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A traumatic brain injury (TBI) can be extremely difficult for you and your loved one. Such a life-altering injury to the brain not only affects the injured but can also cause uncertainty and fear for their loved ones. On top of that, if the injured person has dependents such as elderly parents or children, it can further take a financial toll on everyone involved.

If you or someone you love suffered from a TBI and you believe someone else’s negligence caused it, you may be able to recoup some of your financial losses by pursuing a traumatic brain injury lawsuit.

Our Texas traumatic brain injury attorneys at Kirkendall Dwyer LLP know that a TBI has the potential to alter your and your family’s lives in significant ways. It is possible that you may need all the help getting proper care and support for you and your family as you adjust to the new challenges you may face after surviving a devastating injury. We are here to guide you on how you may go about filing a lawsuit against those potentially responsible for your TBI injury and accident. You can reach out to us for a free legal consultation to learn more.

What are Traumatic Brain Injuries?

A traumatic brain injury is typically caused by a fall or violent blow to the head. A serious TBI may cause severe damage such as seizures, loss of coordination, memory issues, and other long-term complications.

There are two broad categories of TBIs: open (penetrating) and closed (non-penetrating). A penetrating injury involves an open wound due to the penetration of a foreign object, e.g. a bullet. On the other hand, a non-penetrating injury is caused by indirect impact to the head without the entry of a foreign object, e.g. whiplash injury or a severe blow to the head.

According to the Centers for Disease Control (CDC), TBIs affect how the brain works, and are a chief cause of death and disability in the U.S. Unfortunately, some groups such as people living in rural areas, are at higher risk for suffering a TBI or generally having a worse health outcome after a brain injury.

What are the Main Causes of Traumatic Brain Injuries in Texas?

Every year, TBIs cause nearly 1.5 million deaths in the country. There are numerous causes of TBIs in the U.S. and in Texas in particular. Some of the most common ones include:

Slip and Fall Accidents

Slip and fall accidents are the leading cause of TBIs, accounting for nearly half the total percentage of such injuries. This is concerning because it means small, daily tasks such as a quick trip to your local grocery store where the staff had neglected to clean up a wet floor or walking down the stairs with a broken railing could result in a life-threatening or fatal injury.

It may be difficult to prove negligence in slip and fall cases, which is why it is important you seek the guidance of an experienced team of lawyers if you want to pursue compensation from the negligent party responsible for your injury.

Motor Vehicle Accidents

Traffic accidents account for approximately 14% of TBIs. While these may include all-terrain vehicle accidents and motorcycle accidents, passenger car and truck accidents are the most common type of motor vehicle accidents in the country. Apart from cars, bikes are also commonly associated with TBIs in Texas.

Distracted and/or careless driving, failing to obey traffic signals, and driving while under the influence of intoxicating substances can all lead to a motor vehicle accident that leaves someone with a traumatic brain injury.

Workplace Accidents

A workplace is required by law to impose a certain standard of care, which includes a safe and clean work environment for the employees. However, if an employer breaches its duty of care and negligently creates an unsafe work environment ultimately resulting in a TBI, you may be entitled to recover compensation from your employer by filing a workers’ compensation claim and/or a personal injury lawsuit. Examples of workplace accidents include Texas oil field accidents, oil rig explosions, equipment failure due to non-compliance with safety practices, falls from heights, and other dangerous conditions.

Blunt Trauma

Blunt trauma to the head accounts for about 16% of traumatic brain injuries. Blunt trauma TBIs may occur when an object falls on your head or you receive a blow to the head in a violent assault. Such kind of impact may be mild, moderate, or severe, depending on the circumstances surrounding the injury.

If you are suffering from a traumatic brain injury due to the negligence of another party, such as a contractor who failed to provide you with proper safety equipment on the job or a speeding motorist that crashed into you, you may be entitled to compensation for your losses. A successful lawsuit can help you obtain money needed for medical bills and associated expenses, as well as for pain and suffering.

Texas Traumatic Brain Injury Statistics

Children and older adults are the most vulnerable groups when it comes to TBIs. In 2019, approximately 16,070 children between the ages of 0-17 were hospitalized for a traumatic brain injury in the U.S. In 2020, there were 2,774 TBI-related fatalities among this age group. Adults 75 and older made up 32% of all TBI hospitalizations in 2019.

The Brain Injury Association of America, an advocacy organization for people with traumatic brain injuries, reports that more than 144,000 Texans suffer TBIs every year and over 5,700 will be permanently disabled. Additionally, 2% of the state’s population lives with a TBI-related disability. The Texas Traumatic Brain Injury Advisory Council estimates that a Texan sustains a TBI every four minutes, is hospitalized with a TBI every eight minutes, and is permanently disabled every 80 minutes.

What are the Common Symptoms and Side Effects Associated with TBIs?

There are several symptoms associated with TBIs. Depending on the severity of the case, these may include:

  • Loss of consciousness
  • Persistent vomiting
  • Seizures
  • Clear liquid draining from the nose and ears
  • Dilated pupils

If you are experiencing any of these symptoms, you should immediately go to the nearest emergency department at a hospital.

TBIs may present complications long after the initial accident occurs. Some of the common side effects include problems maintaining balance, trouble walking, struggling to communicate or express yourself, personality changes, and debilitating cognitive deficits. Sadly, the long-term side effects have the potential to end a professional career and do irrevocable damage to interpersonal relationships.

Contact Our Texas Traumatic Brain Injury Lawyers Today

A traumatic brain injury can have a life-changing effect on you and your family. You may have several questions about the condition that may be causing you stress, anxiety, and other mental health issues, in addition to the physical effects. Will I be able to return to work? Can I drive my kids to school? Will memories of my previous life before my TBI ever come back? What will happen to my family if I need round-the-clock support or care for the rest of my life?

Our Texas traumatic brain injury lawyers can help you pursue compensation for your injuries against a negligent party, such as a drunk driver, an irresponsible employer, or a manufacturer of defective equipment. Kirkendall Dwyer LLP is a team of compassionate attorneys who serve as powerful allies to our clients. We have the experience and focused determination to work hard for you during this uncertain period and help you pursue the justice you seek. Contact us today.