There’s no injury quite like a traumatic brain injury, or TBI. A TBI can change an individual’s life in a fraction of a second, and it doesn’t require a huge physical impact.
Unlike other injuries like broken bones, which can repair over time, the brain won’t always heal.
A TBI happens when the brain is damaged by a sudden, external force, such as a blow to the head. While it ranges in severity from mild to severe, any TBI is a serious and potentially life-threatening condition that can cause a range of physical, cognitive, and emotional symptoms.
There are many potential causes of traumatic brain injury in San Antonio, ranging from auto collisions like car accidents and truck accidents to slips and falls, or workplace injuries.
Whatever the nature of your accident, if it was caused by the reckless or negligent actions of another individual or organization, you have the right to hold them accountable.
Doctor, attorney, veteran, and the founder of Patino Law Firm, Louis “Doc” Patino is a top San Antonio brain injury attorney dedicated to helping San Antonio residents recover compensation for accidents that weren’t their fault.
From our office at 13974 Nacogdoches Rd, San Antonio, TX 78217, we represent victims who have sustained TBIs in a range of accidents, including car accidents, trucking accidents, premises liability, slips and falls, work injury, and more.
Reach out and call us today at 855-LAW-NINJA, send us a confidential message on our contact page, pop into our office, or let us know where you are and we’ll come to you for your free, no-obligation case review.
Traumatic brain injuries are caused by an external force that impacts the head or brain. This differentiates them from non-traumatic brain injuries, which, as the name suggests, are not caused by trauma.
Non-traumatic brain injuries can occur as a result of many conditions or events, including a stroke, brain aneurysm, infection, brain tumor, overdose, drowning, cardiac arrest, and inhalation or ingestion of toxic fumes or substances.
Let’s look at some of the common causes of traumatic brain injuries.
TBIs can happen in:
Slips and falls: Falls are a common cause of TBI that can affect anyone. A slip while walking down the street can cause catastrophic injury to young children or older adults, but head injuries can be equally devastating to someone who suffers a work injury by falling from a height, such as a ladder, staircase, or raised platform.
Motor vehicle accidents: Motor vehicle accidents are a leading cause of TBI. They can occur when a vehicle collides with another vehicle, pedestrian, or object, such as in:
Sports: People who play certain sports, such as football and boxing, are more at risk of sustaining a TBI due to the physical nature of the sport, where it’s not uncommon to sustain head trauma.
While certain types of accidents are more likely to cause TBIs, a traumatic brain injury can occur in any event resulting in a blow to the head, whether from a punch, explosion, shunt, or fall onto a hard surface.
If you or a loved one has suffered a brain injury due to the actions of someone else, our brain injury attorneys in San Antonio can explore whether you have a claim and help you get the compensation you deserve.
When a TBI victim visits a doctor, their brain injury will usually be classified into one of three categories: mild, moderate, or severe.
We need to emphasize that if a brain injury is classified as mild, that doesn’t mean that it’s not a serious injury. On the contrary, mild brain injuries — such as concussion, which is when a blow to the head causes the brain to move and sometimes hit the skull — can still be life-changing and affect an individual for the rest of their life.
Victims of a traumatic brain injury in an accident in San Antonio can suffer cognitive, mobility, and emotional impairment, which can result in:
These are just some of the ways traumatic brain injuries can impact victims, whether they sustain a “minor” or “severe” injury. Our traumatic brain injury lawyers in San Antonio know there’s no such thing as a minor TBI and are prepared to fight to get you the compensation you deserve, regardless of how your injury is medically classified.
A traumatic brain injury, and the long-term symptoms it can cause, means victims often need to adjust to living with it. Severe TBIs can lead to degenerative conditions such as dementia, as well as shortened life expectancy.
In a report by the Centers for Disease Control (CDC), the organization found that a moderate brain injury reduces life expectancy by nine years. It also makes an individual 50 times more likely to die from a seizure, nine times more likely to die from an infection, and six times more likely to die from pneumonia.
If a person survives a traumatic brain injury, they’re likely to require multiple trips to the hospital over time. They may even lose their job and will likely need help from family or friends to complete the most basic tasks. Living with a TBI can also mean a loss of enjoyment and overall satisfaction with life, which can result in substance or alcohol abuse.
Under Texas law, any person who sustains a brain injury in an accident caused through no fault of their own may be able to recover compensation from whoever was responsible. Our San Antonio traumatic brain injury lawyers at the Patino Law Firm can help you determine if you have a claim.
Many parties can be liable if you suffer a TBI in an accident in San Antonio. Depending on how your accident happened, a single person may be at fault or you may be able to recover compensation from multiple parties that all played a role in causing the accident.
For example, if you sustain your brain injury in a truck accident caused by a driver who was not qualified to operate the semi-truck, you may be able to claim from the driver as well as the trucking company that employed them. Other parties that can be liable in auto accidents include a manufacturer, contractor, or other organization.
If you have a TBI because of a condition or accident resulting from medical malpractice, you may be able to hold the doctor or medical professional liable. This can happen if a doctor prescribes the wrong medication and it causes you to collapse and hit your head or if a consultant fails to diagnose a medical condition that leads to you having a stroke.
If you slip while at a restaurant or on someone else’s property because it wasn’t maintained or hazards weren’t signposted — such as wet floor signs near a spillage — the owner of the business or property may be held liable.
Or, if a defective product causes a TBI, several parties may be responsible, including the manufacturer of the product and the company that sold it.
Determining who’s at fault for your TBI is always one of the first steps in seeing if you have a personal injury claim. Our San Antonio brain injury lawyers can help you understand your rights and options, as well as advocate on your behalf to get you the maximum compensation possible.
Our Traumatic Brain Injury Lawyers in San Antonio Can Calculate Your Compensation
If your personal injury claim is successful, you will receive compensation for your injuries. There are various types of compensation you may receive, including:
Medical expenses: After a traumatic brain injury in San Antonio, you’ll likely need significant medical treatment. You’re entitled to recover past and future medical costs, including emergency room fees, hospital stays, surgeries, medications, therapy, rehabilitation, and travel to and from the hospital. If your TBI requires you to modify your home to make it easier to independently complete tasks, you will also be able to recover the cost.
Lost wages: Even if your brain injury heals and you can live a normal life without any long-term difficulty, you will still need time off work to recover immediately after your injury. You can claim the wages you would have received had you not been injured, along with any future losses you’ll incur if you’re unable to work again.
Pain and suffering: Your TBI will also likely cause physical pain and emotional distress, and prevent you from doing certain activities you used to enjoy. This type of compensation is tricky to calculate as you can’t easily put a price on the pain you’ve suffered, but it can be significant.
Loss of consortium: If your TBI has affected your relationship with your spouse or parent, whether they are unable to provide you with affection because of their injury or because they’ve died from their injury, you may be able to recover damages for the loss of companionship, affection, and support.
Property damage: As traumatic brain injuries are serious injuries, they often occur in catastrophic accidents that cause significant damage. If you sustained property damage in your accident, such as damage to your vehicle in a car or truck accident, you can recover the cost of repairing or replacing it in your claim.
It’s vital to note that the amount of compensation you may be able to recover after your accident will depend on several factors, including the severity of your injury, the damages you’ve suffered, the strength of the evidence supporting your claim, and the insurance company representing the liable party. Our San Antonio brain injury lawyers work closely with our clients to understand the unique elements of their case and get them the compensation they deserve.
Dr. Louis Patino’s background as a U.S. Army Combat Medic and chiropractor provides him with a unique perspective and experience not many other attorneys can boast. This helps him explain the realities of living with a brain injury to his clients as well as secure the compensation that will support them financially.
While he knows that no amount of money will likely ever fully compensate them for the pain and suffering they’ve endured and the symptoms they might continue to experience for the rest of their lives, it can give them the support they need as they adapt to life with their injury.
If you’ve suffered a brain injury in San Antonio, McAllen, Uvalde, Converse, or anywhere else in Texas, you may be entitled to significant compensation that can help you as you rebuild your life. To book a free, no-obligation appointment with our team of San Antonio traumatic brain injury attorneys, call 855-LAW-NINJA, contact us online, or pop into our office on Nacogdoches Road.
It takes less than a minute to get in touch and you can reach us 24/7.
You can reach us 24/7.
It’s impossible to say exactly how much a brain injury is worth without knowing the specifics of your situation, as each case is unique and the impact of a brain injury can vary greatly from person to person. That being said, if you or a loved one has suffered a brain injury, you may be entitled to compensation for a variety of expenses, including medical bills, lost wages, and the pain and suffering you’ve experienced as a result of the injury.
In addition to these damages, you may also be able to recover punitive damages if the responsible party’s behavior was especially egregious, such as driving while intoxicated. These damages are designed to punish the responsible party and are only available if your case goes to trial. Punitive damages are ultimately at the discretion of a jury.
Keep in mind that pursuing a brain injury claim can be complex and time-consuming, and it may involve a variety of costs, including expert witness fees, legal fees, and administrative expenses. An experienced attorney can help you understand the potential value of your claim and advise you on the best course of action.
In many cases, mild traumatic brain injuries, including concussions without complications, can be resolved with settlements in the five to six-figure range. On the other hand, severe TBIs that lead to significant life-changing impairments may be settled in the six or seven-figure range. The amount of your settlement will depend on the direct damages you’ve experienced and your future needs, such as expected treatment costs and lost income. Your attorney can help you understand the value of your claim and work with you to get the compensation you need to cover these expenses and move forward with your recovery.
Proving a traumatic brain injury (TBI) in court can be complicated, as TBIs are often difficult to diagnose and can cause a wide range of symptoms. To prove a TBI in court, it is generally necessary to present evidence that supports your claim, such as:
Medical records: Medical records, including diagnostic tests and treatment records, can help to establish the presence of a TBI and its severity.
Expert testimony: Expert testimony from medical professionals can provide insight into the treatment already administered and what future treatment is needed to achieve maximum recovery.
Eyewitness testimony: Individuals who witnessed the event that caused the TBI can testify about what they saw (such as a visible head injury) and even who was responsible.
Surveillance footage or photos: Surveillance footage or photos of the event that caused the TBI can show when your injury occurred (preventing the other party from claiming it happened later) and also help establish who was at fault.
Accident reports: Accident reports, such as the crash report filed by police at the scene, provides a record of how the accident happened and the injuries sustained.
It is important to work with an experienced attorney who can help you gather and present the evidence necessary to prove your TBI and recover the compensation you’re owed.
At Patino Law Firm, we understand that if you or a loved one has suffered a traumatic brain injury, you may be facing financial difficulties due to lost wages and medical expenses. But you shouldn’t have to suffer just because you can’t afford the upfront cost of legal counsel. That’s why we work on a contingency fee basis, which means that we don’t get paid until we win your case.
When we secure a favorable judgment in court or settle during negotiations, we will take a percentage of your recovery as our fee.
It’s important to note that you may have additional costs, such as:
Knowing this, you may be considering negotiating a settlement on your own so you can keep the full amount. However, attorney-negotiated settlements are often significantly higher, even after all legal bills and liens are deducted. This is because our San Antonio traumatic brain injury lawyers are expert negotiators and trial advocates who understand how insurance companies operate and the tactics they use. In many cases, our clients also aren’t aware just how much compensation they’re entitled to and all the various damages they can recover, which would likely result in accepting a lower offer if they decided to go it alone.
We are committed to keeping you up to date during the entire process, which means you’ll always know how much you can expect to receive after all deductions and what those deductions are for. While no amount of compensation can turn back the clock to before your accident, it can get rid of your financial worries so that you can focus on recovering or adapting to life with your injury.
The length of time it takes to recover compensation after suffering a traumatic brain injury in San Antonio will depend on a variety of factors, including the specific circumstances of the injury, the complexity of the case, and the evidence supporting the claim.
If you are seeking compensation for a TBI through a personal injury claim, the process can take time. It may be necessary to conduct a thorough investigation to determine the cause of the injury and to gather evidence to support your claim. This process can take several months or longer, depending on the complexity of the case.
Once all the necessary evidence has been gathered, negotiations typically begin to agree a settlement with the responsible party’s insurance company. This can also take time, as both sides may need to exchange information and negotiate the terms of the settlement.
Overall, the length of time it takes to recover compensation after suffering a TBI in San Antonio will depend on the specific circumstances of your case. An experienced attorney can advise on how long it might take based on your unique situation.
If you or a loved one has suffered a blow to the head or other type of injury that may have caused brain damage, it is important to seek medical attention as soon as possible. There are a variety of ways that doctors can check for brain damage, including:
Physical examination: A physical examination can identify visible signs of head trauma, such as cuts or bruises, a change in pupil dilation, or weakness or paralysis in the body.
Neurological examination: A neurological examination involves testing reflexes and muscle strength to evaluate brain function.
Imaging tests: Imaging tests such as CT and MRI scans create detailed pictures of the brain, which can highlight damage or abnormalities.
Neuropsychological testing: Neuropsychological testing focuses on cognitive function. With these, medical professionals can determine if a head injury has resulted in issues with memory, attention span, or problem-solving.
The symptoms of brain damage are not always immediately apparent, but the sooner it’s diagnosed and treatment begins, the better the prognosis. This makes it vital to seek medical attention as soon as possible after a head injury — even if it’s only a minor bump.
While it’s not always easy to tell if you have brain damage without cognitive tests, scans, and a physical examination, there are a few signs that you should be aware of, such as:
If you’re experiencing any of these symptoms after a bump to the head, no matter how minor it may have been, you must see a doctor as soon as possible. Often, these symptoms indicate something much less serious — a headache can just be a headache, and moodiness can happen because you’re having a bad day — but it’s better to be safe and get it checked out. A doctor can help to determine the extent of any brain damage and recommend the appropriate treatment.
Brain damage resulting from a traumatic brain injury can be a disability, as it can cause a wide range of physical, cognitive, and emotional symptoms that can impact a person’s ability to function. The severity of any disability will depend on the specific nature and extent of the brain damage, as well as the individual’s overall health.
People with brain damage from TBI may be eligible for disability benefits through the Social Security Administration (SSA). To qualify for disability benefits, a person must be unable to work due to their disability and must meet the SSA’s criteria for disability, which may consider factors such as the person’s age, education, and work experience.
Encephalomalacia, also known as brain atrophy, is when brain tissue has been damaged or died. It can result from trauma, stroke, infection, or degenerative diseases such as Alzheimer’s disease. Because the brain is responsible for so many functions, encephalomalacia can impact individuals physically, cognitively, and emotionally.
Depending on the specific nature and extent of the condition, it may be considered a disability.
If you know someone who has suffered a traumatic brain injury), there are several ways you can help:
Provide emotional support: Be there for your friend or loved one and offer your support and understanding. Let them know that you are available to listen and help in any way you can.
Encourage the person to follow their treatment plan: It’s vital for a TBI victim to follow the treatment plan prescribed by their healthcare team. Encourage them to attend therapy sessions and take their medications as directed.
Help with daily tasks: Depending on the severity of the TBI, your loved one may need help with tasks such as bathing, dressing, and preparing meals. Offer to assist with these tasks or help to arrange for someone else to do them.
Create a safe environment: A traumatic brain injury can cause weakness, paralysis, and confusion or disorientation, so an individual with a TBI may be more prone to accidents. Removing hazards such as loose rugs and clearing cluttered spaces can help provide a physically safe environment.
Offer practical assistance: Depending on your friend or loved one’s needs and your own resources, you may be able to offer practical assistance such as helping to pay bills or offering to drive them to appointments.
You should keep in mind that every person is different, and the needs of someone with a TBI can vary. It’s also vital to be mindful of how they might be feeling. Suffering a TBI can turn an individual’s life upside down and they may be mourning the loss of independence they previously enjoyed. For someone with a severe brain injury, completing even the smallest task on their own can bring them a lot of comfort, so be cautious when it comes to just stepping in and doing everything for them — even though it’s coming from a good place.
A traumatic brain injury can have a significant impact on a victim’s family. These injuries can cause a wide range of physical, cognitive, and emotional symptoms that can affect the person’s ability to function, so families may need to provide emotional support and help with tasks such as bathing, dressing, and preparing meals. A family may also need to make changes to the home and daily routines to accommodate the victim’s needs.
In addition to the practical considerations, families may also experience emotional and financial stresses as a result of a TBI. If a brain injury causes changes in personality or behavior, this can be difficult for family members to see and adjust to. Families may also be under financial strain if their loved one cannot work or requires significant medical treatment — as is often the case with traumatic brain injuries.
Additional support can help families cope with the impact of a loved one’s traumatic brain injury, whether from external sources or closer to home. Don’t be afraid to seek support from friends, family, and community resources, as well as the help of a therapist or other mental health professional.
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Dr. Patino’s medical, service, and legal background gives you an advantage when it comes to getting the compensation you deserve after a traumatic brain injury. If you or a loved one has suffered a head injury in an accident that wasn’t your fault, our team of compassionate attorneys is here to help you navigate the legal process and fight for the compensation you deserve.
Don’t hesitate to reach out to the Patino Law Firm for a free, no-obligation case review. Our expert San Antonio traumatic brain injury lawyers will work with you to understand your situation and advise you on the best course of action.
Don’t let the responsible party get away with causing your head injury. Call 855-LAW-NINJA, pop into our office at 13974 Nacogdoches Rd, San Antonio, TX 78217, or fill in the confidential contact form to get started and see where you stand.
