San Antonio Brain Injury Lawyer
If you have suffered a TBI, the Law Firm of Cesar Ornelas will fight for you. Brain injuries are not something that goes away, you are going to have to fight it for the rest of your life. You need to tell yourself that you aren’t alone and that you deserve to get the help you need.
Brain Injury Lawyer in San Antonio Area
Traumatic Brain Injury or TBI is not a new thing. TBI has been around as long as humans have. However, it’s only recently with high-profile cases of athletes and veterans suffering from TBI that the general public started to gain awareness.
Who Gets TBI Brain Injuries?
TBI’s are an insidious injury. You may go your whole life and not realize you have a TBI. Sometimes you only find out because you start to experience cognitive decline and have a lot of problems someone your age shouldn’t have. We are learning now that even children can suffer from TBIs thanks to sports or rough play.
Causes of TBI Brain Injuries
- Explosions – Proximity can cause unseen injury
- Sports – Not just sports with helmets and pads
- Motorcycle Accidents – Even with helmets, TBI is a real threat
- Car Accidents – The leading cause in America of TBI
- Playgrounds – Rough play as well as falling from unsafe equipment
- Falls – Primary cause of TBI among little children as well as senior citizens
- Assault and Battery – Blunt force trauma to the head can occur with everything from being pushed to the ground to being hit over the head
Brain injuries can come from many places but the signs are not as obvious as other injuries. These can include:
- Vomiting and Nausea
- Loss of Vision
- Loss of consciousness
- Severe Headaches
- Slurred Speech
- Weakness in Extremities
Treatment and Therapy Options For TBIs in San Antonio, TX
Anybody who suffers a TBI because of another party’s negligence needs to understand the treatment options available to them. Treatment and therapy options for TBIs can be very costly and may include psychotherapy and physical therapy, neuropsychological assessments, diagnostic studies, regular office visits with neurologists and other medical specialists, medications to help alleviate the effects of the TBI, speech or occupational therapy, rehabilitation center visits, and day treatment programs.
Do as your doctor advises after getting a concussion—typically, that will mean plenty of rest. Steer clear of drugs and alcohol, avoid screens (TV, tablet, phone, laptop), reading, and things like crossword puzzles or other “thinking” games. Concussions that don’t heal properly can cause other problems in the future.
The brain does not have the space it needs to get swollen when it’s injured because it is fully encased in the skull. If your brain swells after you’ve been in a collision, your medical team may have to drill “relief” holes into the skull. Additionally, a shunt can be used to help drain excess brain fluid.
Your doctors should check you for blood clots because they can be associated with brain injuries. When the brain bleeds, the blood has nowhere to go, just like the swelling, so it can pool up inside the skull. This pooling of blood can cause further injury and complications.
While it can be difficult to determine the long-term prognosis for a TBI, medical specialists will often look at many important factors to assess the outlook for a brain injury, including the location and size of the trauma to the damaged portions of the brain, the length, and severity of the loss of consciousness, and the victim’s recovery from the TBI, including whether they can return to work, their social integration, and their family interaction. The general rule in these cases is that more severe TBIs result in longer periods of recovery, and many people are never able to return to their original states.
TBIs Are Not Always Immediately Evident
TBIs are not always immediately evident, which makes the need for medical care after any accident so critical because the sooner you can be diagnosed with a TBI, the sooner you will be able to act to recover compensation for your injury. A TBI claim will be under the same statute of limitations as most other injury claims, meaning that action has to be taken within a specified number of years of the date of the accident, not the date you learned you had a TBI.
The Centers for Disease Control and Prevention (CDC) notes that older adults are much more likely to be hospitalized and die from TBIs compared to all other age groups, but TBIs can be missed or misdiagnosed in older adults because symptoms of TBI overlap with other kinds of medical conditions that are more common with older adults. It becomes incredibly urgent for older adults to get a proper diagnosis because older adults who are using blood thinners such as anticoagulants like warfarin (Coumadin), rivaroxaban (Xarelto), or apixaban (Eliquis) and antiplatelet medications such as clopidogrel (Plavix), ticagrelor (Brilinta), or acetylsalicylic acid (Aspirin) can increase the risk of bleeding in the brain after a TBI and possibly put a person at risk of more severe injury or death.
The Cost of Future Treatment
Trying to figure out what an injury will cost you for the duration of your life is obviously a challenge. To get the most accurate estimate, follow these steps:
- Get a complete diagnosis from a TBI specialist. A full understanding of your injuries is crucial. The specialist should examine you thoroughly, your medical charts and history, do any relevant tests, and consider other factors that may affect your recovery (other diseases you may already have, advanced age, your ability to travel to and from treatments, etc.).
- Seek the opinion of experts. Contact expert witnesses and get their analysis of your case. “Expert witnesses” are medical specialists who are paid to appear in court and give their opinions and expertise on various matters ranging from medical conditions to environmental impact and so on. Reach out to various expert witnesses in order to find the right one for your legal team’s strategy.
- Hire a respected San Antonio brain injury lawyer. A personal injury attorney handles cases like these day in and day out. They will have a fairly accurate estimate, based on experience and expertise, as to what your brain injury case is worth.
TBI Average Lifetime Costs
Did you know…
- A typical visit to the emergency room costs $3,300?
- Seeing a medical specialist costs $250 to $500 per visit?
- Medication, on average, for TBI victims is around $500 per month?
Research indicates that the cost of a traumatic brain injury over the course of a lifetime ranges from $85,000 to $3 million. Not only can you face piles of medical bills, but this is also considering lost income. Even two years after an accident, there is a 60% unemployment rate for those who have suffered serious brain injuries. We are sure to factor in earnings, child care, travel, and related costs when calculating your settlement amount.
Every brain injury is different – and so is every brain injury claim. These are highly personal injuries with varying symptoms and effects on your life. We assess your future costs based on your specific symptoms and future needs. We work with your healthcare providers to ensure we understand your prognosis and how your injury will affect your future.
Reach out now for a free case evaluation so we can get an idea of your injuries and losses.
A Deeper Look at Concussions
You may be surprised to learn that a concussion can be a severe and lasting injury. Many people believe a concussion requires rest for a few days before people can make a full recovery. This certainly is not always the case.
Concussions can have many symptoms that persist for much longer than anticipated and greatly affect your life. Concussions can cause cognitive issues that make it difficult to return to work for some time. In some cases, a victim can develop persistent post-concussive syndrome, which is a serious condition that can last for years and result in many costly losses.
Concussion compensation varies greatly because, like any other TBI, the severity of the injury can vary so greatly. Even if a medical professional diagnoses you with a “mild” brain injury, it refers to your initial symptoms and not to your future injury effects or overall prognosis. Even a seemingly “mild” concussion can plague you for a long time and result in costly losses.
Brain Injury Lawsuit FAQs
Will I need to personally appear in court for my brain injury claim?
Not necessarily. Most cases settle out of court.
Is there a time limit from the time I’m injured until I start my brain injury lawsuit in Texas?
Yes, you only have 2 years (under the “statute of limitations”) to bring forth your claim.
Can I win my brain injury case if I have a pre-existing condition?
Yes, if the accident further injured you, you still have a reason to sue.
Does Texas have a ceiling or limit on brain injury lawsuit awards?
Only punitive damages are capped in Texas brain injury cases. The cap often depends on how much your economic and non-economic losses were worth.
What is the hourly rate and retainer fee for a San Antonio brain injury lawyer?
Personal injury attorneys work on what is called a contingency. This means you pay nothing upfront or along the way. When your lawyer wins your case, he or she will receive a percentage of your award or settlement as compensation.
What can I be compensated for?
Medical expenses, damaged property, lost wages, pain and suffering, and other legal costs (filing fees, etc).
There’s No Risk In Contacting a Lawyer For Help
You have absolutely nothing to lose by reaching out to an injury attorney today. If none of the lawyers you speak to can assist with your case, then, at least, you can rest assured knowing your case is not viable and you explored all your options. If your case is viable, you have nothing to lose by making a few phone calls. Wouldn’t it be nice to know someone else, an experienced, trained professional, is advocating, negotiating, and taking care of business for you? Not only that, but you can focus on resting and recovering while your attorney goes to bat against the insurance company.
Call a San Antonio Brain Injury Lawyer Before It’s Too Late
If these expenses shock you and you want justice for your injuries, you need to contact a lawyer now! According to the CDC, there were over 220,000 TBI-related hospitalizations in a recent year. These injuries can happen to anyone, and you should know where to turn.
If you are a brain injury victim, Cesar Ornelas Injury Law is here to get you the justice you deserve. Contact our offices at 855-956-0086 or click here to get started. También, hablamos español.