Austin Brain Injury Attorneys

Legal Representation for Serious and Traumatic Brain Injuries

A brain injury can change your life in an instant, with hidden consequences that last a lifetime. Proving the full extent of a traumatic brain injury (TBI) requires a skilled and compassionate legal team. 

The Austin brain injury attorneys at Lee, Gober & Reyna have the experience to fight for the maximum compensation your family needs. Contact us today for a free, confidential consultation.

How Are Brain Injury Cases Different? 

Brain injury cases, particularly those involving traumatic brain injuries (TBIs), are profoundly different from standard personal injury claims due to three core complexities: the nature of the injury, the evidence required, and the potential for a high financial valuation.

The “Invisible Injury” Hurdle

Unlike a broken bone, a TBI is often an invisible injury with delayed or subjective symptoms.

• Diagnostic Difficulty: Mild to moderate TBIs (like concussions) often do not appear on standard imaging (CT or MRI scans). This forces the case to rely on neuropsychological testing and functional assessments rather than visual evidence.
• Delayed Onset: Symptoms like chronic headaches, memory loss, personality changes, or cognitive impairment may not fully manifest until weeks or months after the initial accident. This delay makes it significantly harder to prove a direct causal link to the crash.

The Burden of Proving Causation and Damages

The financial stakes in a TBI case are immense, forcing insurance defense teams to aggressively challenge both the cause and the severity of the symptoms.

• Disputes over Causation: The defense routinely argues that the survivor’s symptoms are due to pre-existing conditions (like migraines, anxiety, or learning issues) or are simply exaggerated.
• Lifetime Valuation: TBI often causes permanent disability, requiring the lawsuit to seek compensation for lifetime care costs and lost earning capacity extending decades into the future. This requires the use of specialized and expensive expert witnesses, such as life-care planners and forensic economists.

Evidentiary and Expert Necessity

A successful TBI claim cannot be built on medical bills alone; it demands a comprehensive, multi-disciplinary approach.

• Expert Reliance: A brain injury lawyer in Terrell must secure credible testimony from neurologists and neuropsychologists to interpret test results and explain to a jury the invisible, long-term functional deficits caused by the injury.
• Family/Coworker Testimony: Due to the subjective nature of the injury, evidence from family, friends, and coworkers who can testify about the marked personality and functional changes (memory, mood, concentration) before and after the incident is essential for proving the claim.

How Lee, Gober & Reyna Build Your Austin Brain Injury Case

A traumatic brain injury (TBI) is a devastating event. Because many of its most severe consequences are “invisible,” such as memory loss and personality changes, insurance companies often attempt to undervalue these claims. 

At LGR, our approach is uniquely designed to prove the full, often hidden, extent of a brain injury to secure the lifelong resources our clients and their families deserve.

Assembling a Focused TBI Diagnostic Team

What makes our process unique is our immediate action to build a team of medical experts around you. We connect our clients with leading neurologists, neuropsychologists, and vocational rehabilitation specialists. 

The team of medical experts performs comprehensive testing to objectively document the full scope of the cognitive, emotional, and functional deficits caused by the TBI. This medical evidence is important for demonstrating the profound impact of the injury to a jury or insurance company.

Developing a ‘Future Needs’ Life Care Plan

Our focus is on securing your future. Using the detailed reports from the diagnostic team, we work with life care planners to create a comprehensive plan that projects all future needs. 

This isn’t just about past medical bills; it’s a detailed roadmap that calculates the cost of future therapy, potential assisted living, specialized medical equipment, and necessary home accommodations. This ensures the compensation we fight for is enough to provide the necessary support.

Compensation in Austin Brain Injury Claims

A brain injury in Austin is a catastrophic event that often imposes a lifetime of financial, physical, and emotional challenges on survivors and their families. Texas law allows for the recovery of comprehensive compensation, known as damages, to address these profound losses. 

At LGR, our primary goal is to secure a settlement or verdict that provides the financial security needed for your continued care.

Economic Losses

Economic losses cover all the calculable financial costs resulting from the brain injury. Because a TBI requires lifelong support, these damages are extensive. 

This includes all past and future medical expenses, such as hospitalization, neurological care, physical and cognitive therapies, and potential costs for in-home or assisted living care. 

We also fight to recover compensation for lost wages and, most importantly, the loss of future earning capacity if the survivor cannot return to their career.

Non-Economic Losses

Non-economic losses compensate a survivor for the profound, intangible suffering that defines a brain injury. 

This is often the most significant part of a claim and addresses the devastating “invisible” damages, including pain and suffering, memory loss, personality changes, chronic headaches, and emotional distress. 

It also covers the loss of enjoyment of life, the loss of physical and cognitive function, and the damage to relationships with loved ones (loss of consortium).

Punitive Damages

In cases where the defendant’s actions were grossly negligent or malicious, Texas brain injury law may allow for punitive damages. These are not intended to compensate the survivor but to punish the wrongdoer and deter similar conduct. 

For example, if a TBI was caused by a drunk driver traveling at extreme speeds or an employer who willfully ignored critical safety regulations, punitive damages may be sought to hold them accountable for their reckless disregard for human life.

Common Causes of Brain Injury in Austin, TX

A TBI is a life-altering event that can result from any incident involving a blow or jolt to the head. In a busy city like Austin, these devastating injuries are often the result of preventable accidents caused by another party’s negligence. 

Identifying the specific cause of a TBI is the first and most critical step in holding the at-fault parties accountable and securing the resources needed for a lifetime of care.

Common causes of brain injuries in Austin include:

• Traffic Accidents: Collisions involving cars, commercial trucks, motorcycles, and pedestrians on busy roads like I-35 and Mopac frequently result in severe TBIs due to high-impact forces.
• Falls: Significant falls, whether from a height on a construction site, a slip and fall on a poorly maintained property, or in a nursing home, are a major cause of brain injuries.
• Struck-By Incidents: In workplace and construction settings, a TBI can be caused by a worker being struck by a falling object, a piece of equipment, or a vehicle, often pointing to clear safety violations.
• Sports and Recreational Injuries: While common in sports, a TBI may be grounds for a lawsuit if caused by defective safety equipment or dangerously unsafe conditions.

Possible Effects of a Serious Brain Injury in Texas

A traumatic brain injury (TBI) is one of the most catastrophic injuries a person can suffer because it damages the very center of their personality, memory, and bodily control. The consequences of a serious brain injury are wide-ranging. 

Common symptoms of a brain injury include: 

States of Altered Consciousness: In the most severe cases, a TBI can result in a coma, a vegetative state, or a minimally conscious state, leaving the survivor completely dependent on others for care.

Cognitive Deficits: Survivors often struggle with severe long-term or short-term memory loss (amnesia), a profound inability to concentrate or solve problems, and a loss of executive functions, which impacts judgment and decision-making.

Physical Impairments: A TBI can cause a wide range of physical issues, including paralysis, loss of balance and coordination, chronic debilitating headaches, and the development of a lifelong seizure disorder (epilepsy).

Emotional and Behavioral Changes: One of the most challenging consequences for families is the significant personality changes that can occur. Survivors may exhibit increased aggression, irritability, depression, anxiety, and a dangerous lack of impulse control.

Communication and Sensory Problems: Damage to the brain’s language centers can cause aphasia, making it difficult to speak or understand others. Many survivors also experience persistent problems with their vision, hearing, or sense of touch.