San Antonio Brain Injury Attorney

Dedicated Advocates for Those Who Have Suffered Catastrophic Injuries

Brain injuries can be some of the most devastating diagnoses one can receive. People who have sustained a traumatic brain injury (TBI) can experience physical and cognitive impairments that may require long-term medical care.

If you or someone you know has received this diagnosis, it is important to get the legal help you need to ensure that your rights are protected. Any recovery goes towards helping you live as comfortably as possible. That is why Pelaez Law Firm, Crash Angels provides legal counsel for victims of traumatic brain injuries in San Antonio, Texas, and throughout the surrounding area.

Our knowledgeable attorneys understand the intricacies of personal injury law when it comes to brain injury cases. To have seen someone suffer from a serious brain injury due to someone else’s negligence or recklessness has made us want to hold the liable parties accountable.

We know that financial recovery is not the only thing our clients need, but it can provide essential resources to help improve their quality of life. Call us today to speak with a knowledgeable San Antonio brain injury lawyer at (210) 801-9314.

Do You Have a Valid Traumatic Brain Injury Claim?

People suffer brain injuries every day. However, such injuries do not always qualify as personal injury cases. Even if you or a loved one have suffered a life-altering brain injury, the only way to secure fair compensation is to establish that another party was liable for the harm you faced. This could range from high school football coaches not providing proper safety gear — and thus causing a mild traumatic brain injury like a concussion — or store owners improperly stacking merchandise that falls and causes major brain damage. Regardless of your individual circumstances, proving liability is necessary.

To do so, you’ll need to establish the following elements:

• Duty of care: Most individuals have a responsibility to avoid actions that could create undue risk for others. For instance, motorists are expected to drive safely
• Breach of duty: During all brain injury litigation, it’s necessary to show that the at-fault party breached their duty of care. For instance, perhaps a motorist was speeding
• Damages: To recover compensation, it’s also necessary to show that damages (e.g., medical expenses, pain and suffering, etc.) occurred
• Causation: Accident victims must prove that the damages they suffered were a direct result of the liable party’s breach of duty

TBI injuries require immediate medical attention, but after visiting a doctor, your next call should be to the San Antonio brain injury lawyers at Pelaez Law Firm. Establishing the elements of liability in court can be a difficult task, but our experienced legal professionals are up to the challenge. In most cases, litigation won’t be necessary for either a mild traumatic brain injury or more severe brain injuries — because the majority of personal injury cases are resolved with settlement negotiations.

However, it’s rare for an insurance company to offer a fair settlement to those without legal representation. We will fight to ensure you’re not treated unfairly. Contact us today for a free consultation.

What Are Common Types Of Brain Injuries?

Traumatic brain injuries can be caused by a variety of circumstances and events, including car accidents, medical malpractice cases, defective products, slip and falls, assault, and battery, among many other occurrences. Common types of traumatic brain injuries include:

• Closed head injury – A blow to the head without penetration to the skull. These injuries may cause bruising or swelling on the brain as well as loss of consciousness
• Open head injury – A penetrating head injury. These injuries occur when something penetrates the skull, such as a bullet or tool. Open head injuries can cause severe damage to both the skull and brain tissue
• Concussion – A mild TBI where a person may not lose consciousness but will experience confusion, disorientation, loss of coordination, dizziness, headaches, and nausea

When someone suffers a traumatic brain injury, their life is forever changed. For many victims, the road to recovery is long and arduous, involving extensive medical treatment and rehabilitation. Often, these victims are unable to return to work or take care of themselves and must rely on the help of others for everyday tasks.

The effects of a brain injury are sometimes so severe that the victim is unable to live independently and must move into a long-term care facility. This can be an extremely difficult adjustment, both emotionally and financially, for the victim and their family. The costs of long-term care can be astronomical, and many insurance policies do not cover this type of care.

That is why it is so important for victims of severe traumatic brain injuries to have an attorney who will fight for their rights and ensure that they receive the maximum amount of compensation possible. This money can be used to help pay for medical bills, rehab costs, assisted living expenses, and other necessary expenses.

If you or someone you know has suffered a severe traumatic brain injury, please do not hesitate to call us at Pelaez Law Firm, Crash Angels. Our attorneys are dedicated to helping victims get the resources they need to rebuild their lives.

What Are Common Causes Of Traumatic Brain Injuries?

Brain injuries can occur in a variety of ways, but the most common causes include motor vehicle accidents, sports-related activities, and falls. Motor vehicle accidents are among the leading causes of traumatic brain injury (TBI) in the United States. These incidents may happen due to negligence on the part of another driver or as a result of unsafe road conditions.

Sports-related activities such as football, boxing, skiing, and soccer can also lead to traumatic brain injuries. The impact from being hit with a ball or other object, falling off a bike, or simply colliding with another player can cause head or brain injury which could have serious repercussions. Impact sports like these require proper safety equipment and coaching to ensure that players understand how best to protect themselves.

Falls are another leading cause of brain injuries. Slip and falls, elevator accidents, escalator accidents, and falling while climbing can all lead to TBIs. Many times, the people involved in these incidents were not aware of the potential danger they could face or did not have time to react appropriately.

Injuries that occur at work may also be covered by workers’ compensation if there was negligence on the part of the employer or unsafe working conditions.

If you have suffered a brain injury due to any of these causes, it is important to seek legal advice from experienced brain injury personal injury attorneys who can help you get the justice and compensation you deserve. Brain injuries can result in long-term medical complications as well as emotional trauma, so it is important to take the necessary steps to pursue your legal rights.

Should You Accept a Settlement for Your Brain Injury Claim?

A brain injury lawsuit can be a stressful undertaking, so personal injury victims often prefer to get a settlement without litigation. It’s also true that insurance companies prefer to avoid going to court when possible. Because of this, it’s not uncommon for insurance adjusters to quickly offer a settlement. In the case of a mild brain injury, this may be a simple, straightforward process. Perhaps the full scope of your medical expenses is clear, and maybe you suffered no lingering effects from the injury. However, this still doesn’t mean you should accept whatever the insurance provider offers.

Put simply, insurers are in the business of making money. This is something we frequently have to explain to our injury clients — because many of them assume that insurers are there to make them whole. In a perfect world, this is exactly how things would work. Unfortunately, big insurance providers would gladly pay out unfair settlements in order to increase their own profits. Whether you’ve suffered mild or serious injuries, this is a major reason you should work with an experienced legal professional.

A brain injury attorney in San Antonio will know all the tricks utilized by insurers. At Pelaez Law Firm, Crash Angels, our team of legal professionals deals with insurance companies on an ongoing basis. We know how to get the compensation our clients deserve, and if a fair settlement cannot be reached, we have no problems filing litigation to secure financial recovery. If you or a loved one have suffered injuries due to negligent acts, medical mistakes, criminal activity, or any other reckless behavior, our law firm is here to help.

What Damages Are Available To San Antonio Brain Injury Victims?

Brain injury victims may be able to receive compensation for a variety of different damages, both economic and non-economic. Economic damages are intended to help cover the financial costs associated with a brain injury, such as medical bills, lost wages, and future earning potential. Non-economic damages are intended to address more subjective issues, such as pain and suffering caused by the injury.

The damages you may be able to seek after an accident are:

• Medical Expenses – These include the costs of hospital stays and treatments, medications, physical therapy, and other medical bills related to the accident
• Lost Wages – If the injury caused you to miss work, you might be able to recover your lost income
• Pain and Suffering – This is non-economic damage intended to address the physical and emotional trauma caused by the injury
• Loss of Enjoyment – This is intended to compensate victims for their inability to engage in activities

Brain injury victims deserve justice for the suffering they have endured. A San Antonio brain injury lawyer who focuses on personal injury can provide the legal guidance to ensure these traumatic brain injury victims get the compensation they deserve.

With the help of an experienced attorney from our firm, you can be sure that your rights are being protected and that you are receiving the best possible outcome for your San Antonio TBI case.

Are Punitive Damages Possible in Your Case?

Suffering head trauma or any other incident that causes brain damage can change everything in a person’s life. This is why damages awarded to personal injury victims are often substantial. However, not all court awards are meant to compensate victims for losses. Special damages are meant to cover monetary losses (e.g., medical expenses, property damage, lost wages), and general damages compensate victims for non-monetary losses (e.g., pain and suffering, emotional distress). However, it’s also sometimes possible to secure punitive damages.

Rather than compensating the brain injury victim for losses, these damages are meant to punish the defendant for egregious acts. The goal is to minimize the likelihood of a similar incident occurring again in the future. For instance, perhaps an individual suffered a serious brain injury when a drunk motorist ran a red light and collided with their vehicle. Such damages are also possible when injuries occur due to willful acts, such as criminal assaults. When punitive damages are awarded, they’re often substantial in nature.

The potential for such damages is a major reason insurance companies try to avoid litigation when possible. The simple fact is that an insurance settlement is typically less than what could be secured in court. However, a brain injury lawyer in San Antonio may still recommend taking a settlement offer. This provides the opportunity to secure fair compensation while avoiding the time-consuming and costly process of litigation. Of course, every case is different — so filing a personal injury lawsuit may be the right move. Contact us today to discuss your case. We’ll help you figure out the next step.

How Soon Should I Call A Personal Injury Lawyer After Suffering A Traumatic Brain Injury?

It is important to seek legal advice as soon as possible after suffering a brain injury. An experienced brain injury lawyer in San Antonio can help you understand your rights and put together the best strategy for pursuing the compensation you deserve. The statute of limitations in most states gives victims two or three years from the date of their accident to file a brain injury lawsuit, so it is important to act quickly. This is especially true since the filing deadline for a personal injury claim can vary based on individual circumstances.

For instance, a person who suffers serious brain injuries in Texas usually has two years to file a case. However, they only have six months to file a notice with the government if their claim will target a government entity. This is far from the only nuance in Texas brain injury cases, so reaching out to a personal injury law firm immediately is in your best interest. At Pelaez Law Firm, Crash Angels, we can get started on your case right away. Your case will be handled directly by a San Antonio traumatic brain injury lawyer — not paralegals or legal assistants.

We know how important your case is, so if you or a loved one has suffered serious injuries, contact our law firm today.

What if You’re Partially Responsible for Your Injuries?

Personal injury lawyers frequently encounter cases where the injury victim is partially liable for the damages they suffered. For instance, perhaps an individual was speeding on the highway when a negligent motorist ran a red light. In such a situation, the blunt force trauma experienced by the speeding driver would certainly be the fault of the motorist who failed to stop. However, a jury might also believe that the victim could have possibly avoided injury had they not been speeding. Fortunately, such a finding does not mean the victim can’t recover damages.

That’s because Texas is a comparative negligence state. This means that personal injury victims can still recover damages if they’re partially responsible for the incident that caused them harm. The only caveat is that their compensation will be reduced by their own level of fault. For instance, a jury may decide that the aforementioned speeding driver was 10% responsible for their accident. In such a situation, a $1 million court award would be reduced by 10% — thus resulting in compensation of $900,000 for things like medical expenses, lost wages, and emotional suffering.

This is why it’s so critical to never make assumptions. Anyone who suffers a serious brain injury should speak with an experienced lawyer to better understand their options and how to best move forward. At Pelaez Law Firm, Crash Angels, our experienced legal team is here to assist. If you decide to work with our law firm, we’ll tirelessly advocate on your behalf to ensure the insurance company doesn’t take advantage of you. Contact our brain injury lawyers in San Antonio today for a free consultation.

What if You Lost a Loved One in a Brain Injury Incident?

Unfortunately, not everyone who suffers a brain injury survives the ordeal. Head trauma is easily one of the most catastrophic injuries that a person can sustain, and in many cases, victims succumb to these injuries. If you’ve lost a loved one in such a manner, you may be entitled to file a wrongful death claim. These claims are very similar to personal injury claims, but any eventual compensation goes to the decedent’s surviving family members or their estate.

How do you know if you qualify for a wrongful death claim? There are certainly many nuances to the law, but the requirements are essentially the same as personal injury cases. If a person would have been entitled to personal injury compensation had they survived, then their family is likely entitled to wrongful death damages after they pass on. Of course, this still means that the elements of liability must be established.

If a settlement cannot be reached, family members may be able to secure the following damages:

• Burial and funeral expenses
• Loss of financial support
• Loss of companionship
• Loss of services (e.g., household contributions)

The loss of a loved one is a devastating outcome. The only thing that can make such a situation worse is if this loss was completely avoidable. Negligent, reckless, and wrongful acts should not go unpunished — particularly in instances where they result in a loss of life. Fortunately, it’s possible to hold liable parties responsible for their actions. Whether it was a motorist engaged in unsafe driving or a multi-national company putting out an unsafe and defective product, surviving loved ones can seek justice through the legal system.

At Pelaez Law Firm, Crash Angels, our dedicated team of brain injury attorneys in San Antonio is here to help. Don’t wait to seek help. Reach out today.

Contact a San Antonio Brain Injury Lawyer Today

Navigating the complexities of a personal injury case can be a stressful and challenging endeavor. It often seems like victims have to plead with the insurance company of the liable party for any compensation, and unfortunately, the settlements insurers offer are frequently unfair. The only thing more stressful than this is the prospect of facing a personal injury lawsuit on your own. Luckily, this is not a burden you have to take on alone. With a dedicated legal advocate on your side, you can focus on healing while your attorney handles the heavy lifting.

If you have suffered a brain injury due to someone else’s negligence, contact our team of experienced San Antonio brain injury lawyers at Pelaez Law Firm, Crash Angels today about your case. We will take the time to review your claim and provide you with sound legal advice on how best to proceed with your brain injury case. Our team understands how difficult this situation can be, and we are here to help you get the justice and financial compensation you deserve. Call us today for a free, no-obligation consultation with our brain injury lawyers at (210) 801-9314.