How to Prove Negligence in a Traumatic Brain Injury Case
A traumatic brain injury (TBI) can have devastating effects on an individual’s life, impacting physical health, cognitive abilities, and emotional well-being. In Texas, when a TBI results from another party’s negligence, the injured person has the right to pursue compensation.
However, proving negligence in a TBI case is critical to recovering damages, and this process involves meeting specific legal requirements.
At Rodman Law Office in Austin, Texas, I understand the challenges that come with proving negligence in these cases. This article explains the essential elements of negligence and the steps involved in demonstrating liability under Texas law.
Reach out to me for help from an experienced personal injury lawyer.
Defining Negligence in Texas
Negligence occurs when a person or entity fails to act with the level of care that a reasonable person would exercise under similar circumstances. In personal injury cases, this failure must directly cause harm to another party.
For example, a driver who runs a red light and causes an accident resulting in a TBI may be considered negligent if their actions deviate from reasonable behavior. Proving negligence requires meeting four key elements: duty, breach, causation, and damages.
Establishing a Duty of Care
The first step in proving negligence is showing that the defendant owed the plaintiff a duty of care. This duty arises in many contexts. For instance, drivers have a responsibility to operate their vehicles safely and follow traffic laws, while property owners must maintain their premises to prevent hazards that could harm visitors.
In a TBI case, the specific duty of care depends on the circumstances of the injury. For example:
A construction company has a duty to provide a safe work environment for its employees.
A landlord must maintain rental properties to avoid dangerous conditions like collapsing ceilings.
Demonstrating the existence of a duty is the foundation of a negligence claim.
Proving a Breach of Duty
Once a duty of care is established, the plaintiff must show that the defendant breached this duty. A breach occurs when the defendant’s actions or inactions fall below the standard of care expected in the situation.
For example, in a slip-and-fall case leading to a TBI, a breach might involve a property owner failing to fix a known hazard or neglecting to warn visitors of a slippery floor. Similarly, in a car accident, a driver might breach their duty by texting while driving or speeding.
Proving a breach often involves gathering evidence such as eyewitness testimony, surveillance footage, or records showing prior knowledge of a dangerous condition.
Demonstrating Causation
Causation is a critical element in negligence cases and requires proving that the defendant’s breach of duty directly caused the plaintiff’s injury. Texas law recognizes two types of causation:
Actual cause (cause-in-fact): This means the injury wouldn’t have occurred without the defendant’s actions.
Proximate cause: This refers to whether the injury was a foreseeable result of the defendant’s conduct.
For example, if a driver runs a stop sign and collides with another vehicle, causing the driver to sustain a TBI, the negligent act (running the stop sign) is both the actual and proximate cause of the injury.
Causation can sometimes be contested, particularly when pre-existing conditions or other factors are involved. Medical records, expert testimony, and accident reconstruction reports can help establish the connection between the defendant’s actions and the TBI.
Proving Damages
The final element of a negligence claim involves showing that the plaintiff suffered damages due to the injury. In TBI cases, damages can include:
Medical expenses: Costs for hospital stays, surgeries, rehabilitation, and ongoing care.
Lost wages: Income lost due to the inability to work during recovery.
Loss of earning capacity: The long-term impact on the plaintiff’s ability to earn income.
Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
Evidence such as medical records, billing statements, and testimony from medical professionals can demonstrate the extent of damages with the help of a personal injury lawyer.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, which means that a plaintiff can recover damages only if they’re less than 51% at fault for the accident. However, their recovery will be reduced by their percentage of fault.
For example, if a plaintiff is found to be 20% responsible for an accident and is awarded $100,000 in damages, they’d receive $80,000 after the reduction.
The defendant may argue that the plaintiff contributed to their own injuries to reduce or eliminate liability. Anticipating and countering these arguments is crucial in maximizing compensation.
Gathering Evidence in TBI Cases
Proving negligence in a TBI case often requires comprehensive evidence to support each element of the claim. This evidence may include:
Accident reports: Police or incident reports detailing the circumstances of the injury.
Photographs and Videos: Visual documentation of the accident scene, injuries, or hazardous conditions.
Eyewitness testimony: Statements from individuals who witnessed the accident or the defendant’s behavior.
Medical records: Detailed documentation of the TBI diagnosis, treatment, and prognosis.
Expert opinions: Testimony from medical professionals, engineers, or accident reconstruction specialists.
Thorough preparation and meticulous documentation strengthen the plaintiff’s case.
Statute of Limitations for TBI Claims in Texas
In Texas, the statute of limitations for personal injury claims, including TBI cases, is generally two years from the date of the injury. Filing a claim within this timeframe is essential to preserving the right to seek compensation.
Exceptions to this rule may apply in certain situations, such as when the injured party is a minor or if the injury wasn’t immediately discoverable. Consulting a personal injury lawyer promptly helps determine the applicable deadlines.
The Impact of Pre-Existing Conditions
In some TBI cases, the defendant may argue that the plaintiff’s symptoms are due to pre-existing conditions rather than the accident. While pre-existing conditions can complicate claims, they don’t bar recovery.
Under Texas law, the defendant is liable for any aggravation of a pre-existing condition caused by their negligence. Medical records and expert testimony from a personal injury lawyer can help differentiate between prior health issues and new injuries resulting from the accident.
Dealing With Insurance Companies
Insurance companies often play a significant role in TBI cases, as they represent the defendant and may attempt to minimize payouts. Adjusters may question the severity of the injury, dispute liability, or offer low settlements.
Dealing with insurers requires knowledge of legal rights and a strategic approach to negotiation. Having legal representation from a personal injury lawyer can help protect the plaintiff’s interests and secure fair compensation.
Common Defenses in TBI Negligence Cases
Defendants in TBI cases often rely on various defenses to avoid liability or reduce the amount of compensation they must pay. Understanding these defenses is essential for building a strong case. Common defenses include:
Lack of causation: The defendant may argue that the injury wasn’t caused by their actions or was due to another event.
Pre-existing conditions: The defendant might claim the plaintiff’s symptoms are linked to a condition that existed before the accident.
Assumption of risk: In some cases, the defendant could argue that the plaintiff knowingly engaged in an activity with inherent risks.
Addressing these defenses requires gathering robust evidence and enlisting testimony from medical professionals and other experts who can clearly connect the accident to the injury.
Comparative Fault in Settlement Negotiations
In Texas, comparative fault can influence settlement negotiations even before a case reaches trial. Insurance companies may attempt to argue that the plaintiff shares some responsibility for the accident to lower their settlement offer.
For example, in a car accident case, an insurer might claim the injured party was speeding or failed to wear a seatbelt. These arguments, if successful, could reduce the amount of compensation available.
Preparing a compelling counterargument supported by evidence is essential to securing a fair settlement. A personal injury lawyer can help evaluate the validity of comparative fault claims and negotiate for appropriate compensation.
Long-Term Implications of TBIs on Legal Claims
Traumatic brain injuries often have long-term consequences that can significantly impact a plaintiff's quality of life and financial stability. When pursuing a legal claim, it’s critical to account for these long-term effects to avoid settling for less than what is needed for future expenses.
Key considerations include:
Future medical costs: Ongoing treatments, therapies, and assistive devices required for recovery or adaptation.
Lost earning potential: The inability to return to a previous occupation or reduced capacity to work in the future.
Non-economic damages: Compensation for emotional distress, loss of enjoyment of life, and the strain on personal relationships.
A thorough evaluation of long-term needs from a personal injury lawyer confirms that any settlement or judgment reflects the full scope of the injury’s impact.
The Next Steps
Proving negligence in a traumatic brain injury case involves demonstrating duty, breach, causation, and damages under Texas law.
At Rodman Law Office, I’m dedicated to offering my personal injury lawyer experience to the people of Texas, whether it be Travis County, Williamson County, or Hays County.
Contact my firm today.