Austin Brain Injury Lawyer

The Devastating Reality of Traumatic Brain Injuries in Austin

According to the most recent CDC data, there were about 214,110 traumatic brain injury–related (TBI) hospitalizations in 2020 and 69,473 TBI-related deaths in 2021, averaging more than 586 hospitalizations and 190 deaths per day. These estimates exclude TBIs treated only in emergency departments or urgent care settings, as well as those that go unreported.

Brain injuries don't just happen — they're caused by preventable incidents. The consequences can be catastrophic: cognitive impairment, personality changes, physical disabilities, and lifelong medical care needs.

Common Causes of Brain Injuries in Austin

As your Austin brain injury attorney, I've represented clients whose traumatic brain injuries resulted from:

• Motor vehicle collisions: Car crashes, motorcycle accidents, and truck accidents remain the leading cause of severe brain injuries.
• Slip and fall: Common in homes, public places, and workplaces, often leading to serious head trauma, especially among older adults.
• Premises liability incidents: Injuries caused by unsafe property conditions such as poor maintenance, inadequate lighting, or lack of warnings.
• Workplace injuries: Construction accidents, industrial incidents, and falls on job sites.
• Sports-related trauma: Contact sports and recreational activities.
• Violent assaults: Physical attacks causing blunt force trauma or gunshot wounds.
• Medical negligence: Surgical errors, birth injuries, or improper treatment causing brain damage.
• Defective products: Malfunctioning safety equipment or dangerous consumer goods.

No matter how your brain injury occurred, if someone else's negligence caused your trauma, you deserve fair compensation.

Types of Traumatic Brain Injuries I Handle

Brain injuries exist on a spectrum from mild concussions to catastrophic trauma requiring lifelong care:

Mild TBI (Concussions)

Even a mild TBI can cause persistent headaches, memory loss, concentration difficulties, and mood changes that disrupt your ability to work and enjoy life. Don't let insurance adjusters minimize your "minor" concussion. These injuries deserve serious attention.

Moderate to Severe TBI

These life-altering injuries often involve:

• Diffuse axonal injuries: Widespread damage to brain tissue from rapid acceleration or deceleration.
• Contusions: Bruising of brain tissue, causing bleeding and swelling.
• Penetrating injuries: Skull fractures or foreign objects entering the brain.
• Closed head injuries: Impact trauma causing internal brain damage without skull penetration.
• Secondary injuries: Complications like swelling, oxygen deprivation, or infection following the initial trauma.

Severe TBI frequently results in permanent disability, requiring extensive medical treatment, physical therapy, and rehabilitation services.

Recognizing the Signs and Symptoms of Brain Injury

Brain injury victims don't always realize the extent of their trauma immediately. Watch for these warning signs:

Physical symptoms:

• Persistent headaches or migraines
• Dizziness and balance problems
• Vision or hearing changes
• Seizures or convulsions
• Loss of consciousness (even briefly)

Cognitive symptoms:

• Memory loss or confusion
• Difficulty concentrating
• Slowed thinking or processing
• Speech difficulties

Behavioral and emotional changes:

• Mood swings or irritability
• Depression or anxiety
• Personality changes
• Sleep disturbances

If you experience any of these symptoms after a head injury, seek medical attention immediately. Early diagnosis and medical treatment significantly improve recovery outcomes and strengthen your brain injury case.

What Your Austin Brain Injury Lawsuit Can Recover

Under Texas Civil Practice & Remedies Code §41.001 and §74.301, brain injury survivors may seek compensation for both financial and emotional losses caused by another party’s negligence. Depending on the circumstances, additional punitive damages may also apply.

Economic Damages

Economic damages cover the measurable financial costs of your injury, such as:

• Medical expenses: Emergency care, hospitalization, surgery, and prescriptions.
• Future medical needs: Rehabilitation, therapy, and adaptive equipment.
• Lost wages: Income lost during recovery.
• Loss of earning capacity: Reduced ability to work or advance in your career.
• Rehabilitation and physical therapy: Efforts to restore mobility and independence.
• Long-term or in-home care: Nursing assistance or ongoing support for daily living.

Non-Economic Damages

These damages compensate for the intangible effects that impact your well-being:

• Pain and suffering: Ongoing physical pain and discomfort.
• Mental anguish: Emotional distress, anxiety, or post-traumatic stress.
• Cognitive impairment: Memory loss or reduced mental clarity.
• Loss of enjoyment of life: Inability to engage in former hobbies or family activities.

Punitive Damages

Under Texas Civil Practice & Remedies Code §41.003, courts may award punitive (or exemplary) damages when a defendant’s conduct involves gross negligence, malice, or fraud. These damages are meant to punish extreme misconduct and discourage similar actions in the future.

Time Limits for Filing Your Brain Injury Claim

Texas law generally gives you two years from the date of injury to file a personal injury lawsuit. However, certain circumstances may shorten or extend this deadline:

• Cases involving government entities may have notice requirements as short as six months.
• If the brain injury victim is a minor, the statute of limitations may be extended.
• Discovery of latent injuries may affect filing deadlines.

Don't wait to seek legal assistance. Evidence disappears, witnesses' memories fade, and insurance companies use delays against you. Contact an Austin brain injury lawyer as soon as possible to protect your rights.

The Legal Process for Your Austin Brain Injury Lawsuit

Here's what to expect when working with me on your brain injury case:

Free Initial Consultation

We'll discuss how your injury occurred, review your medical treatment, and evaluate the strength of your brain injury claims. This costs you nothing and carries no obligation.

Investigation and Case Building

My legal team immediately begins gathering evidence, consulting medical professionals, and documenting the full extent of your brain damage and future needs.

Demand and Negotiation

I present your personal injury claim to the insurance company, accompanied by comprehensive documentation supporting a fair settlement. Most brain injury cases resolve through negotiation.

Trial Preparation

If the insurance company refuses a fair settlement, I'm fully prepared to file your brain injury lawsuit and take your case to court. My courtroom experience across state and federal jurisdictions means I'm never intimidated by going to trial.