Suffering a brain injury can have a dramatic impact on your life, affecting your health, career, and well-being. If you’re in Texas and dealing with the aftermath of a brain injury, understanding the settlement process is crucial. These settlements can provide the financial relief needed to cover extensive medical bills, lost wages, and ongoing rehabilitation.
But how much can you realistically expect from a brain injury settlement in Texas? This blog sheds light on the key factors that influence settlement amounts, legal considerations unique to Texas, and how you can maximize your compensation.
Understanding Brain Injuries and Their Impact
Brain injuries range from mild concussions to severe traumatic brain injuries (TBI) that result in long-term impairment. Below are the most common types and their potential consequences:
Types of Brain Injuries
- Concussions: Often caused by blunt force trauma; may result in short-term cognitive and physical issues.
- Contusions: A bruise on the brain tissue that can lead to swelling and surgical intervention.
- Penetrating Injuries: Caused by an object piercing the skull; these often require emergency surgery and long-term care.
- Diffuse Axonal Injuries (DAI): Typically caused by severe shaking or strong rotational forces, leading to widespread damage across the brain.
The Impact of Brain Injuries
- Physical Impairments: Such as difficulty walking, loss of coordination, or chronic headaches.
- Cognitive Challenges: Including memory loss, difficulty focusing, or reduced problem-solving abilities.
- Emotional Effects: Depression, anxiety, and mood swings are common after brain injuries.
- Financial Strain: Between sky-high medical bills and lost income, the financial burden can be overwhelming.
These wide-ranging effects make it essential for settlements to address both current and future needs.
Factors Affecting Settlement Amounts
Several factors influence the amount you can expect from a brain injury settlement. Here are the key considerations:
1. Medical Expenses
The cost of medical treatment is often the largest part of any settlement. According to data, the average cost of treating a severe TBI in Texas can range from $85,000 for initial care to over $3 million for long-term rehabilitation and care.
2. Lost Income and Future Earning Potential
Settlements typically compensate for wages lost due to the injury. Additionally, if the injury compromises your ability to work in the future, your settlement may include compensation for lost earning potential.
3. Non-Economic Damages
Beyond the numbers, the law considers the emotional and psychological toll of brain injuries. Pain, suffering, and loss of enjoyment of life are examples of non-economic damages that can significantly increase settlement amounts.
4. Comparative Fault in Texas
Texas follows the “modified comparative fault” rule. This means if you’re found partially at fault for the injury, your settlement will be reduced by your percentage of fault. For instance, if you’re 20% responsible for a car accident, your $1,000,000 settlement may drop to $800,000. However, if you’re more than 50% at fault, you won’t receive compensation.
Legal Considerations in Texas
There are key legal factors you need to be aware of when pursuing a brain injury claim in Texas:
1. Statute of Limitations
Under Texas law, you have two years from the date of the injury to file a personal injury claim. Missing this deadline generally forfeits your right to compensation.
2. Expert Witnesses
Brain injury claims often rely on expert testimony to establish the severity of the injury and its impact on your life. Neurologists, accident reconstruction specialists, and vocational experts can all strengthen your case.
3. Caps on Non-Economic Damages
While economic damages (like medical bills) aren’t capped in Texas, some cases, such as medical malpractice claims, may face limits on non-economic damages. For example, non-economic damages in medical malpractice cases are capped at $250,000 for individual providers.
Examples of Brain Injury Settlements in Texas
To give you an idea of what to expect, here are real-life examples of brain injury settlements in Texas:
- Motor Vehicle Accident
A Texas resident suffered a severe TBI due to a car crash caused by a negligent driver. The settlement covered medical costs, lost income, and ongoing rehabilitation, totaling $1.2 million.
- Workplace Injury
An employee sustained a brain injury at a construction site due to unsafe working conditions. The settlement addressed medical bills, disability benefits, and retraining costs, amounting to $900,000.
- Premises Liability
A customer suffered a brain injury after slipping and falling in a poorly maintained store. They received $750,000 to cover medical care, pain and suffering, and diminished quality of life.
- Product Liability
A defective product caused a consumer to sustain a severe brain injury, leading to a settlement of $1.5 million, which included compensation for long-term care and punitive damages.
How to Maximize Your Settlement
Achieving the best possible settlement requires careful planning and professional guidance. Here’s how you can optimize your claim:
1. Hire an Experienced Attorney
A skilled personal injury lawyer can negotiate on your behalf, gather evidence, and ensure you meet all legal deadlines. Attorneys also often have networks of expert witnesses to strengthen your case.
2. Document Everything
Maintain a detailed record of your medical treatments, expenses, lost workdays, and emotional challenges. Strong evidence can dramatically boost your settlement.
3. Don’t Settle Too Quickly
While a quick offer might seem tempting, it likely undervalues your claim. Wait until you understand the full extent of your injury and its long-term impact.
Get the Compensation You Deserve
Brain injuries are life-altering, but a well-negotiated settlement can help ease the financial and emotional burden. By understanding the complexities of Texas law and working with a trusted legal professional, you can secure the compensation you need to rebuild your life.
If you or a loved one has suffered a brain injury, now is the time to act. Consult with an experienced attorney in Texas to explore your options and protect your rights.
