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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.

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Holding Wrongdoers Accountable

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