FAQs: Texas Brain Injury Attorney

Q: What is a head/brain injury?

A: When the term head injury is used, it generally refers to an injury to the brain. Any accident or assault that involves some sort of blow to the head would be a brain injury. These injuries can be a result of assaults, auto accidents, gunshot wound, or a fall and the result of other physical problems in the body such as a cut off supply of oxygen to the brain, or a lack of blood supply to the brain. The skull often is a great protection for the brain, and so sometimes the injury is only a headache or mild concussion. Very serious injuries can also occur, including swelling, bruising, or an injury that actually results in permanent damage to the brain.

Q: Should I file a lawsuit on behalf of a loved one that has suffered brain injury and is now incapacitated or has passed away due to the brain injury?

A: This can depend upon the circumstances. If the brain injury was due to the negligence of another or the fault of another person you may have a legal case. Your best course of action is to immediately seek legal counsel from an attorney experienced with the brain injury litigation field. S/he will be able to review all of the facts and details of the situation and let you know if you have a case.

Q: What is brain death?

A: The definition of brain death in Texas is the total absence of any brain function, regardless of whether the person's heart is still beating. Neurologists and healthcare providers may use several different medical criteria to determine any remaining brain function. After these tests, if it is determined that there is no remaining brain function, then the person is declared legally dead, this is known as the time of death.

Q: What are the different categories of brain injury?

A: A mild brain injury only affects a person for a brief or temporary period of time. Some of the symptoms of a mild brain injury are: headaches, confusion, depression, nausea, memory problems, and emotional problems. The next level is called a moderate brain injury. These symptoms often last longer and have more profound effects on the injured person. The good news is that generally, patients can often make a good or full recovery for this level of injury. Thirdly, sustaining a serious brain injury may lead to life-altering and problems of a hindered life. Brain death, a coma, (which is a vegetative or minimally responsive state), and 'locked in syndrome' are all responses that would be caused by a serious brain injury. In a serious or severe brain injury, the unconsciousness or coma usually lasts for a longer period of time, such as days, weeks, or months.

Q: Should I retain an attorney to represent me in a TBI (traumatic brain injury) case?

A: An experienced attorney will confer with doctors and neurologists to discuss the injuries in your case and determine it’s validity as a negligence case. When a serious brain injury occurs, the long term effects can be subtle and even unknown initially. It can be traumatic to not know the effects a serious brain injury can have on your lifestyle, so conferring with both your doctors and an attorney will help you better understand those effects and your rights.

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