TRAUMATIC BRAIN INJURIES ATTORNEY IN THE GREATER HOUSTON AREA

Traumatic brain injuries (TBIs) are a severe and often life-altering reality for many people across the United States. The Centers for Disease Control and Prevention (CDC) report that each year, about 1.5 million Americans face the challenges of TBIs, with effects ranging from mild to severe. Sadly, these injuries are not just numbers—they lead to 50,000 deaths and over 200,000 hospitalizations every year. They also leave between 80,000 and 90,000 individuals with lasting disabilities, underscoring the deep and personal impact TBIs have on individuals, their families, and communities at large.  

My firm — Jose Orihuela, Attorney at Law — is committed to standing by those affected by traumatic brain injuries. Over the years, by practicing law in Webster and Houston, Texas, I've witnessed the profound effect traumatic brain injuries have on individuals and their loved ones. I shoulder the legal challenges surrounding these injuries so that healing remains your primary focus. If you've been injured, don't face the law alone.

DEFINING TBIs

Traumatic brain injuries, or TBIs, occur due to sudden trauma damaging the brain. This trauma can range from a mild bump on the head, which might result in a brief change in mental state or consciousness, to a severe brain injury leading to an extended period of unconsciousness or amnesia after the injury.  

TBIs can be classified into two main types of catastrophic injuries:

• Closed head injuries, when the brain is injured as a result of a blow to the head or a sudden, violent motion causing the brain to knock against the skull.

• Penetrating injuries, when an object breaks the skull and enters the brain tissue.

Recognizing the signs and understanding the severity of TBIs is crucial for timely and effective treatment. 

THE EFFECTS OF TRAUMATIC BRAIN INJURIES

Traumatic brain injuries can cause a wide array of physical and psychological effects. Some people may experience headaches, dizziness, memory loss, or difficulty concentrating. Others may struggle with emotional changes, such as mood swings or depression. The long-term effects can be life-altering, impacting one's ability to work, maintain relationships, or even carry out daily tasks.  

It's important to remember that every injury is unique, and the effects may not be immediately apparent. That's why immediate medical attention is crucial following any head injury, no matter how minor it may seem at first.

WHO CAN BE HELD LIABLE?

Determining liability in traumatic brain injury cases involves many factors and depends largely on the circumstances surrounding the injury. The potentially liable parties may include individuals, companies, or even government entities.  

For example, if the injury resulted from a car accident, the at-fault driver could be held responsible. In cases where a defective product caused the injury, the manufacturer could be held liable. Employers may also face liability if the injury occurred in the workplace due to unsafe conditions or negligence in enforcing safety protocols. Additionally, governmental entities might be responsible in situations where the injury was caused by hazards on public property.  

A skilled attorney can thoroughly investigate the incident, identify all potentially liable parties, and hold them accountable for their actions or negligence. 

UNDERSTANDING NEGLIGENCE

Negligence is a term often used in personal injury cases. For a situation to be considered negligent, four elements must be present:

• Duty: the responsibility one person has to avoid causing harm to another

• Breach: when that duty is violated

• Causation: the link between the breach of duty and the harm caused

• Damages: the actual harm suffered by the individual.  

As an attorney, I can help you understand whether these elements are present in your case and how they can be proven in court. It's not just about understanding the law — it's about applying it effectively to achieve justice. 

WHAT SHOULD YOU DO IF YOU SUFFERED A TBI?

If you've suffered a traumatic brain injury, the first step is to seek immediate medical attention. Once your condition has been stabilized, it's important to start considering your legal options.  

Remember that time is of the essence in personal injury cases. The sooner you get in touch with an attorney, the better your chances of securing evidence, identifying witnesses, and building a strong case.  

THE IMPORTANCE OF GATHERING EVIDENCE

Evidence is a crucial component of any personal injury case. This can include medical records, witness statements, photographs of the accident scene, and more. As your attorney, part of my role is to help gather and preserve this evidence.  

It's also my job to use this evidence effectively to build a compelling case on your behalf. This involves presenting the evidence in a way that demonstrates negligence and shows the full extent of your injuries and their impact on your life. 

HOW MY FIRM CAN HELP

At Jose Orihuela, Attorney at Law, I am committed to providing personalized and comprehensive legal representation for individuals who have suffered traumatic brain injuries. My approach is simple: I put my clients first. I take the time to understand your unique circumstances, explain your legal options, and guide you through every step of the process.  

I work tirelessly to advocate for your rights and pursue the compensation you deserve. Whether it's negotiating with insurance companies or arguing your case in court, you can trust that I will be by your side, fighting for justice. 

FREQUENTLY ASKED QUESTIONS (FAQ)

What is the average settlement for a traumatic brain injury case? 

The settlement for a traumatic brain injury (TBI) case can vary widely based on certain factors such as the severity of the injury, the extent of medical treatment required, and the impact on the victim's quality of life. While some cases may settle for hundreds of thousands of dollars, others, particularly those that involve severe and lifelong disabilities, can reach settlements in the millions. It's important to consult with a legal professional to get a more accurate estimate based on the specifics of your case. 

Is a TBI considered a disability under the Americans with Disabilities Act (ADA)?

Yes, a traumatic brain injury (TBI) can be considered a disability under the Americans with Disabilities Act (ADA) if it substantially limits one or more major life activities. This includes, but is not limited to, cognitive, neurological, or physical impairments. Each case is considered on its own merits, and accommodations are provided based on the individual’s specific needs and the severity of their symptoms. 

What are my rights if I’ve received a traumatic brain injury?

If you’ve received a traumatic brain injury due to someone else's negligence or intentional harm, you have the right to seek compensation for your injuries. This includes medical expenses, lost wages, pain and suffering, and sometimes punitive damages. Additionally, you have the right to reasonable accommodations under the ADA if your injury affects your ability to perform certain tasks. It's vital to consult with an experienced personal injury attorney who can help you understand your rights and guide you through the legal process to make sure you receive the justice and compensation you deserve.