The amount of compensation you may be entitled to if you have suffered a traumatic brain injury could be substantial, from a few thousand to well over a million. Medical expenses, lost wages, exemplary damages, and other factors will all be considered. Speak to an experienced brain injury lawyer in McAllen to see how much your case might be worth.

A traumatic brain injury is best proved through medical records. The initial severity of a potential traumatic brain injury is typically assessed either by a doctor or other emergency medical personnel using the Glasgow coma scale. The scale runs from three to fifteen, with higher scores indicating a less severe injury. This can be a starting point for a case, but more evidence will usually be required to prove a traumatic brain injury in court.

Two imaging tests can be used to show a traumatic brain injury. A person suspected of having had a brain injury might have a Computerized tomography (CT) scan. A CT scan is often used in the emergency room because it can quickly reveal fractures and indicate bleeding in the brain (hemorrhage), blood clots (hematomas), bruised brain tissue (contusions), and brain tissue swelling.

Another tool that can be used to check for injuries to the brain is Magnetic Resonance Imaging (MRI). While a CT scan uses X-rays, an MRI scan uses radio waves to create a detailed image of the brain and is an appropriate tool if someone is in a stable condition or if the symptoms of a traumatic brain injury don’t improve over time. If there are images from either a CT or an MRI scan, it may be possible to use these in court to demonstrate the severity of a brain injury.

Brain damage refers to the destruction or deterioration of brain cells. If a person has brain damage due to a traumatic brain injury, there could be lasting effects. There are four main categories of brain damage symptoms: cognitive, perceptual, physical, and behavioral/emotional.

Someone with cognitive symptoms of brain damage may have issues processing information, expressing thoughts, understanding, paying attention, making decisions, and memory loss. Someone with perceptual brain damage has issues with vision, hearing, touch, and balance. Someone with physical brain damage may experience symptoms like fatigue, headaches, paralysis, and loss of consciousness. Lastly, someone with behavioral/emotional brain damage symptoms may be erratic, aggressive, impatient, or unpredictable.

If you think that you or someone you know might have a traumatic brain injury, it’s best to be seen by a qualified medical professional as quickly as possible. A CT scan or an MRI scan might be able to confirm the injury. In some cases, an Intracranial Pressure Monitor can be used to monitor swelling in the brain.   

It might be obvious to you that a loved one’s behavior has changed after an injury, but it can be difficult to prove in court that a traumatic brain injury has caused the change. That’s why it’s important to speak to an experienced brain injury lawyer who can maximize your chances of winning. An experienced lawyer will be able to build a case based on eyewitness accounts, expert testimony, and medical records to prove that a brain injury has occurred. 

Yes, you can qualify for long-term benefits as a result of a traumatic brain injury. As we’ve mentioned above, a traumatic brain injury can cause ongoing issues in many different areas (cognitive, physical, perceptual, and behavioral/emotional). In some cases, these issues can be permanent and make it impossible for a person to work. In that situation, a person affected by a traumatic brain injury may be eligible for a long-term disability insurance claim. 

Yes. White matter disease is a serious condition that can make it impossible for a person to work. To qualify for Social Security Disability Benefits in Texas, you must be unable to do any substantial work because of your medical condition. That condition must have lasted or be expected to last one year or to result in your death. White matter disease is a serious condition, and if you are significantly affected by white matter disease, you may be eligible for disability benefits. 

The causes of white matter diseases are not yet fully understood. White matter disease is common and present in more than half of people aged 60 and over. It’s thought to be related to blood flow in the brain. Certain lifestyle factors, such as high blood pressure and smoking, can increase the risk of white matter disease.

Yes, encephalomalacia can be considered a disability. Encephalomalacia is a softening of the brain and can cause permanent cognitive and motor function issues. A person affected by encephalomalacia might need lifelong 24/7 care. 

Encephalomalacia is typically caused by trauma to the brain, bleeding on the brain (cerebral hemorrhage), or cerebral ischemia (loss of blood flow to the brain). It often occurs during birth as a result of complications during labor or delivery. It can also be caused by a traumatic brain injury sustained during a car accident. If you or a loved one has suffered encephalomalacia due to someone else’s actions, you may be entitled to a settlement. Speak to an experienced brain injury lawyer to learn more.

Yes. A serious brain tumor can cause disability. This is because a brain tumor can cause brain damage and make it impossible for a person to do substantial work. A brain tumor may cause a non-traumatic brain injury. While a traumatic brain injury is caused by an external force, such as in a car accident, internal factors, such as a tumor, a lack, of oxygen, or exposure to toxins may cause a non-traumatic brain injury or acquired brain surgery.

A traumatic brain injury is one of the categories of disability recognized by the Individuals with Disabilities Education Act (IDEA). IDEA is a federal law that has been in effect since 1975 that requires public schools to provide free and appropriate public education (FAPE) to students with disabilities aged 3 to 21.

Helping someone with a traumatic brain injury is not always easy. A traumatic brain injury is not a visible injury, like a broken leg, so it’s not easy to see and understand the problem. Each traumatic brain injury is different, and it will take time to learn how you can best help someone. 

It’s important to get appropriate support from a medical professional. If the traumatic brain injury was caused by someone else’s negligence or deliberate harm to you, the law allows you to obtain compensation from the responsible person. This amount you receive will factor in medical expenses resulting from the traumatic brain injury.

A traumatic brain injury affects the whole family, not just the person who suffered the injury. If the person affected by a traumatic brain injury was the main breadwinner, there can be serious financial complications for the whole family if that person is no longer able to work. 

Caring for someone with a traumatic brain injury can be physically and mentally exhausting. It’s normal for caregivers to experience negative emotions like stress, anxiety, anger, and depression. If you are a caregiver to someone with a traumatic brain injury, it’s important to recognize the stress that you might be under and to ensure you have an adequate support network to help you manage this.