Filing a Traumatic Brain Injury Claim in Houston

Filing a Traumatic Brain Injury Claim in Houston

Traumatic brain injury cases are very serious and should be handled delicately in order to ensure the head injury victim is able to get the maximum compensation available to them. This is especially important because medical care may be needed for the rest of the victim’s life. Attorney Beverly R. Caruthers is an experienced traumatic brain injury lawyer in Houston that provides free case evaluations to individuals that have suffered an injury from a blow or jolt to the head during a car accident.

What Qualifies as a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a head injury that typically is caused from a forceful bump, blow, or jolt to the head or body. Not all blows or jolts to the head result in a TBI and some injuries are classified as mild TBI. Mild TBI can cause temporary or less severe disruptions to brain function.

There are two main classifications of head injuries: Penetrating and non-penetrating.

  • Penetrating TBI: occurs whenever an object pierces the skull and penetrates the brain tissue. Penetrating TBI typically damages only part of the brain. This can be from debris, bone fragment, metal, and more.
  • Non-penetrating TBI: is caused by an external force strong enough to disrupt the brain within the skull. This can occur from being jerked around, slamming into a surface, and more.

Some TBI victims may suffer from both penetrating and non-penetrating injuries. If you or a loved one has suffered from a traumatic brain injury due to negligent or reckless actions of another driver, we want to help you.

How To File A Successful Brain Injury Claim

If you get a brain injury because of an accident or someone else’s carelessness, you can get money for it. Here are the things you need to do:

1. Know The Four Elements Of Negligence  

In a personal injury claim for brain damage, you’ll usually need to show the four elements of negligence to get money for your injury.

The elements of negligence include:

Duty of Care: The party owes you a duty of care or a duty of reasonable care. For example, people who operate motor vehicles owe it to others on the road to do so safely. When taking care of patients, doctors and nurses are expected to follow a minimum standard of care. Owners of private residences and businesses are responsible for ensuring their guests are safe at all times.

Breach of Duty of Care: The party in question failed in their duty of care to you. Some examples are:

  • When an accident occurred because a driver disregarded traffic signals and failed to yield.
  • The property owner should have warned you or fixed the problem but did neither.
  • The product in question needed more adequate warnings because of the manufacturer’s oversight.


Causation: The defendant’s breach of duty caused this injury. You got hurt because of something the other person did or didn’t do.

Damages: You were hurt; thus, you lost money and had to pay medical bills.

When someone has a brain injury, it may be very hard to prove the elements of negligence that the law requires.

2. Conduct An Exhaustive Investigation

Suppose you want to know who is at fault for each element that contributed to your injuries. In that case, you need to conduct an exhaustive investigation into the events leading up to the accident. You also have to show that your injuries are a direct result of the negligent activities of another party. You need to get checked out by a doctor immediately following the accident. The insurance company may try to say your injuries aren’t related to the accident if you wait too long to get help.

If you had a brain injury in a car accident, the careless driver could be made to pay for your pain and suffering and any extra medical bills, lost wages, and other financial losses you had because of the accident.

3. Ask For Assistance From Specialists

Accordingly, you shouldn’t turn down emergency help after an accident. Some people in accidents may have traumatic brain injuries (TBIs) such as concussions and not know it. Paramedics on the scene might be able to see the signs that someone needs emergency care and suggest that they go to the hospital.

If you go to the emergency room soon after leaving the scene of the accident, it’ll be harder for the insurance company to say that the accident didn’t cause your TBI. After you’ve been treated for a TBI and been given a diagnosis, your medical records will help your compensation claim.

Spanish Speaking Car Accident Lawyer in Houston, Texas

Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.

Traumatic Brain Injury Attorney in Houston, Texas

If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!


Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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