If you or a loved one suffered a brain injury in an accident in Frisco, a personal injury lawyer from Loncar Lyon Jenkins can help you recover compensation for your medical bills, lost wages, and pain and suffering.
We can investigate your injuries, build your case, and pursue what you deserve from the liable party.
Damages in Brain Injury Cases
When filing a personal injury lawsuit, you can seek economic and non-economic damages for your injuries.
Economic Damages
These damages include money for your past and future financial losses, such as:
- Medical bills
- Lost wages
- Lost earning potential
- Out-of-pocket expenses
Non-Economic Damages
These include money for your past and future losses that do not come with an exact dollar amount, such as:
- physical pain
- mental and emotional suffering
- loss of enjoyment of life
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Filing an Insurance Claim or Lawsuit
We can help calculate your losses to ensure you do not accept a settlement offer that would not fairly compensate you. Sometimes, insurers make an initial offer without understanding the extent of your brain injury and how it will affect your life.
We can assess an offer and negotiate using expert testimony and medical documentation. If we cannot reach a fair offer through negotiations, we will not hesitate to take the liable party to trial to fight for what you deserve.
Negligence in Brain Injury Cases
There are several types of accidents that can lead to brain injuries. When these accidents are caused by someone else’s negligence, then you can use that as a “tort,” or basis for a lawsuit, according to Cornell Law School’s Legal Information Institute (LII). Through a lawsuit, you may recover damages for your injuries.
Here are some of the more common accidents that can cause brain injuries and how negligence works in these different situations:
Car Accidents
Car accidents can cause traumatic brain injuries (TBI). According to Mayo Clinic, “traumatic brain injury usually results from a violent blow or jolt to the head or body.” When you are in a car accident, your head may be struck by debris or an airbag. The impact of the collision may also shake your head so violently that a TBI results without any external head trauma.
When seeking compensation for injuries caused by car, motorcycle, truck, or pedestrian accidents, you will usually need to prove that the party you are suing was driving negligently. Some examples of negligent driving include:
- Driving under the influence of drugs or alcohol
- Drowsy driving
- Distracted driving
- Speeding
- Other forms of aggressive driving
If you and your brain injury lawyer can prove that the driver who caused your accident was participating in negligent behaviors like these, then they may be held liable for your medical bills, lost wages, and pain and suffering.
Slip and Fall Accidents
Falls are another leading cause of brain injuries. Slip and fall accidents can happen when a property owner fails to keep the premises safe. For example, the owner may have neglected to maintain their property, causing hazards to occur.
You can fight to hold a property owner accountable for this negligence by filing a “premises liability” lawsuit. The following accidents may occur due to improper maintenance:
- You slipped on a wet surface inside a building
- You slipped on ice or snow that should have been shoveled
- You tripped on an uneven surface such as a ramp or sidewalk
- You suffered a head injury on a malfunctioning escalator or elevator
- You were struck by a falling object
Another example of negligence in premises liability involves negligent security. You may have been assaulted on someone else’s property because the owner did not provide adequate security.
Birth Injuries and Medical Malpractice
Your child may also suffer brain injuries during birth if deprived of oxygen. Childbirth can be extremely dangerous to both mother and child, and sometimes it can result in your child suffering lifelong, disabling brain injuries. When this happens, you deserve compensation for the medical bills and pain and suffering this causes.
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How We Can Help After a Brain Injury
After you or your loved one suffers a brain injury, the Strong Arm of Loncar Lyon Jenkins is here for you. Here is how we will fight for you and your loved ones after you are injured by someone else’s negligence.
Building Your Case
First, we will do what it takes to build your case. This means we will thoroughly investigate your accident, looking for evidence that proves that the following apply to your case:
- You were owed a duty of care to be kept safe
- The party you are suing failed to meet this duty through their negligence
- Their negligence was what caused your accident
- Your accident caused injuries and losses
To build your case, we will use evidence, such as photographs, video footage, witness statements, police reports, and medical records. We will then assemble this evidence and present it to the insurance companies or a judge or jury.
Abiding by the Statute of Limitations
If you choose to move forward with a brain injury lawsuit, then your time is limited. According to Texas Civil Practice and Remedies Code § 16.003, the statute of limitations on bringing a personal injury lawsuit is generally two years from the time of the accident.
However, there may be circumstances that impact this time window. You may have more time in which to bring an action. Alternatively, if you are suing a government entity, then you may have a shorter time frame.
So even if you are not sure if you still have time to file a case, contact us to discuss your options. You may fall into one of these special categories that affect the statute of limitations. The sooner you call to learn your options, the sooner we can get started on your case.
Call in the Strong Arm Today
Call (877) 239-4878 today to receive your free consultation and to learn more about how the Strong Arm of Loncar Lyon Jenkins will fight for you after you suffer a brain injury. Our Frisco lawyers are ready to get started on seeking fair compensation for you.
