San Antonio Brain Injury Attorneys
Did Your Or A Loved One Suffer A Traumatic Brain Injury?
Wyatt Law Firm helps people who have suffered life-changing brain injuries through the negligent acts of others. We work together with our clients to help them recover adequate financial compensation to cope with the financial and emotional toll a brain injury can take.
Contact a brain injury attorney at Wyatt Law Firm for a free evaluation of your case.
We seek maximum compensation for people throughout Texas and the nation, including the cities of San Antonio, Dallas, Houston, Austin, Laredo and Corpus Christi.
Treatment Following A TBI
Since brain injuries can cause permanent disability, treatment can last a lifetime. It is difficult to make a complete recovery after a TBI, but certain treatments can help restore certain functions and make daily life more manageable for patients.
Treatment for brain injury patients often includes:
- Diagnostic imaging (ex: CT scans)
- Rehabilitation (ex: occupational therapy)
- Counseling and support groups
- Daily living aids (ex: wheelchair, home nurse, etc.)
Potential Compensation For Brain Injury Victims
Traumatic brain injury victims could be entitled to a number of different claims for damages following a wrongful injury, including both economic and noneconomic losses. Economic losses are those damages that can be quantified, such as medical expenses, while noneconomic damages deal with losses that are difficult to measure monetarily, such as pain and suffering. Texas tort reform has placed a cap on noneconomic damages available for a plaintiff to recover in medical malpractice cases.
Some of the compensation you may be able to recover under include:
- Cost of Medical Expenses
This would cover the cost of medical expenses past, present, and future in connection with the wrongful injury.
- Loss of Enjoyment of Life
People living with brain damage resulting from an act of negligence could claim loss of enjoyment of life due to the diminished ability to enjoy daily activities.
- Loss of Earning Capacity
A brain injury may prevent a person from ever being able to work for an income again. Loss of earning capacity is an economic damage that calculates an individual’s potential earning capacity from the time of injury to the time of anticipated retirement and can be affected by factors such as the plaintiff’s age, overall health, and their occupation.
- Loss of Consortium
Consortium refers to the benefits and comforts of marriage. A brain injury may limit or completely diminish the ability for marital comfort, companionship, and assistance.
- Pain and Suffering
It can be difficult to assign a dollar value to suffering, but that is what a plaintiff is attempting to do with a pain and suffering claim. Factors considered include: the extent and severity of the injury, how much pain it caused (emotionally and physically), and how long the pain/suffering is expected to continue in the future.
- Attorney’s Fees
It can be important in a personal injury claim for the plaintiff to ask for attorney fee compensation. Because most personal injury lawyers compute their fee as a percentage of the total recovery, asking for attorney fee compensation attempts to remove the risk of attorney fees cutting into the client’s monetary reward for physical and emotional pain.
- Punitive Damages
Punitive damages act as a form of discipline to hold the defendant accountable for their negligent act or omission. These are not awarded in every case.
A concussion can affect a person’s physical health, cognitive abilities and emotional condition for many weeks or months. The effects can be unpredictable, and concussion victims need to be monitored long after the accident that caused the initial injury.
At Wyatt Law Firm, we have experience in cases involving Grade 1, Grade 2 and Grade 3 concussions, as well as post-concussion syndrome. Our attorneys are conscience-driven, dedicated to helping injured people and their families recover physically, financially and emotionally.
Our attorneys are fully-versed in medical science concerning concussions and other types of brain injuries. This enables them to explain difficult medical concepts in terms that jurors can understand. We use a variety of visual aids to help us in this task, including three-dimensional depictions of MRIs. A 3-D MRI allows us to demonstrate exactly how an injury has affected a person’s brain in understandable terms. We do not hesitate investing in these and other visual aids, because they can smooth the path to a good recovery.
Some personal injury lawyers are schedule-driven when placing a value on their clients’ losses — this much money for a fractured skull and that much for a concussion. We do not take that approach. Instead, when composing our demand letter, our brain injury lawyers look at the totality of our client’s losses and suffering — including the loss of physical function, loss of earning power, and emotional suffering.
Long after a person has recovered from a concussion injury, the symptoms of concussion can persist. Physical symptoms can include headaches and neck pain, dizziness, sensitivity to light, nausea and motion sickness. Patients may experience memory problems and difficulty in concentration. They may also suffer emotional problems such as depression, anxiety and irritability.
The persistence of concussion symptoms after brain recovery indicates a related but distinct type of brain injury called post-concussion syndrome (PCS). Medical science is still unraveling the mysteries of PCS and much about the syndrome remains to be learned. But PCS is real and it can dramatically affect the physical, cognitive and emotional state of people who suffer from this condition.
Wyatt Law Firm in San Antonio is dedicated to helping injured people get the medical care, rehabilitation services and compensation they need to rebuild their lives.
San Antonio Traumatic Brain Injury FAQs
Some of the most common accidents in the United States—car crashes and falls—are also the leading causes of traumatic brain injuries (TBIs). This complex and serious medical condition often results in unseen symptoms that dramatically impact daily life. From personality changes to blindness, San Antonio claimants often ask Wyatt Law Office’s dedicated TBI attorneys these questions. Discuss the unique answers to these questions in your brain injury case for free by calling us today.
Q. How can I tell if I suffered from brain trauma in an accident?
Sudden concussions often result in blackouts, confusion, and memory loss. Many claimants don’t even remember hitting their heads or didn’t blackout.
Seek immediate medical treatment if you begin experiencing these brain trauma symptoms:
- Lost consciousness/blackouts
- Memory loss and confusion
- Dizziness and blurry vision
- Head pain, headaches, and migraines
- Visual bleeding, bumps, or bruising
- Sudden vomiting and nausea
- Light and sound sensitivity
- Unexplained anxiety, depression, or irritability
These symptoms indicate the accident victim experienced at least mild head trauma. Symptoms may worsen in the hours or days following the accident, which could indicate a more serious brain injury or potential swelling.
The signs of moderate and severe brain trauma frequently include:
- A few minutes or hours of lost consciousness
- Sudden confusion, irritability, and personality changes
- Extreme and worsening headaches
- Slurred speech, incoherent sentences, and difficulty communicating
- Clear fluid dripping from the nose
- Numbness or weakness in extremities
- Inability to fall asleep or wake up
- Memory problems
- Sensory loss, such as blindness or deafness
Claimants should always seek medical attention if they experienced an accident, including falls, tackles, or car crashes, and present with any of the above symptoms.
Q. Can I recover compensation if I only suffered a mild brain injury?
When doctors discover brain trauma, they initially diagnose the TBI as mild, moderate, or severe. These labels are used for diagnostic purposes only and do not necessarily reflect the serious nature of your injury or prognosis. Even initially mild TBIs, such as concussions, can have fatal complications and lasting effects. If you are diagnosed with any brain injury, from mild to severe, watch for long-term symptoms of:
Post-concussion syndrome (persistent post-concussive symptoms) – Most mild concussions resolve within a few weeks or months.
However, claimants experiencing these persistent symptoms might have developed this frustrating condition:
- Light and noise sensitivity
- Irritability and anxiety
- Difficulty concentrating
- Memory loss
- Headaches and migraines
- Insomnia and fatigue
- Sensory changes (blurry vision, ringing in the ears, and taste/smell deficits)
Claimants often return to work in the week following mild concussions but find that these symptoms begin interfering with their career and home life. Always monitor for signs of this secondary syndrome and seek continued treatment. An attorney may help you recover needed compensation for cognitive and occupational therapy.
Brain bleeding and swelling (hypoxic and anoxic brain injuries) – In the days and hours following even mild TBIs, brain bleeding may result in sudden swelling. This swelling compresses the brain within the skull, cutting off its oxygen supply. Brain cells begin dying after only 4 minutes without sufficient oxygen and may cause irreparable brain damage. Brain injuries present at birth often resulted from oxygen loss and associated medical malpractice.
Second impact syndrome – This fatal condition occurs when the injured claimant experiences another traumatic brain injury while recovering from the first. In the ten days following the initial concussion or head trauma, the brain releases specialized chemicals. Triggering another release during this vulnerable period often causes irreparable brain damage and immediate death. Athletes have the highest risk of developing second impact syndrome.
Epilepsy (post-traumatic seizures) – TBI patients may experience mild seizures after the initial injury, and about 25 percent of these patients continue suffering from seizures in the months and years following their accidents. These epileptic seizures require continuous medication and medical treatment. Most epileptic patients cannot drive, operate heavy equipment, or engage in previously enjoyed activities.
Many claimants can recover substantial compensation for the life-altering impact of concussions and other seemingly mild brain injuries. Connect with the experienced San Antonio brain injury lawyers at Wyatt Law Firm to discuss your condition.
Q. What are the most common causes of brain trauma in San Antonio?
According to the CDC, the leading causes of brain trauma differ by age group. Elderly Americans and young children most frequently suffer from fall-related brain injuries. These generally occur due to caretaker abuse or neglect. Such cases often support nursing home/private nursing liability or school district/preschool liability. Attorneys might help these claimants and/or families demand compensation in premises liability or general negligence lawsuits.
For younger teenagers and student-athletes, car and recreational sports accidents frequently cause traumatic brain injuries. Older teens and adults often suffer from life-altering TBI in car crashes and physical assaults. Paula Wyatt and her team of dedicated TBI lawyers might help claimants recover damages, including potential punitive damages, in many of these cases.
Q. Can I demand damages for a family member or friend suffering from a disabling TBI?
Many devastating brain injuries result in comas, vegetative states, or the substantial loss of cognitive function. If the claimant cannot meaningfully participate in the legal process, an attorney may help loved ones petition for legal guardianship. This process generally gives the guardian authority to file litigation on behalf of the injured claimant, helping the claimant recover essential compensation for long-term medical care and treatments. The state might even appoint guardians on behalf of severely disabled claimants.
Likewise, next-of-kin might work with TBI counsel at Wyatt Law Firm to bring wrongful death litigation. Serious brain injuries often result in sudden death, especially after car accidents, or fatalities following comas. Provided the death resulted from the initial head trauma, Texas law generally allows spouses, parents, and children of the deceased to bring litigation. Estate administrators might file a wrongful death case if these family members decline to file litigation within three months.
Q. How long does it take to recover from brain trauma after an accident?
This depends on the severity of the brain injury and any secondary conditions. Mild concussion symptoms generally resolve after a few weeks or months. Claimants experiencing any lasting symptoms, including personality changes, headaches, and depression, might have suffered more serious damage. Moderate TBI may resolve within a few months or years, depending on the area of damage and treatment plan.
The damaged area generally dictates available treatments and your overall disability. For example, injuries to the back of the head may damage the occipital lobe and cause visual impairment. Injuries to the front of the head, containing the frontal lobe, may impact personality and mood.
Because the brain is extremely complex, claimants may require advanced cognitive therapy. This often involves contacting San Antonio neurologists or even traveling to specialized brain injury centers. Sometimes health insurers refuse to cover these out-of-state therapies or treatments, leaving claimants struggling with medical and travel expenses.
Most severe brain injuries result in death or permanent loss of cognitive function.
Long-term disabilities can include:
- Vegetative state
- Brain death
- Locked-in syndrome
These conditions generally require 24/7 in-patient care costing families hundreds of thousands each year. Even claimants who partially recover from severe brain trauma often cannot live independently. Our compassionate San Antonio head injury lawyers might help families recover damages to cover needed treatments and caretaker expenses.
Q. How can I estimate the long-term damages associated with severe brain injuries?
Claimants suffering from moderate or severe brain trauma often require years of specialized care. These injuries may impact their independence, career, and overall mental health. It’s difficult to speculate on the full extent of your damages, which is why experienced TBI lawyers often retain expert assistance.
Expert neurologists, occupational therapists, and economics have ways of estimating the claimant’s lifetime financial needs following serious trauma. These calculations often account for advancing therapies, medical equipment, nursing care, independent living assistance, and lost career opportunities.
Eligible San Antonio brain injury claimants may recover both past and future damages associated with the trauma, but they must do so within the applicable statute of limitations. This often means making settlement demands or filing litigation while the claimant undergoes continuous treatment. For this reason, it’s essential to work with experts to ensure liable defendants and insurers understand the full extent of your financial demands.
Q. What is the value of my San Antonio TBI case?
Some mild TBI cases, including those involving concussions without associated complications, settle in the five to six-figure range. Because more severe traumatic brain injuries often cause serious life-changing impairments, such injury cases might settle in the six or seven-figure range. Your settlement amount depends on your direct damages and future needs, including your anticipated treatment costs and lost income.
Serious brain injuries often result in permanent disabilities, death, and/or complete loss of life’s enjoyment. These cases often command high-value damages, but most claims settle within applicable insurance policy limits. An experienced TBI lawyer at the Wyatt Law Firm might help claimants estimate their case’s overall value and expected settlement. We’ve recovered nearly $10 million for one of our clients who died from a traumatic brain injury—and nearly half a billion dollars for our injury clients overall.
Q. How long does it take to recover compensation after suffering a traumatic brain injury?
The average case can take time to settle, but the complexity of brain injury cases often requires additional damage calculations and analysis. An attorney’s help can mean that mild TBI cases without associated complications will settle efficiently, and for far more money. The same is true for extremely serious TBI cases. When an accident causes a life-altering brain injury, insurance companies may agree to pay out the applicable policy after accepting liability.
For example, Texas only requires drivers to carry $30,000 of bodily injury insurance, which seldom covers more than a few months of in-patient treatment. The liability adjuster will likely offer this sum quickly, and an attorney might seek additional compensation from other sources. Moderate traumatic brain injury cases, including claims involving secondary syndromes, often take longer to settle. It’s difficult to determine the claimant’s prognosis and calculate the full extent of their damages in such cases. Insurers often lowball San Antonio brain injury claimants, as adjusters want victims to accept enticing settlements and waive any remaining claims. These tempting offers often leave victims without necessary treatment funds if they don’t recover as anticipated. It’s important to speak with local brain injury counsel about any insurance offers before waiving your TBI claims.
Q. How much does it cost to hire dedicated TBI counsel in San Antonio?
Experienced brain injury lawyers know that injured claimants can seldom afford legal fees on top of their lost wages and medical expenses. As such, Paula Wyatt and her TBI lawyers generally work on a contingency fee basis. This means we don’t get paid unless you recover compensation. Our firm will front all necessary expert witness expenses and court costs to help maximize the value of your claims.
If we win or settle your case, our lawyers typically take a percentage of your recovery as our fee. This percentage may vary based on the case complexity.
Here’s an example of how a contingency fee works:
- Initial settlement offer: $50,000
- Accepted TBI settlement: $1 million
- Attorney’s fee: 40 percent of $1 million = $400,000
- Remaining balance = $600,000
- Legal expenses & expert costs = $35,000
- Medical and other liens = $50,000
- Client take home amount = $515,000
Clients are intimately involved in the negotiation of any settlement amount, and our experienced attorneys can help claimants understand the realistic take-home value of their traumatic brain injury claims.
We understand that no amount of compensation can restore the life you once enjoyed. It can, however, help you and your family fund the treatments you need to recover and regain as much independence as possible. At Wyatt Law Firm, our dedicated TBI lawyers fight to hold liable individuals and corporations responsible for life-changing brain injuries. Even spouses might obtain specialized damages for their emotional and economic losses after devastating accidents. Call us at our San Antonio office for your free traumatic brain injury case analysis.
No Recovery, No Fee. Call Wyatt Law Firm Today
If you or someone you love sustained a serious brain injury, traumatic brain injury (TBI) or other type of brain damage in an accident, you may be able to recover financial compensation. We do not charge our clients attorney fees unless we secure a recovery on their behalf. To learn more about your legal rights and options, contact a brain injury attorney at Wyatt Law Firm today.
Wyatt Law Firm, PLLC
21 Lynn Batts Lane, Suite 10
San Antonio, Texas 78218