Houston Traumatic Brain Injury Lawyer

A traumatic brain injury (TBI) is one of the most serious and life-altering injuries an individual can experience. TBIs can result in significant physical, cognitive, and emotional challenges, impacting every aspect of a victim’s life and their family.

If you or a loved one has suffered a TBI in Houston due to an accident or negligence, our experienced Houston traumatic brain injury lawyers are here to provide the compassionate and skilled legal representation you need to secure the compensation you deserve.

TBIs can disrupt cognitive functions, impair motor skills, and lead to emotional and behavioral changes, profoundly altering your life. At Calhoun Meredith, PLLC, we understand the profound effects these injuries can have. Our dedicated team is committed to securing the compensation you deserve, whether it’s for medical expenses, lost wages, or pain and suffering. 

Call us today at 832-430-6210 for a free consultation to discuss your case and explore your options for financial recovery.

Understanding Traumatic Brain Injuries

Traumatic brain injuries occur when an external force causes damage to the brain. TBIs are classified into three main categories based on severity:

• Mild TBI (Concussion): A mild TBI, or concussion, is often characterized by temporary loss of consciousness, confusion, headache, dizziness, and other mild symptoms. While some concussions resolve quickly, others can have lasting effects.
• Moderate TBI: This type of TBI may result in a longer loss of consciousness, more severe confusion, and physical, cognitive, or behavioral impairments that may last for weeks or months.
• Severe TBI: Severe TBIs involve prolonged unconsciousness or coma and can result in significant and permanent cognitive, physical, and emotional impairments.

Common Causes of Traumatic Brain Injuries

Traumatic brain injuries can result from various accidents and incidents, including:

• Motor Vehicle Accidents: Car, truck, motorcycle, and bicycle accidents are leading causes of TBIs, often resulting from collisions, rollovers, and pedestrian accidents.
• Falls: Slips, trips, and falls, especially among the elderly and young children, can cause severe head injuries.
• Sports Injuries: Contact sports, such as football, soccer, and hockey, can lead to concussions and other TBIs.
• Workplace Accidents: Construction site accidents, falls from heights, and other industrial incidents can result in traumatic brain injuries.

Understanding Traumatic Brain Injuries and Employment Challenges

Traumatic brain injuries occur when the brain experiences sudden trauma due to motor vehicle accidents, falls, or any sudden impact. These injuries can disrupt cognitive abilities, causing memory loss and reduced motor skills.

A head injury can significantly hinder a person’s ability to resume their professional duties and can lead to long-term physical and emotional challenges, including symptoms such as headaches, dizziness, mood swings, or depression.

In some cases, a mild brain injury may also result in similar symptoms, but to a lesser extent. Severe traumatic brain injuries, on the other hand, can have even more devastating consequences on an individual’s life.

The severity of the TBI and its long-term effects, such as the potential for cognitive impairments and a reduction in quality of life, can greatly influence the financial stability of an individual.

Cognitive Impairments and Job Performance

TBIs can result in the following challenges:

• Slower processing and understanding of information
• Difficulty in reading comprehension
• Difficulty in responding to environmental changes
• Difficulty finding the right words
• Difficulty starting or following conversations
• Difficulty comprehending nonverbal communication cues

These challenges can significantly affect an individual’s job performance.

Memory impairments due to TBIs can hinder the ability to:

• Learn and recall new information, leading to difficulties in remembering conversations or even creating false memories
• Analyze information effectively, disrupting decision-making abilities
• Plan and organize, making managing daily schedules or undertaking complex tasks a challenge for TBI victims.

Physical Limitations and Workplace Accommodations

In addition to cognitive impairments, TBIs can lead to severe physical limitations. Individuals with severe TBIs may experience:

• Loss of motor function
• Balance problems
• Weakness
• Fatigue

These physical effects can significantly affect an individual’s ability to perform their job duties, requiring accommodation.

Workplace accommodations for individuals with TBIs can include:

• Modifications to the work environment: For instance, providing a quiet workspace can help reduce distractions for individuals with TBIs, allowing them to focus better and process information more efficiently.
• Modifications to work schedules: Allowing flexible hours or part-time work can accommodate the fatigue and need for frequent breaks, helping individuals manage their energy levels throughout the day.
• Addressing physical effects such as reduced motor skills and fatigue: Ergonomic office equipment, such as adjustable chairs and desks, can help alleviate physical strain and improve comfort for those with motor skill impairments.
• Memory deficits or the need for physical assistance: Utilizing tools like digital reminders, planners, and task management apps can assist individuals in keeping track of their responsibilities and deadlines, thereby enhancing their productivity and reducing the risk of forgetting important tasks.

Vocational rehabilitation counselors specialize in modifying workplaces to address these challenges. Implementing these accommodations is critical for enabling individuals with traumatic brain injuries to continue their employment and manage their health challenges effectively.

Emotional and Behavioral Changes Impacting Work

TBIs can also lead to emotional and behavioral changes that can significantly impact work relationships and overall job performance. Memory loss, emotional regulation, and mood changes can be impacted by a TBI. These changes can create difficulties in professional interactions and can influence an individual’s ability to function in a workplace environment.

In cases of TBI claims, mental health expert testimony is often used to illustrate the emotional and psychological effects of the injury. This can help provide a clearer picture of the full impact of a TBI on an individual’s life and work. If a traumatic brain injury (TBI) substantially limits major life activities, such as work, it can be considered a disability under the Americans with Disabilities Act (ADA).

This highlights the importance of recognizing and accommodating individuals with TBIs in the workplace.

Are Employers Legally Required to Accommodate Someone with a TBI?

Yes, under the Americans with Disabilities Act (ADA), employers are legally required to provide reasonable accommodations to employees with a traumatic brain injury (TBI) if the injury substantially limits one or more major life activities, including work.

The goal is to enable the employee to perform essential job functions without causing undue hardship to the employer. Failure to provide reasonable accommodations can result in legal consequences for the employer, making it crucial for both parties to engage in an interactive process to determine suitable accommodations.

Steps to Take Immediately Following a TBI That Affects Your Work

Following a TBI, it’s important to obtain immediate medical care for proper assessment and treatment of the injury. Prompt diagnosis and treatment can help mitigate the long-term effects of a TBI.

Before agreeing to any brain injury settlement, it’s recommended to discuss the long-term economic implications of the TBI on your work capacity with a lawyer. A traumatic brain injury lawyer from Calhoun Meredith, PLLC can provide invaluable guidance and help you.

Legal Rights and Compensation for TBI Victims in Houston

In Houston, victims of these head injuries are entitled to seek compensation for the following damages:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering

Compensation should encompass all damages faced by the victim and their family, both currently and in the future. However, the path to securing such compensation can often be complex and daunting in a traumatic brain injury lawsuit.

It is necessary to:

• Prove how the injury occurred
• Identify the responsible parties
• File a claim within the two-year statute of limitations for personal injury actions in Texas

Dealing with these legal requirements can be challenging, especially while managing the physical and emotional aftermath of a TBI. This is where the role of a TBI attorney becomes invaluable.

Attorneys handling traumatic brain injury cases in Houston play a significant role by conducting extensive investigations, consulting with medical experts, and negotiating with insurance companies to maximize compensation. At Calhoun Meredith, PLLC, we are equipped with the knowledge and resources to guide you through this process and ensure your rights are protected.

Workers’ Compensation and Traumatic Brain Injuries

Workplace accidents are a common source of TBIs, with falls being the most frequent cause. Industries such as construction, oil rigs, maritime operations, and manufacturing pose significant risks due to falls from heights, heavy machinery, and falling objects.

Healthcare workers and those in the transportation and retail sectors also face TBI risks from patient handling incidents, vehicle collisions, and slips and falls. In the hospitality industry, kitchen staff and servers can suffer head injuries in busy, fast-paced environments.

Overall, any workplace with potential physical, environmental, or mechanical hazards can be a source of TBIs. Proper safety measures, training, and awareness are vital in mitigating these risks and protecting workers.

In such cases, workers’ compensation can cover medical expenses and lost wages for TBIs sustained in the workplace. Employers can be held liable if a traumatic brain injury occurs in the workplace, and workers may be entitled to compensation.

TBI Claims in Houston

Understanding TBI claims in Houston involves the legal aspects, including the statute of limitations, comparative negligence rules, and compensation types. The statute of limitations for personal injury claims in Texas, including those for TBIs, is two years from the date of the injury. If this deadline passes, the injured party loses the right to sue for compensation.

In addition, Texas law incorporates the comparative negligence rule, which can reduce compensation if the injured person is found to have contributed to the accident, barring recovery completely if they are more than 50% at fault.

Compensation for TBIs can include non-economic damages, determined by the jury, and based on the specific details of each case.

Knowing these legal considerations and the timeline for reaching a settlement in a TBI case is crucial when seeking compensation. Consulting with a Houston TBI attorney soon after the injury is essential to receive personalized legal advice and ensure the protection of your rights.

Securing Your Financial Future Post-TBI

At Calhoun Meredith, PLLC, we understand the profound impact a TBI can have on your life and livelihood. We are dedicated to securing your financial future post-TBI by building strong, evidence-based cases, negotiating with insurance companies, and working on a contingency fee basis.

Building a Strong Evidence-Based Case

Our team is dedicated to amassing extensive evidence to bolster your case. To establish the extent of your TBI, we collect medical evidence such as:

• CT scans
• MRI scans
• X-rays
• Diagnostic tests

We also draw on testimonies from medical experts, like neurologists and neuropsychologists, to provide evidence of the TBI’s impact.

In addition, we make use of ‘before and after’ witnesses to illustrate the changes in your life due to the TBI. Our Traumatic brain injury attorneys compile comprehensive evidence, including eyewitness testimony and medical reports, to support the injury’s impact and use these details during insurance negotiations to ensure fair compensation.

Negotiating with Insurance Companies

We understand the challenges involved in dealing with insurance companies. Insurance companies often employ tactics to reduce settlement amounts. We protect our clients from being taken advantage of by sticking to the facts and not accepting blame.

Our experienced attorneys manage all communication with insurance companies, craft strategies to negotiate fair settlements and stand ready to fight in court if necessary. We counsel our clients to exercise patience, reject insufficient offers, and aim for equitable compensation.

No Settlement, No Fees – Our Promise to You

We understand the financial pressure you may be under following a TBI. That’s why we operate on a contingency fee model. This means that you are not required to pay upfront fees when enlisting our services for a brain injury case.

Our commitment ensures that clients are not charged unless we successfully secure a settlement or verdict. This model aligns our success with your financial recovery.

Contact Our Houston TBI Lawyer for a Free Consultation

If you or a loved one has experienced a TBI that has affected your ability to work, we encourage you to contact Calhoun Meredith, PLLC for legal guidance and support. Call us today at 832-430-6210 to start the process of seeking the compensation you deserve.

Frequently Asked Questions

Can I claim compensation if the TBI was my fault?

In Texas, the comparative negligence rule allows for compensation even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you will not be eligible for compensation.

How long does it usually take to settle a TBI claim?

The duration to settle a TBI claim can vary significantly depending on the complexity of the case and the willingness of the parties to reach an agreement. Some cases may settle within a few months, while others may take years if they go to trial. It’s important to consult with your attorney to get a realistic timeline based on the specifics of your case.

What type of medical documentation is needed to support a TBI claim?

To support a TBI claim, you will need comprehensive medical documentation, including CT scans, MRI scans, X-rays, and diagnostic tests. Detailed medical records from your healthcare providers outlining the diagnosis, treatment, and prognosis are also crucial. Testimonies from medical experts such as neurologists and neuropsychologists can further substantiate the impact of the TBI on your life.

Can I receive compensation for emotional distress caused by a TBI?

Yes, compensation for emotional distress can be included in your TBI claim. Emotional distress encompasses the psychological impact of the injury, such as anxiety, depression, and mood swings. Documenting these effects through medical records and mental health expert testimony can strengthen your claim.