San Antonio Brain Injury Attorney

Every day across San Antonio, individuals and families contend with the challenges and costs of traumatic brain injuries (TBIs, for short). Victims of TBIs have suffered them in numerous ways: in car wrecks on I-410, in falls from ladders and roofs while working Southtown, in collisions on San Antonio Parks playing fields, in training exercises at JBSA, and in combat incidents downrange.

No matter how someone in San Antonio sustains a TBI, however, the injury can have a profound impact on the victim’s life and the lives of loved ones, family members, and others. It’s a complicated, frustrating injury, made all the more tragic when it results from someone else’s wrongful, careless, or reckless actions.

Did you or a loved one sustain a TBI in a preventable accident? If so, then you may have the right to financial compensation for your injuries and losses. The San Antonio brain injury lawyers at Sibley Dolman Gipe Accident Injury Lawyers, P.A. can help. Contact Sibley Dolman Gipe Accident Injury Lawyers today for a free consultation with a legal professional who can answer your questions and help you explore your options.

About Our Law Firm

Sibley Dolman Gipe Accident Injury Lawyers, P.A. is an award-winning law firm that represents clients in San Antonio and nationwide. Personal injury law is all we do. Every day, our skilled, experienced attorneys commit themselves to make sure that our clients who have suffered injuries in preventable accidents and incidents receive full, fair compensation for the harm they have suffered.

We get results. Over our years of practice, lawyers from Sibley Dolman Gipe Accident Injury Lawyers, P.A. have secured millions of dollars in judgments, settlements, and jury awards for injured clients and for the families of individuals who have died in tragic accidents.

We take pride in our track record of success, but even more so, in the fact that we have achieved those outcomes by giving each of our clients the personalized attention their cases deserve. Of course, these are only past results and we can never guarantee how our clients’ cases will turn out, but we can always promise to listen to them, answer their questions, and dedicate ourselves to serving their interests to the fullest extent possible under the law.

Traumatic Brain Injury Overview

A traumatic brain injury is a type of acquired brain injury that happens when a person sustains a blow or jolt to the head or body, or a penetrating head injury, that disrupts brain function. A TBI can involve direct damage to brain tissue from an impact, such as when the brain sustains damage by shifting, twisting, or deforming inside the skull. A TBI can also involve secondary damage to the brain from bleeding, swelling, and chemical changes that occur after an initial trauma.

At Sibley Dolman Gipe Accident Injury Lawyers, P.A. in San Antonio, clients come to us after they or their loved ones have suffered a TBI in a wide array of preventable accidents and incidents caused by someone else’s unreasonably dangerous decisions or actions.

Here are some of the ways our clients have suffered a TBI through no fault of their own.

  • Falls. According to the Centers for Disease Control and Prevention (CDC), falls constitute the leading cause of traumatic brain injury in the United States, accounting for nearly half (48 percent) of all TBI-related emergency department visits. Falls constitute an especially common cause of TBIs in children under age 17 and adults over age 65.
  • Being struck by/against an object. Blunt force trauma from being struck by or against an object is the second-leading cause of TBIs, according to the CDC. This is a broad category of incidents that ranges from a construction worker being struck by flying debris on a job site, to a baseball player getting hit in the head with a fastball, to someone diving into a pool that’s too shallow.
  • Motor vehicle accidents. Another leading cause of TBIs in San Antonio, car, truck, bus, and motorcycle accidents account for a significant proportion of traumatic brain injury hospitalizations, according to the CDC. Vehicle occupants need not strike their heads to sustain a TBI. The force of an impact, alone, can cause an injury.
  • Gunshot and explosion-related wounds. Penetrating injuries from bullets or shrapnel constitute a leading cause of fatal TBIs, per the CDC. Self-inflicted gunshot wounds account for a tragically high number of these injuries nationwide. However, in places like San Antonio that are home to large military populations, many individuals suffer these types of injuries in training or combat instead.
  • High-impact sports and recreational activities. Playing a contact sport like football, hockey, lacrosse, or soccer, or participating in activities where falls or blows to the head are common, like skateboarding, cycling, or mixed martial arts, often leads to TBIs, especially concussions, which are sometimes called “mild” TBIs but can nevertheless have major impacts on a victim’s life by causing a host of cognitive, physical, and emotional impairments.

This is not a complete list, of course. TBIs happen in countless ways. The important thing to know is that no matter how an individual in San Antonio suffers a traumatic brain injury, the team at Sibley Dolman Gipe Accident Injury Lawyers, P.A., possesses the skill, experience, and resources needed to secure compensation from the party or at-fault parties.

The Heavy Toll of a Traumatic Brain Injury

Individuals who suffer traumatic brain injuries often encounter significant expenses and challenges in their everyday lives. At Sibley Dolman Gipe Accident Injury Lawyers, P.A., our goal for clients who have suffered a TBI is to secure compensation to help them pay those expenses and meet those challenges so that they can adapt to their injuries and return to living their fullest lives.

Impaired Brain Function

By definition, a traumatic brain injury disrupts normal brain function. However, the type of disruption that occurs, and the impact it has on the victim’s life, varies widely. Every TBI differs, because every person’s brain, and brain injury, is unique. An individual who suffers a TBI may experience a range of symptoms, and those symptoms may evolve, or come-and-go, over time.

Some typical TBI-related symptoms and challenges include:

  • Loss of consciousness or diminished consciousness, including coma.
  • Cognitive impairments, including difficulty with speech, concentration, comprehension, memory, and executive function.
  • Emotional impairments, such as mood swings, personality changes, depression, irritability, and anxiety.
  • Motor impairments, often characterized by dizziness, weakness, numbness, or paralysis.
  • Light and sound sensitivity.
  • Persistent fatigue and/or sleep disruption.
  • Headaches and other chronic pain or discomfort.
  • Seizures.

Victims of TBIs often experience a constellation of these symptoms that is both difficult to predict and to treat. The struggles take a toll not just on the individual who sustained the TBI, but also on family and friends who may feel a sense of loss of the person they knew.

Expenses and Life Difficulties

Individuals living with TBI symptoms also often encounter economic and social struggles, such as:

  • Difficulty holding a job or going to school, resulting in diminished earnings and earning capacity.
  • Struggles in forming or maintaining personal relationships.
  • Inability to participate in sports, recreation, or other activities that they once enjoyed.
  • Engaging in unhealthy behaviors, such as substance abuse, risk-taking, or self-isolation.
  • Criminal or other aberrant behavior.
  • Homelessness.
  • Self-harm.

Living with a TBI may even result in a lowered life expectancy for some individuals, according to the CDC. In total, TBIs exact billions in costs on the American public annually, much of it directly borne by TBI sufferers and their families.

How We Help TBI Victims in San Antonio

Sustaining a TBI need not result in living a diminished life, however. With the proper medical care and social support, an individual can recover from a TBI and live a fulfilling, productive life.

At Sibley Dolman Gipe Accident Injury Lawyers, P.A. in San Antonio, our mission is to help TBI sufferers obtain that care and support by securing compensation for them from anyone whose careless or reckless actions caused them harm.

Under Texas law, anyone who engages in wrongful or negligent conduct, including individuals, businesses, institutions, and government entities, may owe money damages to victims harmed by their conduct. The overarching job of a traumatic brain injury lawyer to use the law to hold those wrongdoers accountable.

Here are some ways we serve clients in San Antonio who have suffered a TBI in a preventable accident or incident caused by someone else’s wrongful decisions or actions.

Accident and Injury Investigation

In many cases, an important part of our work on behalf of a TBI victim in San Antonio consists of investigating how our client’s TBI occurred. Our aim in this inquiry is to determine who may owe compensation to our client for having caused the accident or incident that resulted in a TBI.

We also explore the many ways a TBI damages our client’s life, so that we can translate that harm into a demand for compensation that seeks enough money to meet our client’s current and future needs.

Legal and Practical Guidance

The TBI attorneys at Sibley Dolman Gipe Accident Injury Lawyers, P.A. in San Antonio understand that their clients face innumerable legal and practical challenges in their everyday lives. We strive to supply our clients with sound advice and counsel about the wide range of choices they will need to make as the process of seeking compensation unfolds.

Of course, we advise them on the legal issues that affect their rights to compensation. However, we also often serve as sounding boards for other practical decisions our clients may need to make, so that they can manage their needs and obligations most effectively, while we work to secure them the compensation they deserve.

Case Preparation, Filing, and Litigation

As lawyers for victims of TBIs in San Antonio, a core part of our everyday work consists of preparing, filing, and litigating legal actions—mostly lawsuits and insurance claims—seeking compensation on our clients’ behalf.

Our team builds strong cases designed to meet our clients’ current and long-term needs. San Antonio defense lawyers, insurance companies, and judges know us as fierce, dedicated lawyers who serve our clients’ interests above all others. When they see an attorney from Sibley Dolman Gipe Accident Injury Lawyers, P.A. on a San Antonio TBI case, they know to take that case seriously.

Securing Fair Settlements

Most of the cases we handle as San Antonio TBI lawyers get resolved through an out-of-court settlement. That’s when the injured individual and the party who has legal liability for damages agree to resolve a claim without going to trial. In most settlements, the injured individual receives financial compensation in exchange for releasing the at-fault party from further liability.

The attorneys at Sibley Dolman Gipe Accident Injury Lawyers, P.A., have years of experience negotiating top-dollar settlements in TBI cases. We prepare cases thoroughly, so we always know how much money our clients deserve to receive. Spending our careers facing off with defense lawyers and insurance companies, we have a well-honed instinct for when to advise our clients to agree to a settlement, and when to tell them to stand and fight.

Trials

If standing and fighting is the better option for our client, then our team is always ready to present the evidence to a San Antonio judge and jury, and ask them to award our client maximum damages. We have a hard-earned reputation as skilled trial lawyers who can explain even the most complicated cases in terms that juries and judges understand. Some of our largest victories for clients have come in the courtroom.

Dotting the I’s and Crossing the T’s

At Sibley Dolman Gipe Accident Injury Lawyers, P.A., we know that a case we have settled or won at trial isn’t over until we have payment for our client in-hand. Our clients can always count on our team to make sure they actually receive the money our efforts have secured for them, even if that means going the extra mile to chase down insurance companies or seize assets from a party who owes our client money.

Frequently Asked Questions About San Antonio TBI Cases

San Antonio Spinal Cord Injury LawyersAt Sibley Dolman Gipe Accident Injury Lawyers, P.A., we offer a free consultation to anyone who wants to learn more about their rights and options in the aftermath of a traumatic brain injury that afflicts them or a loved one. In those consultations, we hear many of the questions answered below.

For more specific answers to questions about a TBI that has impacted your life, you can always contact us to speak with an experienced member of our team.

Who should pay me for my traumatic brain injury?

Often, traumatic brain injury victims or their family members come to us knowing that the TBI should not have happened and that someone ought to compensate them for it, but not knowing just who that “someone” is.

We can help.

The broadest answer to that question is: it depends on what caused the TBI. In the majority of cases, compensation for damages you have suffered because of a TBI can come from one of many sources:

  • The party whose wrongful actions caused the injury. Texas law broadly dictates that if someone’s unreasonably dangerous decisions or actions cause you harm, then that person owes you compensation for the harm done to you. You secure that compensation by hiring an experienced attorney, like the team at Sibley Dolman Gipe Accident Injury Lawyers, P.A., to pursue payment from that party through legal action, which as we mentioned above typically consists of a lawsuit or an insurance claim (or both). The most reliable way to find out who qualifies as a party who owes you damages is to speak with an experienced attorney as soon as possible after the accident or incident that results in a TBI.
  • Workers’ compensation insurance. Many Texas employers carry workers’ compensation insurance to cover their employees against work-related injuries and illnesses. Workers who suffer traumatic brain injuries on the job in San Antonio may have the ability to seek benefits from their employer’s workers’ compensation insurance to pay for their medical care and to replace some of their lost income. An experienced TBI attorney can help workers seek these benefits.
  • Veterans Administration benefits. Joint Base San Antonio employs tens of thousands of active duty and reserve members of the military. If any of them sustains a traumatic brain injury while on duty at home or overseas, then they may have the right to receive benefits from the VA.

These sources of payment are not necessarily mutually exclusive. As the victim of a TBI in San Antonio, you may have the right to receive payment for your injuries and losses from more than one source. Also, more than one party may owe you damages for causing your injuries.

To learn more about who may owe you compensation, contact an experienced San Antonio traumatic brain injury attorney today.

Can I sue if I only suffered a concussion?

Yes. Your right to seek compensation does not depend on the level of severity doctors assigned to your traumatic brain injury when it first happened. What matters is that someone’s wrongful actions caused you to suffer an injury that resulted in damages.

Just as importantly, never dismiss a concussion as a minor injury. Even a so-called “mild” TBI—which is the medical term for a concussion—can cause severe and lasting impairments for which you deserve to receive damages.

While it’s true that some people’s concussion symptoms resolve in a matter of days, for others the symptoms persist over the long term. The brain fog, headaches, fatigue, light and sound sensitivity, and mood changes that accompany post-concussion syndrome make it difficult to attend school, do a job, and enjoy life.

Suffering one concussion also makes you susceptible to suffering another. And, evidence has emerged that suffering multiple concussions heightens your risk of developing chronic traumatic encephalopathy (CTE), a degenerative brain disease.

In other words, concussions are serious injuries for which victims deserve compensation.

Can I sue if I suffered a TBI while on active duty in the military, or are VA benefits my only option?

Soldiers understand that they may face deadly risks while on active duty. That does not mean, however, that any injury they suffer simply comes with the job description.

VA benefits provide financial support for military members who suffer injuries and illnesses in connection with their service. However, active duty and reserve military members may also have the right to seek additional compensation for their injuries, if those injuries resulted from someone’s wrongful actions outside the normal scope of military service.

In other words, soldiers may not have the ability to sue if they suffered a TBI in an IED explosion while deployed, or in a fall during training. In that case, VA benefits may constitute most or all of the compensation they can expect to receive. But, if they instead suffered a TBI because equipment issued to them was so defective that it put them at unreasonable risk of serious harm, for example, then they may have the right to sue the manufacturer or someone else for damages.

San Antonio’s servicemen and women put themselves on the front lines defending our freedoms. They deserve compensation for injuries they suffer in the line of duty, especially when those injuries result from someone else’s wrongful conduct.

What kind of damages can I get in a TBI lawsuit?

Every San Antonio TBI case differs, so we cannot say for certain what damages an individual might receive without knowing the specifics of the injury and how it happened.

In general, however, a lawsuit for damages can usually seek payment for:

  • Medical costs, both past and future, related to treating a TBI and any secondary health conditions tied to it.
  • Other out-of-pocket expenses the TBI victim would not have had, were it not for having sustained the injury.
  • Lost wages and income, past and future, stemming from the TBI keeping the victim out of work temporarily or permanently.
  • Pain, suffering, and life challenges attributable to the TBI, including loss of enjoyment of life and harm to personal relationships.

In cases where clear and convincing evidence demonstrates that the at-fault party fault acted with fraud, malice, or gross negligence, a Texas court may also award exemplary damages, which may include punitive damages designed to punish the at-fault party.

What is my TBI case worth?

As we said, every case differs. The nature of your TBI and the scope of its impact on your life will play a large role in determining the damages your lawyer can demand on your behalf. The worse the injury and the greater its impact, the higher your medical and other costs, the more wages and income you stand to lose, and the more significant your pain and suffering.

In addition, the amount your lawyer can demand in a lawsuit may not always reflect the amount of money you can reasonably expect to receive. The value of a TBI case can also vary based on the strength of the evidence, the degree of dispute over core issues like liability and damages, and the skill of the attorney you have fighting for your rights.

Case values also ultimately depend on the at-fault party’s ability to pay. The size of an insurance policy covering that party’s liability to you, or the assets that party can use as payment, may set an upper limit on the size of any award or settlement you receive.

The most reliable way to maximize the value of your San Antonio TBI case is to hire an experienced local brain injury lawyer who has an established track record of success in cases like yours.

I’m supposed to get workers’ comp for my TBI, but the insurance company won’t pay. Can you help?

Chances are good that we can.

Workers’ compensation insurance provides an essential safety net to San Antonio workers who get hurt or sick on the job. Unfortunately, it’s still an insurance policy, which means that the company that issued it has a strong motivation to limit payment of claims as much as possible.

Sometimes, those companies go too far and deny valid claims, or stubbornly refuse to pay for medically necessary treatments. That’s wrong. You have the right to the benefits the policy provides, and wrongful denial of your claim may entitle you to additional damages.

The skilled attorneys at Sibley Dolman Gipe Accident Injury Lawyers, P.A., can often help to convince the insurance company to pay what it owes, and can explore other options for injured workers to seek additional compensation.

I suffered a TBI at work, but my employer doesn’t carry workers’ comp. What can I do?

Unlike most states in the United States, Texas does not require employers to carry workers’ compensation insurance. However, that does not mean that employers who go without workers’ comp coverage leave their employees without options.

Workers who suffer injuries or illnesses at a job where their employer does not carry workers’ compensation insurance can likely sue that employer for the full range of damages listed above, including pain and suffering (which workers’ comp does not cover).

Speak with an experienced San Antonio brain injury attorney right away if you discover that the TBI you sustained at work is not covered by workers’ compensation insurance. You may need to take quick action to preserve your rights against an employer.

I got a TBI in a car accident, and now the other driver’s insurance company has offered me a settlement. Should I take it?

It’s usually not a good idea to accept a settlement offer without first speaking with an experienced San Antonio TBI lawyer.

Insurance companies work hard to minimize their financial exposure to accident victims. One way they do that is to make low-dollar settlement offers directly to injured individuals. These offers come with strings attached, namely a requirement that the injured individual gives up all rights to sue for additional damages. Insurance companies dangle offers like this in hopes that a crash victim will sacrifice valuable legal rights for pennies on the dollar.

At Sibley Dolman Gipe Accident Injury Lawyers, P.A. in San Antonio, we understand how tempting it can feel to grab what seems like easy money from an insurance company. However, agreeing to that settlement is often a tragic mistake.

In the vast majority of cases, a skilled TBI attorney can secure far more money for the injured individual than the insurance company initially offers. Why? It’s simple: once an attorney with a strong reputation gets involved in a case, the insurance company knows its low-ball tactics will fail. So, the insurer gives up on trying to escape liability for pennies, and instead gets down to the business of negotiating a truly fair settlement of the claim with the injured individual’s attorney.

The team at Sibley Dolman Gipe Accident Injury Lawyers, P.A. invites anyone in San Antonio who has received a settlement offer from an insurance company for their TBI injuries to contact us for a free consultation.

What does a TBI lawyer cost?

It usually costs nothing to hire a skilled San Antonio traumatic brain injury lawyer, unless the lawyer delivers results.

At Sibley Dolman Gipe Accident Injury Lawyers, P.A., our team offers a free, confidential, no-obligation consultation for anyone who wants to learn about their legal rights to compensation for their or a loved one’s TBI. We will never charge you a penny for that consultation, even if you decide not to hire us.

We also represent our clients almost exclusively on a contingent fee basis. That means we do not charge up-front attorney fees, and we do not bill by the hour for our services. Instead, our fee comes only out of any settlement, judgment, or award we secure for our clients. If we do not deliver results, then we do not get paid. It’s as simple as that.
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Experienced San Antonio Traumatic Brain Injury Lawyers

Did you or a loved one suffer a traumatic brain injury because of someone else’s wrongful decisions or actions, or in a workplace accident? If so, then you probably have the right to receive significant financial compensation.

The personal injury attorneys at Sibley Dolman Gipe Accident Injury Lawyers, P.A. want to help. Contact Sibley Dolman Gipe Accident Injury Lawyers today at 833-552-7274 for a free consultation.