish liability.
A mild concussion can be very serious. According to a recent paper from the Centers for Disease Control and Prevention, an MTBI can lead to significant, life-long impairment in your ability to function physically, cognitively, and/or psychologically. Some long-term problems include persistent headaches, confusion, pain, memory problems, fatigue, changes in sleep patterns, mood changes, and/or vision or hearing changes. Proper diagnosis, referral, and patient/family education are critical for helping a concussion victim achieve optimal recovery and avoid or reduce these life-long problems.
Brain injuries caused by medical negligence can result from various errors, including oxygen deprivation during surgery, birth-related trauma, medication mistakes, and mismanaged post-op care. These injuries may lead to lasting complications like strokes or cognitive decline. Real-world cases have involved routine procedures gone wrong, unsafe mental health facilities, or negligent chiropractic treatment. Common legal claims often involve surgical errors, anesthesia mishandling, and hospital negligence. Skilled attorneys build these cases by working with medical experts to investigate causes, assess damages, and hold all responsible parties accountable. Peer-reviewed attorneys—especially those with top ratings like “AV Preeminent”—are often best equipped to handle such complex claims.
What Determines the Value of a Brain Injury Case?
Each brain injury case is unique, and its value depends on several key factors. Understanding these factors can help you set realistic expectations.
- Injury Severity and Impact: Permanent disabilities, extensive medical treatment, and ongoing care increase the case’s value.
- Daily Life Impact: Effects on work, self-care, relationships, and daily life amplify the case’s value, especially if future losses are likely.
- Long-Term Consequences: Cognitive, physical, and psychological complications can alter earning capacity, independence, and require costly rehabilitation.
- Incident Circumstances: Fault, negligence, and shared responsibility influence compensation.
- Insurance Coverage and Legal Limits: Policy limits, damage caps, and comparative negligence rules affect final recovery.
Every brain injury case is unique, and fair compensation depends on the specifics. An experienced attorney can help you navigate the complex process and maximize your case’s strength.
How Comparative Negligence Affects Brain Injury Claims
When accidents happen, fault isn’t always clear-cut. You might be partially responsible, but still deserve compensation for your brain injury. Comparative negligence rules can impact your claim’s value. If you’re found partially at fault, your compensation may be reduced by your percentage of blame. However, if you’re more than a certain percentage at fault (varies by jurisdiction), you might not be eligible for damages.
Insurance companies often try to shift blame to minimize payouts. Having experienced advocates on your side can make a significant difference. They can help:
- Build a strong case
- Counter unfair blame-shifting
- Safeguard your rights
Time Limits for Filing a Brain Injury Lawsuit
If you’re considering legal action after a brain injury, it’s crucial to know the statute of limitations. This timeframe varies, typically ranging from 2 to 6 years from the date of the injury. However, failing to file within the time limit can mean losing your right to compensation. Some exceptions may apply, such as:
- Minors or individuals with disabilities
- Injuries not immediately discovered
Delays can lead to lost evidence, faded memories, and reduced chances of success. Protect your rights by consulting an experienced brain injury attorney as soon as possible. They can help you:
- Determine the applicable time limit
- Investigate promptly
- Secure crucial medical records
- Preserve key evidence
Experienced Austin Brain Injury Lawyers
Brain injuries—no matter how “mild” they seem—can turn every part of your life upside down. At The Traub Law Office, we understand how overwhelming it can be to deal with memory loss, medical bills, or a complete shift in your ability to work or live independently. That’s why our experienced Austin brain injury lawyers handle the legal stress for you. We know how to prove invisible injuries, push back against unfair denials, and fight for the full compensation you’ll need—both now and in the years to come. While we handle the legal battle, you can focus on healing, managing your care, and reclaiming control of your life. Let us protect your future and bring you peace of mind during one of the most challenging chapters you’ll ever face.
Contact the Austin brain injury lawyers at The Traub Law Office, P.C. in Austin Today. If you think you may have suffered an MTBI as a result of a car wreck, contact your doctor immediately. And, if your injury is the result of the negligence of a third party, contact Austin brain injury lawyers to discuss your legal rights. Call us at (512) 246-9191 or complete the form.
