If you suffered a traumatic brain injury in an accident and someone else was at fault, the Houston personal injury lawyers of Kherkher Garcia, LLP might be able to help. Accident victims are often entitled to financial compensation from the negligent individual or business who caused the accident. You should not be forced to pay for your medical bills if your injuries weren’t your fault. We could represent you in your case and seek the financial award necessary to get the treatment you need so you can move forward with your life.
A traumatic brain injury can lead to lifelong complications. Even if your visible scars heal, you could be left with impairments or disabilities that affect your daily life. Many people require household assistance and can’t return to work because of their physical or mental limitations. Disabilities such as these cause significant stress and can result in massive debt while you’re attending doctor’s appointments and paying for those expensive medical costs.
At Kherkher Garcia, LLP, our team of Houston traumatic brain injury lawyers can investigate the accident, gather the necessary evidence, and negotiate with the insurance company for a fair settlement. If they’re unwilling to settle, we could file a lawsuit to seek the financial award you need.
We have over 100 years of combined legal experience representing accident victims in personal injury cases. Traumatic brain injuries are serious. We know the physical, mental, and financial strains associated with these injuries and want to put you on the best path to recovery.
Contact Kherkher Garcia, LLP for your free consultation with a dedicated and experienced Houston traumatic brain injury attorney. Our legal team will be your advocate during this difficult time and fight for the justice you deserve. Call us today at (713) 333-1030.
- Why Hire Kherkher Garcia, LLP?
- What is a Traumatic Brain Injury?
- Common Causes of Traumatic Brain Injury
- Possible Compensation You Could Recover in a Personal Injury Case
- Take Immediate Legal Action Following a Traumatic Brain Injury
- Texas Laws You Should Know During a Lawsuit
- Filing a Lawsuit for the Death of a Loved One
- Let Kherkher Garcia, LLP Investigate the Accident
- Traumatic Brain Injury Frequently Asked Questions
- Contact Us
Why Hire Kherkher Garcia, LLP?
The worst mistake a person could make after getting hurt in an accident is choosing not to pursue an insurance claim or lawsuit. You might seek treatment but decide that hiring a lawyer is too much of a hassle. You’re likely worried about the financial cost of retaining legal services when you’re already forced to pay for doctor bills. Adding more expenses to your plate can be a challenge.
At Kherkher Garcia, LLP, we believe that every accident victim deserves quality representation and services no matter what. That’s why we take cases on a contingency fee basis. You don’t have to worry about upfront fees or costs when you hire us. We won’t expect payment unless we secure an insurance settlement or favorable jury verdict for you. If we lose your case, we will never charge you.
Suffering a traumatic brain injury can be a devastating experience that leads to chronic pain, immobility, and a range of expenses you can’t afford. We know the burden you’re facing, and you won’t have to go through this alone. Our legal team will use all the resources at our disposal to build your case and find the evidence we need to prove who should be accountable for the accident. We have a thorough knowledge of state laws and legal procedures and always put this to good use in our clients’ cases.
Kherkher Garcia, LLP has been representing Houston clients for over 30 years. We know what it takes to get the job done. We’re not afraid to fight against the insurance company for the settlement you’re owed to compensate for your losses. If necessary, we can litigate your case and stand up for your rights in court. We take these matters seriously and always bring our best efforts to reach a positive result for those wronged by others.
Our lawyers can help
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) often occurs when there’s a violent jolt or blow to a person’s head or body. Impalement injuries, such as flying debris entering the brain through the skull, can also result in a traumatic brain injury. Severe TBI causes physical damage to the brain, such as torn tissue, bruising, and bleeding. A mild injury might disrupt your brain cell function, but only temporarily.
The symptoms you can experience with TBI will depend on the severity of your circumstances. Signs of a mild traumatic brain injury are:
- Vomiting or nausea
- Problems with memory or concentration
- Light or sound sensitivity
- Mood changes
- Trouble sleeping
- Blurry vision
- Trouble with speech
- Loss of balance
- Confusion, disorientation, or loss of consciousness
With moderate to severe traumatic brain injury, common symptoms you can experience include:
- Slurred speech
- Worsening or persistent headache
- Loss of coordination
- Profound confusion
- Repeated nausea or vomiting
- Sustained loss of consciousness
- Agitation or unusual behavior
- Seizures or convulsions
- Numbness or weakness in the toes and fingers
- Inability to wake up after sleeping
Traumatic brain injuries fall into various categories, depending on the type of damage and affected area of the brain. They include:
- Contusions – This is bruising of the brain. Swelling and bleeding can occur inside the brain at the site of impact.
- Intracranial hematoma – A hematoma is a collection of blood outside the brain. It can cause pressure to build up and press against the skull, resulting in permanent brain damage.
- Ischemia – Cerebral ischemia happens when blockages in arteries restrict blood flow to the brain. This causes damage to brain tissue and can lead to brain cell death and ischemic stroke.
- Cerebral edema – Fluid develops in the brain, causing it to swell. The increased pressure on the skull can reduce blood flow and decrease the amount of oxygen received by the brain. Cerebral edema can be fatal if left untreated.
- Skull fracture – A break in the skull can disrupt brain function and lead to pressure, bleeding, or leaking spinal fluid.
- Diffuse axonal injury – Connected brain cells can tear or twist during violent movements, such as sudden stopping or rotational forces. This affects different parts of the brain and can result in a coma.
- Hydrocephalus – An injury to the brain can cause fluid to build up in the ventricles, leading to immense pressure.
- Hypoxia and hypotension – Hypoxia can occur when the brain doesn’t get the oxygen it needs to function normally. Hypotension results from lower than usual fluid pressure inside the brain. These conditions frequently occur immediately after the injury takes place.
If you’re suffering from a traumatic brain injury due to an accident someone else caused, you should contact Kherkher Garcia, LLP for a free consultation. We can review the circumstances of your case and determine who should be held liable for your medical treatment and other expenses.
Common Causes of Traumatic Brain Injury
Accidents happen every day. Whether you take a fall on a freshly mopped floor or hit your head on the steering wheel during a car crash, you could sustain significant brain injuries that require immediate medical care. If you don’t seek treatment, you could end up with permanent brain damage that reduces your quality of life and causes a range of medical complications.
The most common causes of TBI include:
- Slip/trip and fall accidents
- Motor vehicle accidents
- Occupational hazards
- Defective products
- Falls from heights
- Construction accidents
- Being struck by something
- Penetrating injury
- Malfunctioning machinery
- Swimming pool accidents
- Being pinned under something heavy
If another person or a business was negligent and their actions or inaction caused your traumatic brain injury, you could benefit from the assistance of an experienced Houston traumatic brain injury attorney. One of the best decisions you can make is to seek legal representation from Kherkher Garcia, LLP. If you attempt to handle this matter alone, you’ll likely face obstacles you don’t know how to overcome and end up with much less compensation than you deserve.
Possible Compensation You Could Recover in a Personal Injury Case
After any injury, especially a traumatic brain injury, you probably need to see your doctor and start a treatment plan. Recovering after a traumatic brain injury can be a long process. If you become disabled, you’ll probably continue to receive medical bills long after your case ends. The compensation you receive should cover your past and present expenses and any costs you might incur in the future. If you can no longer work or need time off to heal, you could lose the wages necessary to pay household expenses.
The Houston traumatic brain injury lawyers of Kherkher Garcia, LLP will explore every option to recover the financial award you deserve to compensate for your accident-related losses, such as:
- Lost wages
- Loss of future earnings
- Past and future medical costs
- Permanent impairment or disfigurement
- Damage to personal property
- Loss of household services
- Pain and suffering
- Loss of consortium
- Mental anguish
It’s your right to seek compensation for your past and future losses. You can recover them in an insurance claim or lawsuit. The circumstances of your case will determine which option would be better. For some people, it makes sense to file an insurance claim first to see if they can reach a settlement with the insurance company. For others, it becomes necessary to file a lawsuit if the insurance company denies the claim.
Take Immediate Legal Action Following a Traumatic Brain Injury
No one ever plans to be in a catastrophic accident that causes significant physical harm. If you’re in shock, it’s impossible to think clearly or make good decisions. When it comes to personal injury cases, it’s crucial that you take immediate action after an accident and continuously follow specific steps in the months and years that follow. If you’re proactive after a traumatic brain injury, you can protect your rights to compensation.
One of the most critical actions to take if you suffer a TBI in an accident is to see a doctor. You can visit your primary care physician or go to the emergency room. However, you shouldn’t wait that long before your initial medical evaluation. Your doctor will need to evaluate your condition and determine the appropriate treatment. If you don’t see anyone until weeks or months after the accident, the insurance company could use that as evidence that you didn’t get hurt and deny your claim.
If your doctor recommends any follow-up treatment, listen to their instructions. They might suggest imaging tests, prescription medications, physical therapy, or another type of treatment to heal your injury. Don’t skip appointments or allow significant gaps in between them. You must treat with all of your medical providers regularly until you recover.
It would also be a good idea to hire a Houston traumatic brain injury attorney. It can be overwhelming when you have to contend with intimidating insurance companies, confusing paperwork, and strict deadlines. You’re already dealing with a debilitating injury and don’t want to have the responsibility of handling a personal injury case. Kherkher Garcia, LLP aims to relieve your burden by taking over the process so you don’t compromise your health.
We have the resources to locate evidence that can prove who was responsible for your injury. However, you should also maintain records related to the case. You should forward any document you receive to us, whether it’s from your doctor or the insurance company. We can review it to determine if it’s something we can use. It might provide useful information to prove negligence.
It’s essential to navigate an insurance claim or lawsuit carefully. One mistake, such as missing a filing deadline, could cost you thousands of dollars in compensation you would have received if you followed the procedure correctly. Since brain injuries can disrupt a person’s thinking, memory, or speech, you might struggle with certain aspects of managing your case.
Below are some of the most common pitfalls that accident victims encounter. If you don’t avoid these, you could end up walking away without the compensation you deserve.
Don’t admit fault. Some accident victims believe it’s necessary to discuss what happened with the other people involved. Unfortunately, if you say the wrong thing, a jury could use your words against you later. Proportionate responsibility is a Texas statute that diminishes a plaintiff’s monetary losses by their percentage of shared fault. If a jury finds that your actions contributed to your injury, they could reduce your financial award. For example, if you suffered $100,000 in losses but were 20 percent to blame for the accident, you could only seek up to $80,000. If you’re more than 50 percent at fault, the statute will prohibit you from pursuing any amount of compensation.
Don’t discuss your case online. Insurance companies and defense attorneys will look at public social media accounts for evidence they can use against an accident victim. If you post anything incriminating, it gives them what they need to withhold compensation or dismiss your case. For example, if you claim that your TBI prevents you from participating in anything physical, but you post a video of yourself playing a sport, they might assume you lied about the severity of your injury.
Don’t speak with the insurance adjuster. The insurance adjuster will likely contact you shortly after you file your claim. They want to discuss the accident, your injury, and other details about your case. Although you might think you’re being helpful by providing the information they need to investigate, you increase the risk of saying something that works in their favor. Your Houston traumatic brain injury attorney can communicate with the insurance company on your behalf.
Don’t sign any documents. You should always consult your lawyer before completing the paperwork the insurance company or defense attorneys send to you. Some of the language is confusing, and if you don’t understand what you’re signing, you could waive your rights to the maximum available insurance coverage.
Texas Laws You Should Know During a Lawsuit
If you want to file a lawsuit in Texas, you will have to follow a statute of limitations. This is the timeframe after an accident that you have to initiate legal action against the at-fault party. The two-year statute of limitations for personal injury cases means you have two years from the date of your injury to file suit. Once the deadline passes, you can’t seek compensation in a lawsuit.
However, there are two exceptions to the Texas statute of limitations. You could potentially delay the timeframe if you can prove one of these factors exist:
- You were under 18 years old when the accident occurred. The two-year timeframe would begin when you turn 18.
- You were of unsound mind when you were injured. The clock will only start if you gain mental competency.
Various losses are recoverable in a lawsuit. You can also seek exemplary damages. Instead of compensating your losses, such as medical bills or mental anguish, this financial award is meant to punish the defendant for their misconduct. You are only eligible for exemplary damages if you can provide the jury with clear and convincing evidence of the defendant’s gross negligence, fraud, or malice.
Leading Causes of TBI
- Motor Vehicle Accidents
- Struck by/against
Number of Emergency Room Visits by Age
Filing a Lawsuit for the Death of a Loved One
Wrongful death is a death that occurs because of the default, neglect, wrongful act, carelessness, or unskillfulness of an individual, corporation, or multiple parties. An adult, a minor, or an unborn child can be the subject of this type of case. If someone caused your family member’s traumatic brain injury and subsequent death, you have the right to pursue compensation in a wrongful death lawsuit.
A wrongful death lawsuit differs from a criminal case. When you sue someone for their negligent actions, you’re seeking monetary compensation. The civil court judge or jury can enter a judgment requiring the defendant to pay a specific amount of money to cover your losses. If you’re pursuing criminal charges against someone, the state or prosecutor files the lawsuit and seeks a guilty verdict for the defendant to serve time in jail or pay a fine.
Only three specific family members can file a wrongful death suit. A surviving spouse, child, or parent, or more than one, can initiate legal action for the death of their loved one. If you don’t file suit within three months of your relative’s death, the estate administrator or personal representative can pursue a case unless you request them not to.
The compensation available in a wrongful death lawsuit in Texas is meant to compensate surviving family members for the losses they suffered due to their loved one’s death. These losses could include:
- Lost inheritance, including anything the deceased would have earned if they were still alive
- Loss of earning capacity
- Mental pain and anguish endured due to the death
- Loss of comfort, companionship, society, and love
- Lost services, care, advice, support, and counsel provided by the deceased
You must file your lawsuit within two years of the date your relative died if you want to recover compensation from the at-fault party.
Let Kherkher Garcia, LLP Investigate the Accident
At Kherkher Garcia, LLP, our Houston traumatic brain injury lawyers have experience investigating accident cases and gathering evidence to hold negligent parties accountable. You won’t have to worry about any aspect of an insurance claim or lawsuit when you have us in your corner. We will take over everything, so you only have to focus on healing.
Consultation. The first thing we’ll need to do is discuss the circumstances of the accident. During your free consultation, we will review all the information you provide and determine whether we can take your case.
Incident/police report. Police reports are common when there’s a car crash. The investigating officer typically writes a report with their findings and opinion on who was at fault. We can request a copy of it to use as evidence in your case. If your injury resulted from a fall at work, we could request a copy of the incident report you filled out for your employer.
Find witnesses. We’ll locate crucial witnesses that saw what happened and get their statements. If we’re preparing for trial, we can call those witnesses to the stand to testify under oath or take their depositions.
Evidence from the scene. We can visit the scene of your injury to collect evidence. If you hit your head on the ground after tripping over a pothole, we can take a picture of it. If you were in a car wreck and there’s property damage, skid marks, or debris left on the road, we can take photos.
Video footage. There might be footage from a traffic camera or security camera. We can request a copy of that footage to watch how the accident unfolded.
Medical records. We can talk to your doctors about your treatment and request copies of their office notes and other documents. We will also need to obtain your medical bills and copies of invoices or receipts for other costs to estimate the value of your case.
Traumatic Brain Injury Frequently Asked Questions
Suffering a traumatic brain injury is upsetting and can lead to various problems. You need guidance to get you through this traumatic ordeal. We have answered some of the most common questions we receive from accident victims. At Kherkher Garcia, LLP, we want you to prepare for your case adequately so you’re not faced with roadblocks that you don’t know how to handle.
- Duration of the recovery period
- Permanent damage due to the injury
- Total costs associated with the case
- Estimated cost of necessary treatment in the future
- Psychological trauma experienced from the accident
- Type and severity of the injury
- Disruptions to daily life, such as spending time away from work to heal
- Amount of available insurance coverage
The Houston traumatic brain injury lawyers of Kherkher Garcia, LLP are ready to take on the careless individual or company that caused your TBI. You won’t be alone while we’re building your case. Our legal team is available 24/7 to take your call. You can reach us when you need us, so you don’t have to wait long for a callback.
A traumatic brain injury can upend anyone’s life. It doesn’t only cause physical problems but can also interfere with your brain’s normal function. If you end up with physical or mental impairment, you might not be able to live the same life you had before the accident. It becomes a daily struggle to push through the pain and debilitating symptoms that come with the injury.
Kherkher Garcia, LLP provides compassionate and aggressive representation whether your case is big or small. Even the most complex cases don’t stand in our way. We’re willing to fight until the end to meet your needs. Our team will tirelessly work to recover the compensation necessary to get your life back on track.
If you were involved in an accident that resulted in a traumatic brain injury, contact us immediately for a free consultation. One of our Houston traumatic brain injury attorneys can begin working on your case and seek the justice you deserve. Call now at (713) 333-1030.