McKinney Brain Injury Lawyer

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A brain injury is one of the most serious forms of damage that a person can sustain. While some brain injuries occur due to a medical event, others happen because of trauma—often due to someone else’s negligence. If someone else’s actions caused your brain injury, you need an attorney on your side.

In these situations, the McKinney brain injury attorneys at Carew Garcia Bohuslav Law, PLLC can help. Our lawyers know how to navigate these complex cases and will work tirelessly to secure the highest possible settlement in your insurance claim or lawsuit.

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Why Choose Our McKinney Brain Injury Attorneys

  • Our lawyers have over 20 years of personal injury experience. We are dedicated to helping McKinney brain injury victims get justice.
  • In the past five years alone, our attorneys have successfully settled or litigated over 250 personal injury claims. We’ll build a compelling case in your favor using our skills, knowledge, and resources.
  • Our firm believes that winning a brain injury lawsuit is in the details. We will explore all possible avenues to recovery so that you can secure the compensation that you deserve.

What Is a Traumatic Brain Injury?

The brain is one of the most important organs in the body. It is responsible for controlling many of the functions essential for daily activities, including speech, memory, concentration, emotional regulation, and movement.

A traumatic brain injury (TBI) is type of acquired brain injury, meaning it is not present at birth. TBIs occur when you sustain damage to the brain, leading to a number of physical and psychological complications. It can range from mild, temporary damage to brain cells to severe, life-threatening injuries due to bruising, swelling, bleeding, and other serious damage to the brain.

Some signs of TBI appear immediately after the traumatic event, but people do not experience symptoms for hours or even days afterward. Some of the most common symptoms of TBI include the following:

  • Headaches
  • Fatigue
  • Nausea and vomiting
  • Sensitivity to light or sound
  • Loss of consciousness
  • Dizziness
  • Loss of balance
  • Slurred speech
  • Memory loss
  • Difficulty concentrating
  • Difficulty sleeping
  • Weakness or numbness in the extremities

The Process of Recovering From a Brain Injury

Because brain injuries are so varied in type and severity, the recovery process is unique for each individual. Some brain injuries are so severe that they cause death. Others cause permanent impairment. Other injuries may heal to varying degrees and at varying rates. Even when two people suffer a very similar injury, their recoveries may be different and take place on dissimilar timelines. However, many significant brain injuries roughly follow the following pattern of recovery:

  • Coma: the person is unconscious and unable to respond, communicate, or show any emotional response
  • Vegetative state: the person has sleep/wake cycles and functioning reflexes, and may make some movements, but cannot communicate or make purposeful movements
  • Minimally conscious state: The injured person regains partial consciousness and may make purposeful movements such as reaching toward objects. They have inconsistent responses but may be able to answer yes or no to basic questions
  • A confusional state with impacted memory, disoriented behavior, agitation, restlessness, and frustration
  • Increasing mental and physical function which slowly improves over time

Most people recovering from a brain injury require ongoing care for months or even years, including at-home care for about 30% of injury victims.

Physical therapy, speech therapy, and occupational therapy can help to maximize recovery but some brain-injured victims never return to full function.

Recovering Compensation for a Brain Injury in McKinney, TX

Brain injuries can have a significant impact on your day-to-day life. You may require permanent medical care and disability accommodations. You may be unable to return to your old job or return to work altogether. In addition to the financial impact, a brain injury can take a major toll on your physical and psychological health.

In these situations, you deserve justice. When a person or entity causes a brain injury, you could file a lawsuit or assert an insurance claim against the at-fault party and recover compensation for the damages that you suffered.

The lawyers at Carew Garcia Bohuslav Law, PLLC can help you hold the defendant accountable and secure the settlement that you deserve. We will leverage our skills, resources, and experience to build a strong case for your right to compensation and prove the negligent party’s liability. When you hire one of our detail-oriented attorneys, you can rest assured that our firm will fight to protect your best interests.

What Damages Are Available in a Texas Brain Injury Claim?

Brain injury lawsuits allow you to recover compensation for the damages that you suffered because of your injury. You can secure a settlement to pay for financial losses, as well as your physical and emotional pain and suffering.

Below are a few examples of damages that you could claim in a Texas brain injury lawsuit:

  • Past and future medical expenses
  • Mobility equipment
  • Modifications to your home or vehicle
  • Lost wages and a loss of future earnings
  • Rehabilitation and physical therapy
  • Property damage that occurs in the accident
  • Physical pain and suffering, such as permanent disability
  • Emotional pain and suffering, such as mental anguish and depression

After a brain injury, it can be difficult to assess the full extent of your damages. However, accepting a low settlement can lead to significant financial hardship in the future. Our McKinney brain injury lawyers can help you calculate your potential award.

We’ll explore all possible avenues to compensation and consult with expert medical witnesses who can help determine your long-term care costs. Then, we will evaluate any settlement offers that you receive and negotiate with insurance companies for your highest possible settlement.

Common Causes of Brain Injuries

Brain injuries are typically caused by a blow or bump to the head, damaging the organ inside of the skull. They may also occur when an object penetrates the skull during an accident. Any type of brain injury can lead to life-threatening complications.

Many accidents can result in a brain injury:

If someone else is responsible for your accident, you could file a lawsuit or insurance claim against him or her. For example, if you develop a TBI in a car accident, you could pursue a claim against the driver who caused the crash by working with a Texas personal injury lawyer.

Common Types of Head Injuries

With nearly 2 million head injury-related emergency room visits in the U.S. each year, head injuries are not uncommon but vary in their cause, type, and duration. Head injuries are classified into two types:

  • Closed head injuries (blunt force trauma injuries and injury caused by the brain colliding with the inside of the skull)
  • Open head injuries (penetrating wounds involving bone structure damage as well as brain injuries)

The brain is a complex organ and extremely vulnerable to injury despite the protective cushion of fluid surrounding it and the bony outer structure.

Some of the Most Common Types of Head Injuries Include the Following:

  • Concussions: caused by a blow to the head resulting in temporarily altered brain function from mild to severe
  • Contusion: a bruise on the brain that may cause swelling
  • Hematoma: when an injury causes a blood clot to form between the brain’s outer cover (dura) and the skull (epidural hematoma) or between the brain and the dura (subdermal hematoma)
  • Diffuse Axonal Injury (DAI): caused by a traumatic shaking event or blunt force trauma that causes the brain to twist or rotate inside the skull, tearing  the connective nerve fibers and damaging brain cells
  • Edema: swelling inside the skull of either the brain itself or the tissue around the brain causing pressure between the delicate brain tissue and the skull
  • Hemorrhage: Bleeding inside the brain or in the tissue surrounding the brain
  • Skull fracture: breakage of the bones protecting the brain either in a line, a depression, or along the natural suture lines of the skull
  • Penetrating skull wound: caused by a bullet or blade that penetrates the skull bone and destroys tissue inside the brain

All of the above head injuries require emergency medical treatment to minimize the damage as much as possible, but most injuries have both short and long-term impacts on brain function.

How Long Do You Have to File a Brain Injury Lawsuit?

If you believe that you qualify for a brain injury lawsuit, it is important to initiate your claim as soon as possible. In Texas, brain injury claims are subject to a deadline known as the statute of limitations. The court will most likely dismiss your case and prevent you from recovering damages if you do not file in time.

You will need to file your brain injury lawsuit within two years from the date of the accident. There are certain cases where the court may extend your deadline, such as if you were under the age of 18 or if the defendant leaves the state of Texas during the two-year window. It’s important to consult with a lawyer to determine your filing deadline.

Contact Carew Garcia Bohuslav Law, PLLC Today

Brain injuries are painful and life-threatening injuries. If you developed a brain injury because of the negligence of another person, the lawyers at Carew Garcia Bohuslav Law, PLLC are here to help.

Contact us today to schedule your free case consultation with a McKinney brain injury lawyer and learn more about your legal options.