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What Types of Damages Can You Recover in a Traumatic Brain Injury Case?

Posted on in Personal Injury

Houston brain injury lawyerAs with most types of injuries, traumatic brain injuries differ in severity. Some people suffer a concussion, a mild form of traumatic brain injury, and do not even realize they are concussed. Other traumatic brain injury (TBI) sufferers are left incapacitated for the rest of their lives. A TBI may be caused by a fall, physical assault, work accident, car crash, or any other incident that damages the brain. If you or a loved one suffered a brain injury, you may be entitled to monetary damages.  

Personal Injury Claims and Traumatic Brain Injuries

Texas law allows an individual to file a personal injury claim and seek financial restitution if they are injured by another party’s negligence or wrongful act. A party acts negligently when that party fails to uphold a duty of care. For example, a doctor owes patients a duty to act with a reasonable degree of competency during medical procedures. Drivers have a duty to drive responsibly and follow traffic laws. Property owners have a duty to maintain a reasonably safe property for invitees.

Financial Compensation for Losses

The term “damages” refers to the negative consequences of an injury such as a traumatic brain injury. In Texas, a personal injury claim may result in the recovery of both financial damages and non-financial damages.

You or your loved one may be entitled to financial reimbursement for:

  • Medical expenses – Traumatic brain injuries often require expensive medical testing and treatment, including MRIs, CT scans, and physical therapy. You may be entitled to compensation for these expenses.
  • Lost income – TBI symptoms can prevent a person from working and earning income. Through a personal injury claim, you may be able to recover compensation for past and future damages.
  • Lost earning capacity – Some TBIs leave victims unable to return to their previous line of work. If you cannot work or had to take a lower-earning job due to the TBI, you may be entitled to compensation for your lost earning capacity.
  • Pain and suffering -The losses resulting from a serious brain injury are not only financial. Many people are left with debilitating pain and other symptoms for weeks or months after the injury. A TBI can impair cognitive functioning, motor functioning, communication, and problem-solving abilities. Financial compensation for pain, suffering, mental anguish, and other non-financial damages may be available.

Contact a Houston TBI Lawyer

If you or a loved one suffered a traumatic brain injury in a car accident or another incident, contact the Law Office of Shane R. Kadlec for help. Call our Harris County personal injury attorneys at 281-643-2000 today.


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