Houston, Texas Brain Injury Lawyer

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A Brief Summary of the Following Page

  • Duty of Care: Medical professionals have a duty to provide care meeting the standards of their profession, and failure that results in brain injury may constitute negligence.
  • Liability: Establishing fault after a brain injury involves identifying the negligent party (e.g., doctor, nurse) whose failure to uphold the standard of care directly caused the injury, requiring comprehensive evidence collection.
  • Compensation: Victims can recover costs for medical bills, lost wages, pain and suffering, and more, with Texas law capping non-economic damages at $250,000 to $500,000 depending on the case specifics.
  • Legal Assistance: Davis & Davis in Houston, Texas, helps provide support in brain injury claims, offering in-depth legal support from filing claims to court representation, ensuring victims’ rights are protected and advocating for maximum compensation.
  • To learn more about our services and the best path forward, call us at (888) 522-9444 or fill out our contact form.

When you go to the hospital or see your doctor for brain injury symptoms, you trust them to listen to you, run all the appropriate tests, and perform the necessary procedures. This is called duty of care, and it refers to the acceptable degree of medical care that any healthcare worker of similar experience and knowledge in a similar situation would provide. If a medical professional has neglected this duty and caused or worsened your brain injury, our Davis & Davis brain injury lawyers in Houston, Texas are here to help. Our experienced team works hard to help you obtain the compensation you need to rebuild your life. 

With over 70 years of combined experience and over 300 jury trials handled successfully, you can trust us to take on your claim no matter the circumstances. We are not afraid to face a challenge and will do everything we can to get you the justice you deserve. Our compassionate Houston brain injury lawyers take the time to listen to your story and develop a personalized plan based on your needs and goals so that you can make informed decisions and have the best chance of achieving full compensation. 

What Are The Signs of Brain Injuries?

The symptoms of a brain injury can vary widely depending on the severity and location of the injury. Mild TBIs, often referred to as concussions, can present with symptoms such as headache, confusion, dizziness, blurred vision, or changes in sleep patterns. Some individuals might experience cognitive or emotional symptoms like memory problems, mood swings, or difficulty concentrating. These symptoms can emerge immediately following the occurrence or may develop over days to weeks.

In cases of more severe brain injuries, the symptoms can be more pronounced and alarming. These may include loss of consciousness for several minutes to hours, persistent headache or headache that worsens, repeated vomiting or nausea, dilation of one or both pupils of the eyes, profound confusion, or other unusual behavior. 

It’s also important to note that in children, the signs of a brain injury can be subtler, such as changes in eating or nursing habits, persistent crying and inability to be consoled, and unusual or prolonged irritability. Given the potentially serious nature of brain injuries, seeking immediate medical attention is imperative, even if the symptoms seem mild at first.

Establishing Liability After a Brain Injury

When a medical professional owes you a duty of care, fails to uphold this duty, and directly causes your injuries and other damages, you are entitled to hold them accountable for their negligence and file a claim for your damages. However, identifying the at-fault party while actively recovering from a brain injury can be difficult and overwhelming to do on your own. When you partner with a brain injury attorney in Houston, they can help you gather and analyze evidence to determine who caused your injuries, which may include one of the following parties:

  • Doctor
  • Surgeon
  • Anesthesiologist
  • Pharmacist
  • Nurse
  • Other reckless parties

Most brain injuries caused by human error are preventable, making them even more devastating. Though doctors are human and are not free from making mistakes, they are held to a higher standard of conduct because of their specific training and education. By meeting these standards, the potential for causing patients’ brain injury is minimized. When medical professionals neglect this standard through reckless behaviors or actions, our Houston brain injury lawyers are here to help gather the evidence needed to prove their fault and build a strong claim to achieve a successful outcome.

What Damages Can You Recover for a Houston Brain Injury Claim?

At Davis & Davis, we understand the physical, emotional, and financial effects that a brain injury can have on your life. Therefore, our brain injury lawyers in Houston fight tirelessly for maximum compensation, which may include the following costs depending on your circumstances:

  • Past, present, and future medical bills
  • Lost wages from missed work
  • Loss of earning capacity
  • Rehabilitation
  • Prescribed medication
  • Pain and suffering
  • Mental anguish
  • Disability
  • Reduced quality of life

While some of these damages, like medical bills and lost wages, are relatively straightforward to calculate, others, like pain and suffering, are often more complicated. Our knowledgeable brain injury lawyers in Houston, TX understand how to accurately determine your claim’s value so that you have the best chance of achieving a fair settlement. 

Additionally, it’s important to note that Texas law places a cap on non-economic damages, which include pain and suffering, reduced quality of life, and emotional distress. For cases involving doctors, other healthcare providers, and a single institution, the damage cap is $250,000. If your claim involves multiple institutions, you may claim up to $500,000 in non-economic damages.

Infant Brain Damage Lawyers

Infants are especially susceptible to brain damage in the first few years of life. In proportion to the rest of their body, an infant’s head is much larger and much heavier, making it easier to injure that part of their body. Their skulls are still fusing and forming, making even a small bump or squeeze from a misused birthing tool potentially dangerous. 

Your doctor has full knowledge of this, which makes medical malpractice cases even more serious. When your infant has suffered brain damage due to a doctor or healthcare professional’s negligence, the team at Davis & Davis is ready to effectively manage every element of your claim, including the following:

  • Thoroughly investigating your claim
  • Collecting and assessing any potentially relevant evidence
  • Answering your questions
  • Filing your claim within the two-year statute of limitations
  • Utilizing resources like medical professionals to strengthen your claim
  • Negotiating with the insurance company on your behalf
  • Taking your claim to court if necessary

Infant brain injury cases are often complex, making them challenging to handle without a Houston brain injury lawyer’s help. Our seasoned team is skilled in medical malpractice, so we understand what it takes to successfully take on your child’s case. With our top-tier, hands-on services, you can have the peace of mind that you are in the right hands. 

How Long Do You Have to File Your Medical Malpractice Claim in Texas?

In Texas, the statute of limitations for filing a medical malpractice claim, including those related to brain injuries, is typically two years from the date of the malpractice or from when the malpractice could reasonably have been discovered. However, this rule can vary, especially in cases involving minors or specific circumstances. For example, it can sometimes take weeks, months, or even years to determine your child has suffered a brain injury due to the negligence of a medical professional. 

In cases like this, our team can help establish a date of discovery and take over the process of filing your claim and handling the complex legalities of your case for you. It’s important for individuals considering a malpractice claim to understand these time constraints, as failing to file within the specified period can result in losing the right to seek compensation.

Will Your Case Go to Court? 

Whether your medical malpractice case related to a brain injury will go to court in Texas depends on several factors. Each case is unique, and while many cases are resolved through settlements outside of court, some may require a trial. This determination often depends on the complexity of the case, the evidence available, the degree of disagreement over responsibility, and the amount of compensation being claimed. If a worthy settlement agreement cannot be reached, we are trial tested and proven to take your case to court and defend you and your child’s future in front of a judge or jury. 

The qualified team of medical malpractice lawyers at Davis & Davis is prepared to guide you through the process, aiming for the best possible outcome, whether through settlement or court proceedings.

Schedule a Free Consultation with a Trustworthy Houston, Texas Brain Injury Lawyer at Davis & Davis 

Sustaining a brain injury due to a medical professional’s negligence can affect all aspects of your life. You deserve representation that will fight for your rights and maximum compensation. Our Davis & Davis brain injury lawyers in Houston, TX are committed to fiercely advocating for victims of medical malpractice in Texas and across the nation. While you take the time you need to heal, we work hard to protect your future.

In our 70 years of collective experience, we proudly serve and support you and your family. Our caring team’s skilled services begin when you call us to schedule a free consultation. To learn more about our services and the best path forward, call us at (888) 522-9444 or fill out our contact form. Davis & Davis accepts referrals from Texas brain injury attorneys and law firms nationwide.