Dallas Brain Injury Lawyers2021-07-23T18:45:46+00:00

Brain Injury Attorneys in Dallas Texas

What kind of brain injuries end in legal action toward damage compensation in Dallas Texas?

Brain injuries occur in different ways, through acquired brain injury resulting from medical problems including strokes and tumors, but also from traumatic brain injuries that include outside trauma either through medical treatment of the brain, or from sports accidents, motor vehicle crashes, and work-related mishaps, where victims experience a blow to the head, penetration of a foreign object, severe shaking of the head, and through whiplash.  Individuals can recover from both types of brain injuries with specialized care, but they may experience residual deficiencies that lead to the inability to continue with previous employment, or activities of daily living. Assistance from brain injury attorneys in Dallas TX at the Cooper Law Firm may be required to prove that another person’s negligence caused the brain damage, enabling accident victims to recover the necessary compensation to address life changes that may be long lasting, or permanent and include specialized treatment, housing, and career retraining in cases where residual disability is not too severe.

Delayed brain injury treatment.

When brain injuries are not treated in a timely fashion and in accordance with the current standard of care available, delayed medical treatment may increase the possibility of long term brain damage, coma, or death.  When victims suffering brain injury, or their loved ones feel that an accident, or  medical negligence caused a brain injury, they should seek legal counsel for guidance in Dallas Texas.

Elements of medical negligence for brain injury.

Building a case for a brain injury will be contingent on the type of injury and resultant damages, and how they impact the future of an accident victim and their loved ones. A competent personal injury attorney in Dallas can be instrumental in proving medical negligence when the brain injury was caused by medical treatment predicated on four elements including:

  • Duty – When a doctor and a patient establish a professional relationship, the doctor has a responsibility to provide a duty of care relevant to current medical practice standards in each medical field.
  • Breach of duty – Doctors take the Hippocratic Oath that obliges them to provide the best treatment possible to patients. If they do not fulfill that duty they are in breach of that relationship.
  • Injury – Injury, or causation of actual harm caused to a patient by a health care provider, including actual cause and proximate cause. The harm must be directly related to the doctor’s failed duty of care with resultant injury.
  • Damages – Consist of the monetary compensation for the harm caused by a doctor’s negligence. In order for a medical malpractice case to stand up in court, the injury or harm caused must be able to be remedied by money.

Lawyers who are building a winning strategy for a medical malpractice case, must prove all of the elements of negligence.  It is also important for medical experts to review medical records and provide independent examination of the brain injury claimed in the action.  A Dallas brain injury attorney can be instrumental in medical malpractice, or accidents that result in brain injury.

Accidental brain injury.

Blunt trauma is a serious type of head injury that can occur in an automobile accident when a moving head strikes a stationary object like the windshield.  It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.

Damages.

When a Dallas brain injury attorney is successful with insurance carrier communications, a claim award may address the losses that include expenses for  medical treatment, future medical expenses, changes in life expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection.  Negligent acts that result in harm, or injury to other persons are at the root of Texas personal injury litigation in pursuit of economic, and non-economic damages.  In addition, Texas law allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was found to be reckless, intentional, egregious, and harmful, resulting in the injury, or wrongful death of a person.

Legal action after brain injury..

Brain injury lawyers at The Cooper Law Firm in Dallas have the experience to research all relevant accident and malpractice laws with a focus on each unique case, and can digest that information in support of a case, while tracking governmental agency and court filing timelines relevant to comprehensive award judgments.

Workers’ compensation.

When a person experienced a brain injury that is job-related, they should hire the services of a workers’ compensation attorney in Dallas Texas who can assist with a claim for monetary damages. Injuries may be caused by an accident, or conditions associated with the workplace environment itself.  A brain injury attorney in Dallas will act as an intermediary with the Texas Workers’ Compensation Claims Division on a client’s behalf.

Car Insurance and injury payments.

An accident scene investigation will have to be undertaken to ascertain if there were outside contributing factors that led to the single car crash, in which case there may be other responsible parties who would have to contribute to damage compensation.  Purchasing liability car insurance is the simplest and most common way people choose to meet Texas drivers’ requirement where individuals have a responsibility for any injury caused to themselves, or others, either willfully, or by accident.  Traumatic brain injury may require long term rehabilitation and expensive medical care that may go beyond a driver’s insurance policy coverages.  Families may have to make major life changes including the cessation of employment to care for injured accident victims.  A brain injury attorney can help victims navigate their way through insurance claims for costly head injuries resulting from a car accident.

Cooper Law Firm
N. Eric Cooper
Address: Dallas, TX

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/docs/TN/htm/TN.550.htm

https://www.txdot.gov/inside-txdot/division/traffic/law-enforcement/crash-records.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm

https://www.tdi.texas.gov/wc/index.html

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html

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