When an accident interferes with your ability to think, communicate, move, or feel because of a catastrophic brain injury, you require help from a San Antonio traumatic brain injury lawyer. Suffering a brain injury because of someone else’s negligence should not be the end of your story. Fight for justice and repayment through the civil justice system in Texas with assistance from the Law Offices of Maloney & Campolo. Our San Antonio personal injury attorneys care about your future.

Benefits of Hiring The Law Offices of Maloney & Campolo

  • We put clients first. Our lawyers always give personal injury clients the care and attention they need. Our lines of communication are open 24/7 for questions or concerns.
  • We have a proven history of success. Our background in personal injury law has come with a 95% success rate. We’ve collectively secured more than $150 million for clients.
  • We do not charge unless you win. You will pay $0 in upfront fees, and will only have to pay for our legal services if we secure you a financial award.

Do You Need a Brain Injury Lawyer in San Antonio?

Each brain injury is unique. It is impossible to predict how a particular brain injury will affect an individual. Many victims suffer lifelong changes and disabilities after catastrophic brain injuries. With so much on the line, it is crucial to hire a San Antonio brain injury attorney to protect your best interests. A lawyer will make sure you do not accept less for your claim than its true value. Your attorney can represent your case in court if necessary for fair financial recovery. You should not have to deal with the legal process while also recovering from a brain injury. Let a San Antonio traumatic brain injury attorney do the hard work for you.

Compensation You Can Receive for a Traumatic Brain Injury

Treating a head or brain injury can be expensive, patients could be in the hospital for long periods of time and require rehabilitation services once discharged. A brain injury lawsuit can hold a negligent party accountable for their actions and compensate you for your losses. A settlement can include different losses suffered after the accident such as lost wages due to time away from work, cost of medical treatment (past and future), funeral and burial expenses (for the loss of a loved one), lost earning capacity, psychological pain and suffering, loss of enjoyment of life, and others. The attorneys from the Law Offices of Maloney & Campolo can help you recover full compensation for your brain injury case.

Statute of Limitations for Filing a Brain Injury Case

If you suffer a brain injury in San Antonio and wish to hold someone responsible, you need to act quickly. Otherwise, you could miss your deadline and lose the right to recover financial compensation. There is a strict time limit of two years on your ability to file under Texas Civil Practice and Remedies Code §16.003:

Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.

In general, you must file your brain injury personal injury lawsuit within two years of the date of your harmful accident. If your brain injury isn’t discovered immediately, however, you may have two years from the date of reasonable discovery.

There are some exceptions to the rule that can lead to a shorter or longer filing deadline in special circumstances. An injury claim brought against the government, for example, must be filed within just 45 days in San Antonio.

Who Can Be Held Liable for a Brain Injury?

As a brain injury survivor in San Antonio, you may be able to recover financial compensation for your medical bills and various other losses by holding someone liable for your injury. You can prove liability by providing evidence of fault against one or more parties. The liable party will depend on the cause of your brain injury.

Possibilities include:

  • A motor vehicle driver
  • A property owner
  • A product manufacturer
  • A medical provider
  • An employer
  • A government agency

Determining liability takes an understanding of negligence. The person or party that owed you a duty of reasonable care, breached or broke their duty of care, and caused your harmful accident can be held responsible for the consequences – including a life-changing traumatic brain injury. These elements must be proven to establish liability.

What a Brain Injury Lawyer Can Do for You

Brain injuries are incredibly serious and must not be underestimated. Yet insurance companies will do anything they can to underpay claimants. Hiring an attorney can help you be seen and heard during the insurance process. Your lawyer will provide evidence to the insurance company proving the severity and extent of your brain injury and related losses.

Your attorney will be prepared to help you and your family get through the challenging aspects of your legal claim. An attorney can hire expert witnesses, return to the scene of the accident, determine the cause of your brain injury, connect you to top neurologists in San Antonio for treatments and take over negotiations with an insurance claims adjuster for you.

You may have to bring your brain injury claim against powerful adversaries, such as insurance companies, major corporations and government agencies. Hiring an experienced attorney lets you balance the scales. Your attorney will build evidence-driven legal arguments against the defendant that seek maximum compensation for your past and future losses. In the meantime, you can focus on healing.

Types of Traumatic Brain Injuries

A catastrophic brain injury is one that severely impacts the individual. It may cause permanent brain damage, disability, coma, or death. Traumatic brain injuries typically require lengthy hospital stays and expensive medical treatments during recovery. Some patients may require lifelong care. Even less-catastrophic brain injuries can take a serious toll on the individual.

  • Traumatic brain injury (TBI). A traumatic brain injury happens from external trauma, such as a bump or blow to the head. It can cause the brain to strike the inside of the skull or tear the brain stem.
  • Acquired brain injury (ABI). Someone may sustain an acquired brain injury if something internal harms the brain, such as lack of oxygen or blood supply. Lack of oxygen can cause permanent brain cell death.
  • Open vs. closed head injury. A head injury may or may not affect the brain. An open head injury involves a cracked, fractured, or punctured skull, while a closed head injury does not.

Any type of brain injury can cause significant physical pain, emotional suffering, mental anguish, medical bills, lost wages, and other damages. If you believe someone else negligently or intentionally caused you or a loved one’s brain injury, you may be able to get these damages back in the form of an insurance settlement or jury verdict. Have an experienced San Antonio traumatic brain injury lawyer review your case and determine if you’re entitled to compensation.

Common Causes of Brain Injuries

Identifying who or what caused a brain injury is the beginning of a personal injury claim. The defendant will be the party most at fault for causing the injury, such as a drunk driver or negligent employer. Catastrophic brain injuries can happen in many different accidents such as pedestrian accidents or slip and fall. In most of these cases, a San Antonio premises liability attorney can help hold a negligent establishment responsible for your injuries. If a negligent driver caused your injuries, a pedestrian accident attorney in San Antonio can help you with your claim. Other accidents that could result in a brain injury include:

If you need help investigating your claim, identifying the defendant, and determining liability, hire a San Antonio traumatic brain injury attorney. Your lawyer can help you determine the identity of the defendant, something you must do before you can file a claim

Contact A San Antonio Brain Injury Lawyer From TheLaw Offices of Maloney & Campolo Today

Speak to a brain injury lawyer today in San Antonio, Texas. Contact our law office to schedule a free consultation, or call (210) 922-2200 to find out if you have a case.