Austin Traumatic Brain Injury Lawyer

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Rian Butler, personal injury attorney
Lead Attorney At Butler Injury Law

Suffering a traumatic brain injury (TBI) can be one of the most devastating experiences for both the victim and their family. Brain injuries can affect every aspect of a person’s life, from their ability to work to their personal relationships and overall quality of life. If you or a loved one has experienced a brain injury in Texas due to an accident or the negligence of another party, seeking the expertise of an Austin brain injury attorney is essential.

At Butler Injury Law, we understand the challenges that brain injury survivors face. We offer compassionate, expert legal support to help victims of traumatic brain injuries (TBI) pursue justice and secure the compensation they deserve. Our legal team specializes in handling complex brain injury cases, ensuring that our clients are well-represented in their pursuit of fair compensation.

Why Hiring an Austin Traumatic Brain Injury Lawyer Is Crucial

Traumatic brain injury claims can be complex, requiring both legal expertise and a deep understanding of medical conditions. If you or a family member has sustained a brain injury, hiring an Austin traumatic brain injury lawyer can help you navigate the intricacies of the legal system. With the right legal support, you can focus on healing while we handle the complexities of your case.

When you work with an Austin brain injury attorney at Butler Injury Law, we conduct a thorough investigation of the circumstances surrounding the injury. We gather medical records, consult with medical experts, and collaborate with economic specialists to determine the true impact of the injury on your life. Whether you have suffered a mild concussion or a serious brain injury, our goal is to secure full compensation for medical bills, lost wages, and the long-term costs associated with your recovery.

Types of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) vary significantly in severity, and they can result in long-term complications. The type and severity of the injury will determine the treatment needed and the overall prognosis for recovery. Some of the most common types of TBIs include:

Concussions

Concussions are the most common form of brain injury, often caused by a blow to the head or a sudden jolt that causes the brain to move inside the skull. While typically considered “mild,” concussions can have lasting effects, especially if the individual sustains multiple concussions over time.

Contusions

A contusion is a bruise on the brain caused by an impact that damages brain tissue. These injuries often lead to swelling and require medical monitoring to prevent further complications.

Diffuse Axonal Injury (DAI)

Diffuse axonal injury occurs when the brain moves rapidly inside the skull, causing the nerve fibers to tear. This type of injury is common in severe car accidents and can lead to permanent cognitive or physical impairments.

Penetrating Brain Injuries

Penetrating brain injuries happen when an object pierces the skull and damages brain tissue. These injuries are often life-threatening and require immediate, intensive medical treatment.

Understanding these types of traumatic brain injuries is essential for receiving the correct medical treatment and pursuing a successful brain injury claim.

Common Causes of Traumatic Brain Injuries

Brain injuries can be caused by a variety of accidents, and many of these events are preventable. Some of the most common causes of TBIs include:

Vehicle Accidents

Auto accidents, motorcycle and scooter accidents are a leading cause of traumatic brain injuries. Whether due to a collision, a rollover, or an impact from an airbag, vehicle accidents often result in head and brain injuries. In severe cases, these injuries can have long-term consequences that affect a person’s ability to live independently.

Falls

Falls, particularly in elderly individuals or in workplaces, are another common cause of traumatic brain injuries. Slips, trips, and falls can lead to concussions or more serious head injuries, depending on the severity of the fall.

Sports Injuries

Contact sports like football, hockey, and boxing are known to contribute to brain injuries. Athletes who experience repeated head trauma may be at risk for long-term complications such as chronic traumatic encephalopathy (CTE).

Violence and Assault

Brain injuries can also result from violent acts such as assaults, domestic violence, or gunshot wounds. These injuries are often more complicated to treat and can lead to significant cognitive impairments.

When any of these accidents occur due to someone else’s negligence, victims may be entitled to file a personal injury lawsuit to seek compensation for their medical bills, lost wages, and other damages related to their injury.

The Importance of Early Medical Treatment for Brain Injuries

If you have suffered a head injury, seeking medical attention immediately is crucial. Even mild brain injuries, like concussions, can have lasting effects if not properly treated. Brain injuries can be difficult to diagnose in the early stages, and symptoms may not always be immediately apparent. Immediate medical attention allows for proper diagnostic testing, including CT scans or MRIs, which can detect bleeding or damage to the brain tissue.

Early intervention can also improve your chances of recovery by preventing further damage. In some cases, brain injuries lead to complications like infections, seizures, or even brain death if left untreated. Seeking immediate medical care not only helps ensure better recovery outcomes but also strengthens your personal injury claim by documenting the extent of your injuries.

How a Brain Injury Attorney Can Help

A traumatic brain injury lawyer plays a crucial role in helping victims navigate the legal process. An experienced brain injury attorney in Austin can help you gather the necessary evidence, consult with medical and vocational experts, and advocate for your rights. We handle all aspects of your case, including filing paperwork, negotiating with insurance companies, and representing you in court if necessary.

At Butler Injury Law, we understand that a traumatic brain injury can affect every part of your life. We provide personalized legal strategies designed to secure compensation for your medical expenses, rehabilitation costs, lost income, and pain and suffering. Our legal team is dedicated to helping brain injury survivors get the support they need to move forward with their lives.

What Damages Can You Recover in a Brain Injury Case?

If you or a loved one has sustained a brain injury due to another person’s negligence, you may be entitled to compensation. Damages that can be recovered in a brain injury lawsuit include:

  • Medical Expenses: This includes the cost of emergency care, surgery, ongoing treatment, rehabilitation, and medications.
  • Lost Wages: Compensation for the income lost due to the inability to work during your recovery period.
  • Pain and Suffering: Non-economic damages for the physical and emotional distress caused by the injury.
  • Future Medical Costs: If the injury leads to long-term care needs, such as physical therapy or home modifications, these costs may be included in your claim.
  • Loss of Quality of Life: Compensation for the impact that the injury has on your ability to perform daily tasks or enjoy activities you once did.

A skilled brain injury lawyer will work to ensure that all damages are accurately calculated and that you receive the full compensation to which you are entitled.

How Does a Traumatic Brain Injury Lawyer Determine Liability?

When your traumatic brain injury was caused by another party’s reckless actions, liability must be established in order to recover compensation for your losses. When you want to pursue legal action against the party who hurt you, a lawyer assists you with filing a personal injury claim and fulfilling the legal requirements that are associated with it.

One of those components is identifying and establishing which party was negligent and, therefore, liable. This forms the foundation of personal injury cases and must be demonstrated before a settlement can be issued.

The standard of negligence is made up of four elements, and your lawyer must provide evidence to satisfy each one.

The first step is to show that the other party owed you a duty of care to reasonably prevent harm from befalling you. The next stage demonstrates that they breached their duty to you when they failed to act responsibly and take all necessary precautions.

The third step links their actions to your injuries as a direct cause and effect. Lastly, once negligence is established, the party at fault must pay for your losses to ease the financial burden you are under.

Additionally, there may be times when an individual is partially at fault, or multiple parties may have been involved in the event that caused your traumatic brain injury. In these instances, each party’s level of liability must be established to determine who is at fault and how damages are distributed.

According to Texas Civil Practice and Remedies Code Chapter 33, each party is assigned a percentage that reflects their contribution to the accident. The value of compensation is then reduced in proportion to the percentage of fault they are assigned. Any party responsible for more than 50% of the accident will be barred from recovering compensation for their losses, even if they are injured.

Why Choose Butler Injury Law to Handle Your Traumatic Brain Injury Case?

At Butler Injury Law, we understand the life-altering impact a traumatic brain injury can have on you and your family. Our Austin traumatic brain injury attorneys approach every case with compassion and dedication, leveraging our extensive experience to advocate for the justice and compensation you deserve.

From investigating the accident to collaborating with medical and vocational experts, we meticulously build a case that reflects the full extent of your losses. Our personalized approach ensures that you are supported every step of the way, with clear communication and tailored legal strategies designed to address your unique needs.

If you are ready to take the first step toward reclaiming your life, contact us today at 737-252-8445 or visit our contact form.

Traumatic Brain
Injury FAQs

A concussion is a mild traumatic brain injury caused by a blow to the head or by quick acceleration/deceleration movement (such as whiplash) without a direct blow to the head. Most people fully recover within weeks or months, but some experience persistent symptoms. Symptoms vary from person to person and can range from headaches to cognitive issues such as difficulty focusing, to speech or vision issues, to personality or mood changes, as well as a broad range of other issues. Even if this is a first concussion, it’s important to seek medical care as soon as possible.

Brain injuries are categorized by doctors as mild, moderate, or severe. These labels are clinical terms based on objective scoring and do not necessarily accurately describe the severity of any particular person’s symptoms. A mild TBI is still a brain injury and can have serious, long-term impacts on someone’s day-to-day functions and enjoyment of life. It’s important not to disregard a “mild” diagnosis or forego treatment based on this label but to seek medical treatment from specialists for the particular symptoms that follow a TBI.

Recovery time for mild TBI can vary. Many people improve significantly within weeks or months, while others suffer the effects for much longer. TBI symptoms can be very personalized, and long-term needs will change based on the specific impact on each person. Some people might need lifelong help, while others are back to their normal day-to-day activities relatively quickly.

No, emergency rooms might not always diagnose a traumatic brain injury correctly when someone has suffered one. Here are a few key points:

  • Milder TBIs, like concussions, are commonly missed in ER screenings, especially if symptoms are subtle. Concussions frequently go undiagnosed.
  • More severe TBIs can also be missed initially if the injury is not obvious based on scans and outward symptoms. A mild TBI, by definition, includes normal imaging, but traditional MRI and CT scans performed at ERs do not always show evidence of a brain injury. 
  • Some signs of severe TBI, like cognitive deficits, may not appear until later.
  • ER doctors are often focused on ruling out immediate life-threatening injuries, so subtle neurological issues can be overlooked.
  • Standard ER evaluations are not specialized for picking up TBIs. Diagnosis may require detailed neurological exams by specialists and follow-up brain imaging tests.
  • Patients may downplay or fail to report key TBI symptoms like headache, confusion, or memory loss to ER staff. Patients who have experienced a loss of consciousness often do not realize they did and report no loss of consciousness to their ER doctor. This can lead to a missed diagnosis.

So, while ERs can pick up obvious severe TBIs like those with visible trauma or significant loss of consciousness, they frequently miss more subtle neurological injuries.

Potential TBI symptoms are very broad and vary from person to person. Common symptoms include headaches, dizziness, confusion, vision and hearing issues, balance issues, memory and concentration problems, mood and personality changes, anxiety and depression, difficulty sleeping, and speech issues. Symptoms may not be apparent at first and can develop in the hours, days, or weeks following an injury.

Rian Butler, personal injury attorney

About Our Attorney

Rian Butler

Lead Attorney At Butler Injury Law

Rian Butler is a dedicated personal injury attorney based in Austin, Texas, known for his strong commitment to advocating for individuals against large corporations. Before establishing his own personal injury law firm, Rian played a pivotal role in managing economic loss claims related to the Deepwater Horizon oil spill, helping clients recover over $50 million. As the lead attorney at Butler Injury Law, he continues to represent clients in cases involving auto accidents, premises liability, and workplace injuries, providing personalized attention and a relentless pursuit of justice. Clients frequently commend Rian for his empathetic approach, clear communication, and ability to secure favorable resolutions efficiently.