I sustained a serious head injury in a car accident. Am I able to file a personal injury lawsuit against the other driver?
In car accidents, there is the possibility of two kinds of impacts that may result in a traumatic brain injury (TBI). Striking your head on the steering wheel or doorframe of the vehicle can result in a whiplash related traumatic brain injury where the brain swings back and forth inside the skull. There is the possibility of having both a whiplash traumatic brain injury and the physical trauma of hitting an object.
Texas operates under a modified comparative fault rule when it comes to determining fault in an accident. In other words, a driver cannot recover damages from another party if that individual is 51 percent or more at fault for an accident. Your attorney would need to discuss the accident with you, examine the accident reports, photos of the scene, and conduct an investigation to determine whether you were partially at fault for the accident or not.
In the meantime, do not discuss your accident with the other party’s insurance company or attorney. The insurance company can put you in a bad light and perhaps cast aspersions against you for an injury by saying it is pre-existing. Do not speak to anyone other than your attorney.
Other Brain Injuries FAQs:
- Are all traumatic brain injury cases the same?
- Are concussions a form of brain injury?
- Are concussions a form of brain injury? My son plays a lot of football and hockey.
- Are there different types of skull fractures or are they all the same?
- Are there other symptoms I should be aware of when looking for or trying to assess a concussion?
- Are traumatic brain injuries common?
- As a college football player I suffered a traumatic brain injury (TBI) while on the field. Can I file a lawsuit for TBI against the coach and the college?
- Do the airbags and seat belts car manufacturers install in vehicles help prevent or minimize traumatic brain injury sustained in a collision?
- Does everyone go through the same therapy to recover from traumatic brain injury?
- How are brain injuries rated by doctors?
- How are traumatic brain injuries (TBIs) treated?
- How Can A Head Injury Be Treated?
- How do people with brain trauma recover?
- How is anyone gong to believe me that I have sustained a concussion when one day I am my old self and then next I am right back where I was when I was first got injured? Should I just tough it out?
- I recently read that there is a large number of Americans living with a disability caused by a traumatic brain injury. What kinds of disabilities would they be dealing with on a daily basis?
- I sustained a serious head injury in a car accident. Am I able to file a personal injury lawsuit against the other driver?
- I was hit by an 18-wheeler and diagnosed with, among other things, traumatic brain injury. Would I be able to file a lawsuit?
- I was in a car accident but did not hit my head. My doctors say I have a traumatic brain injury (TBI). What does that mean?
- I was involved in a car accident recently and sustained a severe concussion. The doctor says it’s often called a silent epidemic or injury and I may have trouble suing for compensation because no one can see my injury. Does that affect my lawsuit?
- I was involved in an accident with a drunk driver and hit my head on the windshield. The doctors say I have a concussion. How long does it take to recover from a concussion, and how would that affect any lawsuit I may file?
- If a person sustains a severe traumatic brain injury, how much functional ability can he or she recover?
- If I am successful in my lawsuit and get sufficient compensation to continue recovering from a traumatic brain injury, what kinds of treatments will I be offered?
- Is traumatic brain injury (TBI) diagnosed using MRI or a CT scan?
- Is traumatic brain injury a common occurrence in vehicle accidents?
- My doctor says I have a brain stem injury. What does that mean?
- My doctor says I have an acquired brain injury. What does that mean?
- My doctor says my husband will have neurobehavioral problems after his head trauma. What does that mean?
- My friend who plays college football was taken off the field the other day. We thought he had a concussion but as it turned out he had both a skull fracture and a concussion. Can he sue the team for not warning him about the dangers of playing football?
- My mom was in a car accident and hit her head on the doorframe. It wasn’t much of a hit, but the doctor said she might experience traumatic brain injury symptoms that get worse over time. Should she talk to a personal injury lawyer?
- My sister was diagnosed with a brain injury. The hospital said there were two types of brain injuries. What are they?
- My son plays high school football and has been knocked out several times. The doctor thinks he has a traumatic brain injury. He was wearing a helmet. Is that possible?
- My wife was involved in an accident while playing soccer and reported being dizzy. The coach said she might have a traumatic brain injury after heading the ball and colliding with another player. Is that possible?
- Other than emotional and mental changes in my behavior, are there physical changes as well?
- People can recover from traumatic brain injury over the long term, right?
- The doctor says my prognosis after my traumatic brain injury is uncertain at this point. What does that mean?
- What are some of the symptoms of a traumatic brain injury?
- What Are The Effects Of A Brain Injury?
- What are the main causes of traumatic brain injury?
- What are the most common symptoms of traumatic brain injury (TBI)?
- What are the symptoms of a traumatic brain injury (TBI)?
- What causes traumatic brain injury?
- What Is A Brain Injury?
- What is an open head injury?
- What is the most common cause for a traumatic brain injury?
- What kinds of cognitive problems may present themselves in a person with traumatic brain injury?
- What symptoms should I expect to experience as a result of my head injury?
- What types of head injuries are there?
- What types of injuries can cause traumatic brain injury?
- Why is traumatic brain injury (TBI) called a silent injury?
Holding Wrongdoers Accountable
Learn more about car insurance in Texas and what you can do to avoid common accident claim mistakes with these free resources.