Our Dallas brain injury attorneys represent injured clients and those who have lost loved ones to fatal injuries. We are always willing to take cases to trial, and we could do that if a brain injury harms you or a loved one.

What Determines If My Brain Injury Case Will Go to Trial?

From the simplest perspective, your case may require trial if liable parties do not offer a fair settlement. Liable parties may be less willing to offer fair financial compensation if your damages are expensive. 

Some factors that can cause a particularly expensive brain injury include:

The Type of Brain Injury

The Centers for Disease Control and Prevention (CDC) classifies brain injuries into three general categories:

• Mild brain injury
• Moderate brain injury
• Severe brain injury

There are other subcategories of brain injury, such as penetrating and non-penetrating injuries. It is the severity of your injury, however, that may determine the cost of your injury-related damages. 

The Victim’s Age

BMC Neurology suggests that older victims may have more difficulty recovering from a brain injury. While age can make it more challenging to overcome your injury, younger victims can suffer severe symptoms from a brain injury. 

Whether the Injury Is Disabling or Fatal

StatPearls explains that moderate and severe brain injuries can be disabling or fatal, though milder brain injuries are often not. If your brain injury is disabling, you may:

• Need long-term medical treatment, which can be very expensive
• Need extensive rehabilitation services
• Require in-home caregiver services or may need one or more loved ones to care for you
• Endure pain and suffering from the disabling injury 

If your loved one suffered a fatal brain injury, you can request monetary compensation for economic and non-economic damages that may require a large financial settlement. An injury attorney can help you with a wrongful death claim that usually involves filing a lawsuit.

If the negligent parties in your case are unwilling to provide fair compensation, trial may become the only acceptable action. 

The Severity of the Victim’s Pain and Suffering

Pain and suffering is common among brain injury victims, but each victim may experience vastly different types of pain and suffering.

Some brain injury victims may recover relatively quickly and not experience severe pain. Others may experience severe physical pain, a long recovery timeline, and other suffering. Those who endure severe pain and suffering may deserve more compensation, and their case may be more likely to go to trial.

The Types of Medical Care You Need for the Injury

While most forms of medical care are costly, some are particularly expensive, including:

• Emergency medical transport
• Hospital stays
• Surgery 

These and other high-cost medical care can increase your settlement demands and ultimately lead your case to court.

Reasons to Hire a Brain Injury Lawyer to Represent You

There are several reasons to hire a brain injury lawyer to represent you and fight for the resolution of your brain injury case. Some top reasons include the following:

• The ability to take your case to trial: You should be able to go to trial if necessary. Without a lawyer, you may be unable or unwilling to file a lawsuit or complete a trial. Our personal injury attorneys have trial experience and will prepare your case for trial from the outset. 
• The importance of your recovery: Your brain injury requires your complete attention. If you let a lawyer from our team handle your case, you can free up more time to focus on your health.
• The experience a personal injury lawyer provides: Our firm’s familiarity with filing claims and lawsuits and completing settlement negotiations and can help your case.
• The complexity of brain injuries: Brain injury cases can be especially complicated, as these injuries can cause a complex array of symptoms. We will retain medical experts to assist in your case, and our lawyers are also familiar with the medical and human aspects of brain injuries.

Our firm prides itself on helping brain injury victims recover, and we strive to do that by providing the financial recovery you need for medical care and other damages. 

Contingency Fees Are Another Reason to Hire a Lawyer from Our Team

Our firm accepts injury cases on a contingency fee agreement, which ensures every brain injury victim can hire our team without financial concern. We:

• Don’t require an upfront payment when you hire us for your brain injury case.
• Pay for any filing fees, expert fees, and other case-related expenses.
• Receive our attorney fee for legal representation only if we secure financial compensation from you.

We make it easy and cost-effective to get legal help after a brain injury.

Recoverable Compensatory Damages in Brain Injury Claim Cases

Our attorneys will seek compensation for:

• Medical care
• Pain and suffering (emotional distress, emotional anguish, post-traumatic stress disorder or PTSD)
• Loss of income and diminished earning power
• Rehabilitation services
• Mental health treatment (therapy, counseling)
• Loss of consortium
• Loss of companionship
• Loss of enjoyment of life
• Impaired quality of life
• Other related intangible losses

We will also include any other monetary damages you’ve suffered in our settlement demands or court case.

Call Loncar Lyon Jenkins Today for a Free Consultation for a Brain Injury Case

We may have a deadline for resolving your brain injury case, so do not wait to contact our team. When you want to seek justice for a serious injury, call in the Strong Arm. 

We will guide you through the legal process and help you pursue monetary recovery, whether it is an insurance settlement agreement or a court-ordered award. Call Loncar Lyon Jenkins today for your free consultation. 

The post Do I Need to Go to Court for Resolution of My Brain Injury Case? appeared first on Loncar Lyon Jenkins.

Many traumatic brain injuries (TBIs) carry lifelong consequences that could require costly medical treatment, which is often compounded by a person’s inability to return to work. According to the journal Brain Injury, only 40% of individuals with brain trauma are able to return to work in the two years following their injury. If you suffered a TBI through no fault of your own, the following elements must be met in order for you to recover compensation.

Element 1: Establish a Duty of Care

Every traumatic brain injury claim must begin with establishing a duty of care. Ultimately, the defendant will only face liability for a brain injury claim if they owed the injured party a duty of care. The existence of these duties is hotly contested in some cases and hardly at issue in others.

Under certain circumstances, the duty of care in a brain injury case is often not difficult to prove. The most prominent example involves brain injuries that occur in motor vehicle accidents. Every driver has a duty to operate their vehicle in a safe manner. If your TBI occurred during a car accident, proving duty of care could be a straightforward task.

There are other cases where the existence of a duty of care is highly disputed. This is often the case when injuries occur on the property of another person. The duty to protect a visitor can vary, and it is often subjective.

Element 2: Prove the Duty was Violated

Proving that the defendant owes a duty of care is only the first step in the process. To recover compensation for a brain injury, a plaintiff must also show that there was a breach of this duty. Typically, whether or not the duty of care was breached is a central question in a traumatic brain injury claim.

Whether or not a breach occurred will largely depend on the facts surrounding an injury. A breach can involve any act that is careless, reckless, or intentional. If this act resulted in another person’s injury, it could be an example of a breached duty of care. Some examples of a breached duty of care could include:

• Driving while intoxicated
• Making an error during brain surgery
• Failing to repair a loose handrail
• Reckless driving
• Violent assaults

Element 3: Provide a Causal Link

Your traumatic brain injury could lead to monetary compensation from the responsible party. That said, you will only be able to recover damages for those injuries that are directly tied to the breached duty of care. This element of negligence is referred to as causation.

Without a causal link between the actions of the defendant and a brain injury, monetary compensation will not be available. For example, injuries that occurred prior to the breached duty of care cannot be included in a traumatic brain injury claim.

Element 4: Prove Your Damages

The final step in proving negligence in a traumatic brain injury case is proving damages occurred. Given that these damages are tied to the severity of the injury, establishing damages for a brain injury might not be challenging. However, a successful claim will require a plaintiff to prove the amount of damages they are owed.

Often, defendants in these cases will admit liability but make the case that the damages caused were minimal. A plaintiff could pursue a claim for damages including lost wages, pain and suffering, medical costs, and disability expenses, among other things.

Our Attorneys Can Help You Pursue Monetary Compensation for Your Brain Injury Claim

Brain injuries are complex, and the same is true for pursuing a legal claim for compensation for a brain injury. If you have questions about the elements needed to prove negligence in a brain injury claim, the team with Loncar Lyon Jenkins is ready with the answers.

Loncar Lyon Jenkins offers free consultations for all brain injury claims. This consultation provides you with the chance to ask any questions you might have and receive a thorough evaluation of your claim. To discuss your case in detail, get a free consultation by calling today.

The post What Elements Are Needed to Prove Negligence in a Brain Injury Claim? appeared first on Loncar Lyon Jenkins.

If you were injured as a result of someone else’s negligence, we can help you seek compensation for a number of costs and losses associated with your injury.

Recovery Time for Traumatic Brain Injuries

When it comes to traumatic brain injuries, recovery time can range dramatically. For some people, the symptoms of head trauma might only last a few hours or days. On the opposite end of the spectrum, certain conditions could last a lifetime.

The speed of recovery can vary for these injuries as well. However, according to the University of Alabama at Birmingham, there are a few noteworthy trends among patients recovering from a TBI:

• Victims of a concussion are likely to recover within a few months, if not sooner.
• Those who experience a moderate TBI are expected to regain most of their brain function. However, the various forms of therapy required and a patient’s access to those therapies all play a role in determining the exact timeline of their recovery.
• Severe TBIs can leave victims with a range of prognoses, largely depending on the amount of time the victim was in a coma and where the trauma occurred.

While there may be noticeable trends among survivors, the rate of recovery from a TBI varies significantly among individual people. Everything from concurrent health conditions to social support systems can affect someone’s ability to fully recover from the effects of a traumatic brain injury.

Factors That Impact Brain Injury Recovery Time

According to information from the National Academies Press, a variety of factors can extend or shorten the recovery time for a traumatic brain injury. In combination with the severity of a survivor’s TBI, these factors often alter the recovery time for these injuries.

Concurrent Injuries

Not all traumatic brain injuries are isolated. In many cases, a person that suffers from a TBI will also suffer a series of other severe injuries at the same time. These concurrent injuries could worsen the effects of a TBI or limit a doctor’s ability to treat the brain injury immediately.

A Lack of Social or Family Support

Those with strong family and social support networks often show positive recovery outcomes. Family and social support systems can help survivors of TBIs access needed care, plan for therapy goals, and translate physical therapy skills into the home and living environment.

Genetic Variation

Genetic factors could play a part in determining how long it takes to address and treat a brain injury. Certain genes could make an individual more susceptible to severe cognitive issues stemming from brain trauma.

The Compensation You Could Seek After a TBI Injury Due to Negligence

Whether your brain injury symptoms clear up in a matter of weeks or follow you for the rest of your life, you could be entitled to seek a monetary award from the person that caused your injury.

We can help you seek compensation for the following:

• Medical care. TBIs can be especially costly to treat, sometimes requiring months or years of physical therapy. You could recover compensation for surgeries, rehab, ER visits, medications, and more.
• Lost income. This could reflect both your previous income lost as a result of your injury and your future challenges to earn income.
• Pain and suffering. TBIs can cause significant suffering in a victim’s life. Compensation could be available to help you address these challenges.

We Can Help You Gather Evidence to Strengthen Your Case

Pursuing these claims can be challenging given the complex nature of a brain injury. We can help you with the following aspects of your case:

• Determining the value of your losses
• Determining liability
• Handling communication and negotiation with an insurance company
• Taking your case to court, if needed
• Gathering evidence of your injuries
• Collecting expert testimony, if needed
• Ensuring your case meets the state’s statute of limitations

We Can Help You Prove Which Party was Liable for Your TBI

Depending on how your TBI was caused, someone else may be liable for your accident and injuries. We can help you pursue compensation from the following negligent parties:

• A driver
• A truck driver or trucking company
• A property owner
• A construction contractor
• A dog owner
• The manufacturer of malfunctioning equipment

Call in the Strong Arm Attorneys for Help with Your Brain Injury Claim

We can help you understand how long it takes to recover from a brain injury and how much compensation you are entitled to seek in the aftermath.

To get started with your claim, contact the Strong Arm. Call Loncar Lyon Jenkins for your free consultation right away.

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