The Ultimate Guide to Brain Injury Lawsuits

Brain injuries are serious, and recovery can be painful and expensive. If someone else was responsible for your brain injury, you could be entitled to receive reimbursement for the money you’ve spent and the suffering you’ve endured. 

What should I do if I suffer a brain injury at work? 

If you suffered a brain injury at work, it’s crucial that you take fast action to safeguard your rights. When you experience head trauma in a workplace accident, you should notify your employer and seek medical attention immediately. Brain injuries are notoriously unpredictable, so even if you think it’s no big deal at the time, you could suffer brain damage or other severe injuries in the future. 

A physician can determine the specific type of brain injury you have through x-rays, MRIs, CT scans and other diagnostic evaluations. You should never delay seeking medical treatment if it is possible that you experienced serious head trauma.

After receiving medical treatment, you should also regularly photograph your injury and document the following:

  • Pain and symptoms 
  • Medical appointments
  • Medications and their side effects
  • Any time you missed work for recovery or to see medical providers 
  • The effect your injury has on your ability to take care of your home and family

What are the typical symptoms of a brain injury?

The typical symptoms of a brain injury include:

  • Loss of consciousness
  • Confusion or disorientation
  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Speech problems
  • Difficulty sleeping or sleeping more than usual
  • Dizziness or loss of balance
  • Sensory issues 
  • Sensitivity to light or sound
  • Issues with memory or concentration 
  • Mood swings
  • Feelings of depression or anxiety

Some of these symptoms may be immediately apparent, while others can appear days or even weeks after the injury.

What is a “raccoon eyes” brain injury?

A raccoon eyes brain injury is a type of traumatic brain injury. “Raccoon eyes,” also known as “periorbital ecchymosis,” are dark purple or blue bruises that develop under your eyes, similar to the dark circles under a raccoon’s eyes. Raccoon eyes are a symptom of a basilar skull fracture created when blood from the fracture seeps into the soft tissues that surround the eyes. 

Basilar skull fractures are usually caused by blunt force trauma to at least one of the bones in the base of your skull. On top of raccoon eyes, people who experience basal skull fractures may suffer from additional symptoms, including blood collecting in the middle ear behind the eardrum, cerebrospinal fluid leaking from the ears or nose, and crescent-shaped bruising called a “Battle sign” or “Battle’s sign” behind one or both ears.

When should I go to the emergency room?

You should go to the emergency room immediately after a blow to the head or other head trauma if you suffer any of the following symptoms:

  • Loss of consciousness
  • Confusion or disorientation
  • Vomiting or nausea 
  • Balance issues
  • Forgetting things about the injury
  • Seizures
  • Bleeding

In the days following a head injury, you should go to the emergency room as soon as possible if you start to experience any of the following:

  • Persistent headache
  • Unusual behavior, mood swings, or concentration issues
  • Slurred speech or difficulties reading or writing
  • Numbness, dizziness, or weakness
  • Difficulty falling asleep or waking up
  • Changes in eyesight
  • Discharge of fluid from the nose or ears

Can I sue someone if I’ve suffered a brain injury?

Yes, you can sue someone if you’ve suffered a brain injury if their negligent behavior caused the injury. A person is negligent when they act with complete disregard for how their behavior will affect others. For example, if you suffered a brain injury in a car accident, you could sue the person who was at-fault to recover compensation.

If you are injured at work, you usually cannot sue your employer if you accept workers’ compensation for your injuries. However, if your employer injured you intentionally or has inadequate workers’ compensation coverage, you may be able to file a personal injury lawsuit against them. You should consult with an experienced brain injury lawyer to determine if you can sue.

How long after a brain injury can I sue?

State laws limit how long after a brain injury you can sue with legislation called the statute of limitations. In Texas, the statute of limitation for personal injury cases, such as most brain injury lawsuits, is two years from the date of the injury. If you don’t file a lawsuit before the statute of limitations expires, you lose your right to sue.

While this might sound like plenty of time, brain injuries are complex, and it can take a long time to recover. Negotiating with insurance companies and collecting evidence for your case can also be time-consuming. Therefore, it’s crucial that you consult with an experienced personal injury attorney as soon as possible.

Should I contact my insurance company?

Yes, you should contact your insurance company if you’ve been involved in a motor vehicle accident that causes a brain injury. Most auto insurance policies include mandatory reporting provisions, requiring you to inform your provider of any accidents you are involved in, even if you are not at fault. While it’s advisable to contact your insurer within 72 hours of an accident, some policies contain particular notification deadlines. After an accident, you should review your policy and comply with any deadlines it contains.

When should I contact a brain injury attorney?

You should contact a brain injury attorney as soon as possible after your brain injury to discuss your legal rights and the compensation you could be entitled to recover. The sooner you involve a personal injury lawyer, the sooner they can start working on your case. If your brain injury happened at work, a knowledgeable attorney can help you navigate the worker’s compensation process and determine if you are eligible to sue. If your injury was caused by a car crash, a lawyer can handle all communications with the insurance companies and help you negotiate a full and fair settlement.

Do I need a brain injury lawyer near me?

While you are not legally required to hire a brain injury lawyer to receive compensation for your injuries, a skilled attorney can help you maximize the compensation you receive. Traumatic brain injury victims often acquire extensive medical bills while recovering, including the costs of long hospital stays, rehabilitation, medication, personal caregivers, and vocational retraining. In fact, the total expenses for treating a serious brain injury can exceed $100,000 in the first year alone. To ensure you are reimbursed for your medical expenses, you need an experienced brain injury lawyer on your side.

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Read More

Raccoon Eyes Brain Injury and When to Hire a Lawyer
The Ultimate Guide to Car Accident Settlements
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About Attorney911 
Legal Emergency Lawyers™ legal services

Attorney911 Legal Emergency Lawyers™ legal services is a Texas-based personal injury and criminal defense law firm with offices in Houston and Austin, though we are proud to serve Texans from all over the state and represent clients in federal court. We handle a wide variety of legal issues — from car accidents to worker’s compensation to DUI/DWI offenses. Our staff is bilingual, friendly, and genuinely passionate about helping our clients, whether it’s a million-dollar case or a thousand-dollar case. We also understand that cost can be a prohibitive factor in hiring a lawyer, and are willing to work with you on structuring payment in a way that is fair and feasible. We do accept credit cards for our hourly fees, and take some cases on contingency, which means you don’t pay us unless and until you get paid yourself. We know that you have a choice in your legal representation, and we believe that what makes us stand out from the competition is our real emotional investment in our clients. We see you as a person — not a paycheck. And we will fight hard for you, because we truly care.