Traumatic brain injuries can be life-altering injuries. They often require long-term medical support and result in complications that make the victim’s life harder. The victim’s relationships with loved ones can also change. These serious injuries can also have a dramatic effect on someone’s finances, draining them with medical bills and preventing them from working.
If you or a loved one sustained a brain injury due to someone else’s negligence, you may be able to file a San Antonio brain injury claim to recover compensation for your losses. Here is what you need to know about filing a traumatic brain injury lawsuit.
The Role of Insurance Policies During a TBI Claim in Texas
Many times, an insurance policy may be in place to help cover these injuries. For example:
- Liability insurance may apply if another driver is found to be at fault in a motor vehicle accident.
- Medical malpractice insurance might apply if a negligent healthcare provider harmed you.
- Workers’ compensation insurance might apply if you were injured while working.
- General commercial liability insurance may apply if you were injured at a store or due to an employee’s actions at a business.
- Homeowner’s or renter’s insurance might apply if you were injured while visiting someone else’s property.
When an insurance policy covers the type of injuries you sustained, you may be able to file a claim and recover compensation through the insurance company rather than having to file a lawsuit. Additionally, you may have health insurance or short- or long-term disability insurance that might help you pay your medical bills while your legal claim is pending.
Proving Your Texas Brain Injury Claim
Whether you file an insurance claim or a lawsuit, you bear the burden of proof. You are responsible for showing that the following facts are more likely than not true:
The Defendant Owed You a Duty of Care
You must show that the defendant owed you some legal duty to avoid injuring you. For example, motorists must follow traffic rules and avoid colliding with other motorists. Doctors owe patients a standard of care comparable to what other doctors in the same area would provide under similar circumstances.
The Defendant Breached the Duty of Care
Next, you must prove with convincing evidence that the defendant breached their duty of care. For example, a motorist caused a car accident that injured you by speeding or texting while driving, or a doctor deviated from the standard of care.
The Defendant’s Breach Caused Your Brain Injury
You must also show that the defendant’s breach of the duty of care is what actually caused your injuries and not something else. Evidence may help establish this legal element, such as:
- Video footage
- Accident reports
- Photos of the accident scene
- Witness statements
- Expert witness reports and testimony
- Business records
You Suffered Damages
Finally, you must show that you suffered damages as a result of the accident, such as medical expenses or lost wages.
Contact Us for a Free Case Review
If you or a loved one sustained a traumatic brain injury, the San Antonio personal injury attorneys at George Salinas Injury Lawyers can guide you through the legal process of filing a lawsuit to seek compensation for your injuries. Contact us today to get started with a free consultation.