Month: January 2022

If you have been injured in an accident like a car accident or a workplace injury accident, you may want to contact a Texas personal injury attorney to file a claim against the individual who is at fault. Filing a legal claim will give you the opportunity to get compensated for property damage, lost wages, pain and suffering, medical treatment, and various other damages that you may be legally entitled to.

Although most personal injury lawsuits are settled by insurance companies, a few cases do end up going to trial. It is crucial for you to know what to expect should this happen with your claim.

The Diverse Components of a Personal Injury Claim

When cases go to court, they go through various steps, from start to finish. A jury will need to be selected in many personal injury cases. A jury can be composed of 12 or fewer individuals who are selected and questioned by the judge. The judge will ask numerous questions of the selected individuals to see their personal views on various case types and to learn more about them personally. Questioning a juror helps a judge determine if a person is a good candidate or if they have certain biases.

After a jury is selected, the case will move to trial. Trials for personal injury claims typically start with opening statements. The prosecution and the defense will each be allotted time to make an opening statement in support of their legal claim. Typically, a Texas personal injury attorney supporting the victim will give their opening statement first because they have the burden of proof.

The Burden of Proof

To file a successful claim against an at-fault party, the claimant must clearly demonstrate the burden of proof. After opening statements are heard, the next step is to present the evidence. Personal injury attorneys in Texas will generally call witnesses to testify to back up the evidence presented during the trial. Some witnesses can be individuals who personally witnessed an incident occur, doctors, financial experts, or even experts who re-create the scene of the incident.

After the claimant’s attorney presents all the relevant evidence, the defense is given an opportunity to present evidence of their own. Defense attorneys can call witnesses and present documentation to support their argument against the claimant. After both sides present their evidence, each side will be given the opportunity to cross-examine witnesses.

After witnesses are cross-examined, both sides will begin their closing arguments. The defense and plaintiff are both given one final chance to try and persuade the jury to get a favorable outcome. The jury will then deliberate in a separate room and come to their own conclusion or verdict. Personal injury cases, like car accidents, are usually deliberated rather quickly. In some cases, it can take several days. Once a verdict is reached, the jury informs the judge, and then they present the verdict to both parties.

Our Personal Injury Attorney Can Help You

If you were injured in an accident, it is imperative to contact an experienced personal injury attorney in Houston, Texas to assist you with your claim. The attorneys at The Valenzuela Law Firm, have extensive experience helping victims achieve the highest and best results for their claims.

Traumatic brain injuries are typically very serious injuries that can take a long time to heal or learn to live with if they are a permanent part of your life. The effects of a brain injury on your life can vary depending on the seriousness of the trauma. An example is Cognitive Deficiencies is a term that describes impairment in and individual’s mental process. This can require Cognitive therapy and may keep you from keeping or getting a job. They can also cause emotional effects and negative psychological effects on families.

An investigation will take place if a brain injury has been caused by negligence. Figuring out what caused the slip and fall as quickly as possible is one of the most important elements of your claim. This is because, to determine liability, you must find out who was responsible and how they were acting recklessly. You must be able to prove that the owner of the property should have known about the dangerous condition. Conditions that may have led to your accident could include ice, water, oil, power cords, loose carpeting, inadequate lighting, and so much more.

Understanding Head Trauma

Unfortunately, many assume that once a person has been sent home, there is nothing else to worry about. This can be a very dangerous assumption, since any significant trauma to the head can have delayed symptoms that are subtle and debilitating and can last months or even years after the original accident.

Severe symptoms of traumatic brain injury require immediate medical care and can include:

• Persistent headaches
• Balance problems
• Intermittent nausea
• Excessive sleepiness
• Slurred speech
• Vomiting
• Confusion

Concussion vs. Brain injury

There’s a growing recognition in the United States of the seriousness of brain injuries. For instance, fans of team sports like football and hockey have probably noticed how schools and professional leagues have created new rules and protocols dealing with concussions. But it’s worth noting the difference between a concussion and a brain injury.

A traumatic brain injury, also called a TBI, is any injury to the brain resulting from a blow to the head or body. It can be just an impact, or it can involve penetration of the brain tissue. TBIs range in seriousness from mild to moderate to severe. Symptoms can be anything from headaches, tingling in the hands, or the feeling of pins and needles after a head injury, to permanent brain damage and loss of vision, and can even be deadly. People can experience traumatic brain injury symptoms years later.

A concussion is a type of traumatic brain injury where brain function is affected by a jarring blow or collision to the head or body. The brain is jostled back and forth in the skull, which can damage brain cells and alter brain chemistry. Some refer to a concussion as a mild TBI, though often such a head injury has delayed symptoms too.

Bringing a Legal Claim

Whether or not you can bring a legal claim depends on many circumstances, like who caused it, where it happened, and more. If you sustained your fall on a business property, then the owner of the property could be held liable for causing the dangerous condition or failing to stop it from happening. As many victims will tell you, there are many benefits to filing a brain injury lawsuit. If your injury has negatively affected your life and you now require long-term care, have lost your means of income, and suffer from emotional stress, a lawsuit may be your best option. However, you should consider this before the statute of limitations runs out on your case. Speak to somebody as soon as you discover you have sustained a life-changing brain injury and get the help you deserve.