Attorney Andrew Seerden is dedicated to protecting your legal rights if you or a loved one suffered brain injuries in an accident caused by negligence. He is certified in personal injury trial law by the Texas Board of Legal Specialization, an achievement bestowed upon only 2 percent of lawyers in the state, and he has extensive experience successfully handling these types of complex claims.
Please contact our Houston personal injury lawyers at The Seerden Law Firm, PLLC, to schedule a free consultation with our compassionate Houston brain injury attorney. Andrew Seerden will take the time to meet with you personally to answer your questions and explain your legal rights.
How Our Head Injury Lawyers Will Fight for You
Brain injuries can occur for a variety of reasons, and the details are very case-specific. Our approach will be custom-tailored for your circumstances. We will pursue every potential strategy for enforcing your rights. Our respected Texas brain injury law firm is prepared to assist with:
Handling your personal injury claim: Many brain injuries are the result of an accident, but usually negligence is to blame. In such a case, you need to prove that the responsible party did not comply with the legal duty of care to avoid causing injury to other people. The breach of duty could be the result of negligence when driving a car, managing property, operating a business, manufacturing a product, providing medical care, and other careless acts.
If your brain injuries resulted from negligence, your first step in seeking compensation will probably be filing a claim with the responsible party’s insurance company. Motorists, property owners, manufacturers, and physicians usually carry insurance to protect against negligent acts. Andrew Seerden started his career as an insurance defense lawyer, so he knows the tactics insurance companies use and how to fight them.
Managing a workplace brain injury claim: If you suffered brain injuries as a result of a workplace accident, you may qualify to file for benefits through the Texas Department of Workers’ Compensation (DWC). State law does not require companies to purchase workers’ comp insurance, but many employers opt in for this type of coverage. Under certain circumstances, filing for benefits through the DWC may be your only remedy. Our Houston brain injury lawyers will guide you through the workers’ compensation requirements and can explore additional legal remedies.
Negotiating aggressively with insurance companies: For brain injury claims based upon negligence or workplace accidents, you will be facing off against a well-funded insurance company. These insurers serve their own interests and those of their policyholders. Your needs are further down on the list of priorities. You can expect some pushback from a company when you file a claim, such as:
- Contesting who was at fault for a brain injury accident
- Disputes over the severity of your brain injuries
- Questions about whether you are a covered employee who was hurt while performing job-related tasks
- Persistent efforts to minimize the value of your claim
Our highly qualified Houston brain injury attorney is well-versed in the tactics insurance companies use to discourage you from pursuing a claim. When you have solid legal representation, you have a better shot at overcoming these disputes.
Presenting a persuasive case at trial: Insurance companies may not be amenable to settling your claim, which makes it necessary to move to the next step in enforcing your rights. If we cannot negotiate a fair, reasonable monetary amount to sufficiently compensate you for your brain injury losses, our firm is prepared to pursue a brain injury lawsuit for civil damages.
Compensation for Victims of Traumatic Brain Injuries
Your potential compensation as the victim of a brain injury centers on the legal concept of damages. The specifics depend on the details of your injuries and nature of the accident. It may be possible to recover compensation through various strategies, but options include:
Damages in personal injury claims: When you file a claim with an insurance company or sue in court, you can recover compensation for two categories of damages.
- Economic damages: Losses that are ascertainable through invoices, receipts, or out-of-pocket costs fall into this category. Examples include medical costs and lost wages.
- Non-economic damages: Some losses stemming from brain injuries cannot be proved through objective evidence, but you definitely suffer physically, emotionally, and financially. You may be able to recover such non-economic damages as:
- Pain and suffering
- Emotional and psychological distress
- Losses based upon relationships with family and friends
- Diminished quality of life
Punitive damages: If your brain injuries were the result of reckless, egregious, or criminal acts, you may be able to recover compensation in the form of punitive damages, as well. This type of damages is not intended to compensate your losses, but instead to punish the responsible party for wrongdoing. Under the statutory cap on punitive damages in Texas, you can recover the greater of:
- $200,000
- Twice your economic damages, plus non-economic damages up to $750,000
Your recovery may be considerable in a brain injury claim. Surgery, medical procedures, long-term cognitive issues, and other medical conditions could lead to a significant amount for economic damages.
Workers’ compensation claims in Texas: If your traumatic brain injury is the result of a workplace accident, your remedies through workers’ compensation are different from a civil lawsuit. When you file a qualifying claim, you can recover:
- Medical costs for treatment of your traumatic brain injuries, including expenses related to current and future care
- Income you lose from being out of work, which is based upon your average weekly salary
- Death and burial benefits, if you are the family member who lost a loved one due to work-related brain injuries
Common Causes of TBIs
Though the hard bone of the skull provides excellent protection, the human brain is vulnerable when the barrier suffers a violent impact. Our legal team at The Seerden Law Firm, PLLC, assists with a wide range of brain injury accidents, including:
If you are ready to learn about your legal rights after suffering a serious brain injury, please contact us now.
Types of TBIs
The short- and long-term effects of head injuries depend upon the location of the brain that was affected. For instance, a brain injury could involve:
- Hematoma: A clotting of blood that can lead to pressure inside the brain
- Hemorrhage: Uncontrolled bleeding in the fluids surrounding the brain
- Concussion: When the brain comes into contact with the skull through a violent impact
- Edema: Swelling within the brain that the skull cannot accommodate
- Fracture: An impact that breaks the skull, which does not have the reparative features of other bone tissue in the human body
- Damage to brain cells: Damages to brain tissue that renders it incapable of healing through natural mechanisms
Symptoms of a Traumatic Brain Injury
If you or a loved one has experienced any trauma to the head, neck, or skull, keep on the lookout for common symptoms of brain injury. Some are outwardly obvious, while others are subtler. They may include:
Mild brain injury: You may notice variable losses of consciousness or a feeling of disorientation. Other symptoms include headache, difficulty sleeping, dizziness, and irritability.
Moderate to severe brain trauma: Signs of a more serious brain injury include:
- Severe, persistent headache
- Nausea or vomiting
- Issues articulating speech
- Frequent drowsiness and sleeping
- Sensory problems and challenges with motor skills
- Sensitivity to light or sound
- Difficulties concentrating
- Mood swings
- Depression, irritability, and anxiety
Symptoms for child brain injuries: Younger victims are more vulnerable to the effects of brain injuries, especially since they face challenges in communicating their pain or discomfort. Parents, caretakers, and others should take note of any changes in eating or nursing habits, and persistent crying. Exercise caution if your child becomes easily irritated, seems depressed, loses interest in playing, or is tired all the time. Contact a doctor, then a Houston brain injury lawyer, if your child has seizures or loses consciousness.
Treatment and Rehabilitation for Brain Injuries
Any time a health care provider must treat the human brain, the encounter has significant implications. In general, care for brain injuries will depend upon the area that was affected and how the trauma occurred.
On the end of minor injury, treatment may include cold compresses, rest, and relaxation. However, brain injuries can often cause pressure to build within the confines of the skull. A surgeon may need to drill into skull tissue or remove a portion to allow the brain to expand. If it becomes necessary to extract a section of brain tissue, long-term brain damage may result.
Schedule a Free Case Assessment with our Houston Brain Injury Attorneys Right Away
For more information on your rights as the victim of a brain injury, please contact The Seerden Law Firm, PLLC in Houston, TX. We can set up a free consultation to review your case and discuss options for pursuing your legal remedies.
