A traumatic brain injury is one of the worst types of injuries that you can experience. If you or a loved one has experienced a brain injury in the Houston, TX area, call Simon & O’Rourke Car Accident & Personal Injury Lawyers for help.
A Houston brain injury lawyer in our office will explain your rights and fight for you to recover money. That money can help you pay for expensive medical bills, lost wages, and the emotional impact of a brain injury.
Our team has over 43 years of combined experience helping people get justice after a brain injury. We are prepared to help you through even the most difficult cases. Call our Houston, Texas, office to schedule a free consultation with a Houston brain injury attorney today at (281) 667 4081.
How Simon & O’Rourke Car Accident & Personal Injury Lawyers Can Help After a Brain Injury In Houston
Since 2014, Simon & O’Rourke Car Accident & Personal Injury Lawyers has won tens of millions of dollars for our clients. This money has helped them turn their lives back around after getting seriously injured. We are proud to be part of the Texas Verdict Hall of Fame and have named Texas Super Lawyers every year from 2014 through 2024.
If you choose to work with us, our Houston brain injury lawyers will:
- Calculate your damages
- Explain the law
- Investigate the accident
- File insurance claims
- Negotiate with insurance companies
- Collect evidence
- Review your medical records
- Consult with doctors and expert witnesses
- Negotiate with the defendant’s lawyers
- Represent you at every court hearing
- File a personal injury lawsuit
- Stand up for you at trial
Every brain injury case pans out differently. We know that there isn’t a one-size-fits-all approach. That’s why we will tailor a specific strategy to your case so that we can pursue full compensation on your behalf. To get started, call us to set up a time to discuss your case during a free initial consultation with a personal injury lawyer in Houston, TX.
What Is My Brain Injury Case Worth?
Brain injury cases are usually worth a lot of money. That’s because brain injuries can have a significant impact on your quality of life. Furthermore, brain injuries can be expensive to treat because they often require surgeries, rehabilitation, and ongoing complex treatment.
Several factors can affect the value of your brain injury case, including:
- The cost of your medical bills
- The severity of your injury
- The need for ongoing medical treatment
- If you are partially responsible for causing or worsening your brain injury
- Your ability or inability to work or earn income
- If there is an insurance policy at play
- The effect of your injury on your overall quality of life
Whether your case is worth a little or a lot, you deserve to get paid. We can help you realize the value of your case and collect the damages you are owed. Call us today to get an idea of your case’s value.
What Kind of Damages Are Available to Brain Injury Victims?
Luckily, there are multiple options for damages available to brain injury victims. Houston brain injury victims can always recover economic and non-economic damages. Economic damages are financial losses that happen because of a brain injury.
These losses may include:
- Emergency medical bills
- Ongoing medical costs
- Rehabilitation
- Physical therapy
- Cost of medicine
- Lost wages (past and future)
- Out-of-pocket expenses
Additionally, you can collect non-economic damages. Non-economic damages are intangible losses. These losses recognize the invisible suffering that happens because of a brain injury.
Non-economic damages can include:
- Physical suffering
- Emotional anguish
- Loss of enjoyment of life
- Loss of companionship
- Mental illness
Non-economic damages are hard to calculate because there isn’t a set dollar figure attached to the loss. However, these losses can be significant. We can help you calculate your non-economic damages based on our experience handling similar cases.
Punitive Damages
In some cases, you can recover punitive damages. However, punitive damages are not always allowed. Punitive damages are different from economic and non-economic damages because the purpose is to punish the defendant rather than to pay the plaintiff for their losses.
You can ask for punitive damages if you prove by clear and convincing evidence that the accident was caused by:
- Fraud
- Malice, or
- Gross negligence
This means that you need to prove more than negligence. It can be difficult, but it isn’t impossible. If you think that you are entitled to punitive damages, hiring an attorney is your best bet for recovery.
How Much Does It Cost To Hire a Brain Injury Lawyer?
A Houston brain injury lawyer doesn’t have to be expensive. You won’t have to pay your lawyer a dollar unless they win the case. This arrangement is called a contingency fee.
In a contingency fee arrangement, your lawyer’s fee depends on the outcome of the case. If they win the case, they will take a percentage of the damages as their fee. If they lose, then you aren’t obligated to pay them anything.
Usually, the fee is between 33% – 40%. However, it can depend on how the case progresses. For example, some people may charge a higher percentage if the case goes to trial versus settled outside of court.
Can I Recover Compensation if I’m Being Blamed For My Brain Injury In Houston?
Unfortunately, many defendants try to blame a plaintiff for their injuries. In most brain injury cases, you can still recover compensation if you are blamed for causing the injury or making it worse.
Houston applies modified comparative negligence theory with a 51% bar. This means that you can recover proportionate damages as long as you are less than 51% responsible. If you are 51% or more responsible, you cannot recover anything.
Let’s say, for example, you are 30% responsible for a car crash that caused your brain injury. You can only recover 70% of your damages from the defendant.
You should always fight back against unfair blame-shifting to avoid being over the 51% threshold. Hiring a Houston brain injury attorney is the best way to protect yourself from getting blamed.
We’ll Fight to Recover Compensation for All Types of Brain Injuries
Brain injuries are very complex. There are many different types of brain injuries, and each can have a different set of symptoms and impact on your life.
Brain injuries are usually categorized as mild or moderate to severe.
Symptoms can include:
- Headaches
- Nausea
- Speech, hearing, or eyesight problems
- Dizziness or loss of coordination
- Loss of consciousness
- Mood instability
- Concentration problems
- Memory loss
- Eye dilation
- Seizures
- Numbness
- Increased or decreased sleepiness
The difficulty with brain injuries is that there are so many different symptoms. Sometimes the injury is obvious, while other times the symptoms are so subtle that they go unnoticed or misdiagnosed.
Our team is familiar with all types of brain injuries, including the most common such as:
- Concussions
- Traumatic brain injuries
- Aneurysms
- Hematoma
- Strokes
- Tumor
- Encephalitis
- Hypoxic brain injury
- Hydrocephalus
We will work with medical professionals and experts to understand your injury and prognosis. This information will help us accurately calculate your damages to make sure that we recover the money you need going forward.
Since brain injury cases can be very complicated, you should work with a lawyer who has experience handling similar cases. The stakes are high, and the quality of your representation should be high as well.
What Causes Most Brain Injuries In Houston, Texas?
Brain injuries can result from all types of accidents, even if they seem relatively minor at the moment. Some brain injuries may go unnoticed after a small accident until they become significantly worse over time.
In our experience, most brain injuries in Houston, Texas, result from:
- Car accidents
- Bus accidents
- Pedestrian accidents
- Slip and falls or tripping
- Workplace accidents
- Sports injuries
- Bicycle accidents
- Exposure to toxic chemicals
- Violence (like gunshots or an assault)
- Falling objects (such as on a construction site)
- Explosions
- Industrial accidents
If you have been in an accident where you hit your head, you should immediately seek medical care, even if you feel fine. The sooner that you diagnose a brain injury, the better the prognosis.
How Long Do I Have To File a Lawsuit After a Brain Injury In Texas?
You have two years in Texas to file a personal injury lawsuit after a brain injury. This time will go by quickly. Before filing a lawsuit, you usually need to file and negotiate with insurance companies, investigate the case, collect evidence, and negotiate with the defendant. On top of this, you will be healing from your injuries.
If you hire a lawyer immediately after getting hurt, then they will have enough time to handle all of these details before filing the lawsuit. If they miss the deadline, however, then your case is dismissed, and you lose your right to claim damages.
Contact Our Houston Brain Injury Lawyers for a Free Consultation
Simon & O’Rourke Car Accident & Personal Injury Lawyers are available to answer any questions that you may have about brain injuries. The best way to get started on your case is to call a Houston brain injury lawyer and discuss your legal options.
Our initial, no-pressure consultation is 100% free and with no hidden fees. It’s a great opportunity to learn about your rights and how to get justice after a brain injury in Houston, TX.
Visit Our Car Accident Law Office in Houston, TX
Simon & O’Rourke Car Accident & Personal Injury Lawyers
440 Louisiana St Suite 2300-A, Houston, TX 77002
(281) 667 4081
8:30 AM – 5:00 PM
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