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What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs due to sudden trauma to the head that causes brain damage. If your head hits an object with force or an object penetrates the skull and sinks into the brain tissue, it can cause a TBI. The result is a disruption in normal brain functioning, which can sometimes lead to life-long disabilities depending on the severity and location of the injury. Symptoms of a TBI include the following:

• Headache
• Confusion
• Blurred vision
• Problems with memory, concentration, and thinking
• Mood changes
• Bad taste in the mouth
• Dizziness
• Ringing in the ears
• Convulsions and seizures
• Problems with coordination
• Agitation and restlessness

Recovering from a traumatic brain injury can be lengthy, and challenging. Treating a TBI is also costly, so if you or your loved one suffered a TBI due to someone’s negligence, you might need to pursue compensation for the injuries. Consult an experienced personal injury attorney in Mesquite for legal guidance on filing a claim.

How Does the TBI Recovery Process Look Like?

Recovering from brain injury occurs in stages, and while some people move quickly through the phases, others take more time and progress slowly. During your recovery, you may be unable to pursue legal action against the at-fault party. You and your loved ones need the help of an aggressive catastrophic injury attorney in Mesquite to fight for your rights. Letting an expert handle the issue ensures you file a claim within the statute of limitations as you focus on healing and recovery.

Medical experts use the Ranchos Scale to measure improvement, and they outline the following stages of TBI recovery:

Coma

A severe traumatic brain injury may cause a coma, the deepest state of unconsciousness. Coma patients generally have no eye movement and lack purposeful movement, speech, and communication. They don’t respond to the environment and don’t wake up even with stimulation. The patient can remain in this state for weeks, months, or years.

Vegetative State

Coma and vegetative state are two different stages of TBI recovery, despite people using them interchangeably. Patients in a coma have no neurological response, but those in a vegetative state may have regained some reflexes and appear awake. They may have eye movement and react to stimuli because the brain has begun to heal, and some responses in the brain remain intact after the injury. Once patients can respond and communicate, they’re on their way to the subsequent recovery stage.

Minimally Conscious or Localized Response

The patient may drift in and out of consciousness in the minimally conscious state. They have gained some awareness of their surroundings and may take medications to help stimulate the brain and boost full consciousness. As they progress with recovery, consistently respond to instructions, and communicate verbally or non-verbally, they have reached the fourth recovery state of a TBI.

Post-Traumatic Amnesia

The brain is in an extreme state of amnesia, and the patient can’t recall where they are and how they got there and have no memory of daily events. It’s common for patients in this stage to display aggressive or inappropriate behavior and lose their inhibitions. Other stages that follow are the following:

• Confusion: The patient may follow more commands and communicate but still have memory issues, and focusing on tasks may be problematic.
• Automatic or appropriate: They can follow strict schedules but have challenges planning and starting activities independently. They need support and can’t live alone.
• Purposeful or appropriate: The patient’s self-awareness and memories have improved, although social interactions may be tricky despite various coping mechanisms. They can live on their own with minimal help.
• Modified independence: By the time they reach this stage, the patient has fully recovered and can handle multiple tasks at once, plan, and make various life adjustments to unexpected circumstances. They may still be slow in responding than they were before the injury, but they can cope.

TBI victims need ongoing therapy to help them through the various recovery stages. Treatment and therapy are costly and may drain you of your resources. So, don’t let the negligent party go scot-free. Contact an experienced catastrophic injury attorney in Mesquite, TX, and let them help you file a compensation claim and pursue it.

How Can I Prove Negligence in a Traumatic Brain Injury Claim?

You can file a TBI lawsuit based on the liable party’s negligence. Proving negligence in personal injury cases is often complex, but an experienced Mesquite personal injury lawyer knows how to navigate the legal system to help you win. They can help you create a robust strategy that shows the following four crucial elements:

• The defendant owed you a duty of care
• The defendant breached that duty
• The breach of duty was the cause of the accident that caused your injuries
• You were injured and suffered damages as defined by law

Linking someone’s negligence to brain injury is often complicated, so your Texas injury lawyer will help you piece the necessary evidence to enhance your chances of a favorable outcome.

Pursue the Compensation You Deserve Today With Professional Legal Counsel

Sustaining a traumatic brain injury can have life-changing consequences that will require ongoing adjustments to your daily life. A qualified Mesquite catastrophic injury attorney can help you file a lawsuit to collect compensation for the injury, hospital stays, lost wages, medical procedures, and general pain and suffering as you focus on therapy and treatment.

We have a compassionate catastrophic injury attorney in Mesquite who can help you file a TBI compensation claim against the negligent party liable for your injury. While filing a lawsuit can’t change the outcome of the accident, it can help you recover damages to pay for and adjust to life with a TBI. Call 972-682-9700 to speak to experienced lawyers at the Oberg Law Office.

Understanding Fault in Texas Car Accidents

Being in an accident is scary, and if you were injured, it can have a big impact on your life for the next weeks, months, and maybe even years. In Texas, you have the ability to file a personal injury lawsuit against the at-fault party to get reimbursement for medical bills and pain and suffering, but what happens if you are also found at fault? Learn how fault works in Texas and how it may impact your case.

How Is Fault Determined in Texas?

When you’re in a car accident, the police will immediately respond and start investigating the scene after any medical needs have been taken care of. However, the insurance companies for the parties will make the final determination of who was at fault. They have their own investigators and can look at police reports, interview the drivers or any witnesses, and even do accident reconstructions to determine who was at fault.

What Happens When You’re Found at Fault?

Accidents happen for a variety of reasons, and it’s common for there to be more than one contributing factor. For example, adverse road conditions and speed is a combination that is more likely to cause an accident, and a front-end collision in these conditions could be especially dangerous. If you’re found at fault, you may be cited by police for a traffic violation, which can mean points on your license and having to pay fines.

Can You Still Seek Compensation If You Were Partially at Fault?

If you are found at fault for a car accident in Texas, you will be assigned an at-fault percentage. This is very important because this percentage determines whether you are able to pursue compensation from the other party or if you might end up being sued yourself. As long as you are less than 50% at fault, you can still file a personal injury suit against the other party. However, keep in mind that the higher your fault percentage the lower the amount of damages you may be entitled to. This is why it’s important to speak with an attorney before moving forward to ensure that it’s worth it to pursue a case.

Oberg Law Office Can Help

At Oberg Law Office, we know how a car accident can change your life, and we focus on helping our clients get the money they’re entitled to so they can start rebuilding. If you were injured in a motor vehicle accident and aren’t sure what your options are, call our office at 972-682-9700. A member of our legal team can talk with you about your needs and set up a consultation with a personal injury attorney so you can start moving forward.

What Are Punitive Damages?

Some accidents are catastrophic for the victims, leading to much pain and suffering, high medical costs, and loss of ability to earn a living. The outcome can be frustrating for a victim who is offered compensatory damages that don’t adequately cover the value of these damages.

With the help of a skilled personal injury attorney in Mesquite, victims can sue for punitive damages. Personal injury laws allow for the payment of accident-related expenses and money that serves as punishment for severe negligence and disregard for others’ safety and well-being. Punitive damages, also known as exemplary damages, fall in this last category.

The Punitive Damages Law in Texas

Punitive damages can be awarded in personal injury cases. The court must establish that the defendant was grossly negligent, malicious, or fraudulent in their behavior, leading to the victim’s injuries.

Proving these elements to the court when pursuing punitive damages can be challenging without the input of a skilled catastrophic injury attorney in Mesquite.

Gross Negligence

Most claims for punitive damages in personal injury cases arise from gross negligence. A catastrophic injury attorney in Mesquite can help you prove that the defendant committed an act or omission:

• Which, when viewed objectively from their standpoint at the time it happened, involved an extreme degree of risk. The actor should have considered the probability of causing harm to others and the magnitude of damage.
• Which, the defendant had actual, subjective awareness of the risk at hand, but still proceeded to commit the offense without regard for the rights, safety, or welfare of others.

Gross negligence doesn’t always imply that the defendant intended to cause harm but proceeded with reckless abandon, causing damage to the victim. For example, shooting a gun over people’s heads without the intention to shoot anyone is gross negligence if anyone is injured.

Malice

Malice involves the actual intent to cause substantial harm or injury. Proving malicious conduct entails showing that the defendant looked forward to the consequences of their action or they believed that acting a certain way would have a specific result. So, firing a gun at someone involves malice since substantial harm or injury is expected.

Fraud

Fraud is generally deception or cheating. So, when seeking punitive damages based on a defendant’s fraudulent behavior, you must prove actual fraud or their intention to deceive you. Unintentional misrepresentation that you act upon doesn’t suffice as fraud.

What Evidence Does the Jury Consider When Deciding How Much to Award in Punitive Damages?

The jury in your personal injury lawsuit has the authority to determine if you have proven the elements of a punitive damage claim through clear and convincing evidence. If so, they can decide how much to award you for punitive damages.

Some factors to look into include the following:

• The nature of the wrong
• The character of the defendant’s behavior
• The degree of guilt of the defendant
• The defendant’s net worth
• The extent to which the defendant’s conduct offends a public sense of justice or decency
• The sensibilities and situation of the defendant and the victim

You can request the defendant to provide information about their net worth through your Mesquite catastrophic injury attorney. However, the defendant can ask the court to limit this discovery. That’s why you should choose an aggressive attorney who can navigate this issue to ensure a favorable outcome.

How Much Can I Recover in Punitive Damages?

The amount of damages you can recover in a personal injury lawsuit is limited. The Texas Civil Proactive and Remedies Code refers to the limit as “Damage Caps.” Punitive damage caps are typically capped at the amount greater between:

• $200,000 and
• Twice the amount of economic damages plus an amount equal to non-economic damages up to $750,000

Cases Where the Cap Doesn’t Apply

The maximum amount and formula for punitive damages differ in the case of medical malpractice lawsuits and claims involving the government. When the defendant’s actions amount to felonies and are committed “knowingly and intentionally,” you can seek punitive damages in excess of the usual cap.

Some felonies to which the cap exception applies to include:

• Sexual assault
• Murder
• Fraud
• Intoxication manslaughter
• Intoxication assault

In the case of intoxication assault and manslaughter, proving that the defendant acted knowingly and intentionally is unnecessary. The elements are often associated with DWI cases, and your accident lawyer in Texas can fight for unlimited punitive damages.

Wrongful Death and Punitive Damages

You can seek exemplary damages in a wrongful death case if you can prove that your loved one died through an act of gross negligence or willful malice. Since the cases are highly situation-specific, contact an experienced Mesquite personal injury attorney for legal guidance. An experienced lawyer will skillfully demonstrate your entitlement to punitive damages.

Who Makes Decisions About Punitive Damages?

Your catastrophic injury attorney in Mesquite can negotiate in the arbitration process for an additional award in addition to the compensatory damages owed. They can win punitive compensation based on the suffering you endured due to the egregious behavior due to the defendant’s fault.

Secondly, if a case needs to go to court, the jury can decide to award punitive damages, but this option is often complex as a complete agreement is necessary for a jury trial in Texas. The juror must agree on the liability and the amount to be awarded.

A Legal Professional Helping You Fight for Fair Compensation

Winning punitive damages can be challenging because of the decisions courts must make. That’s why you should engage the services of a skilled catastrophic injury attorney in Mesquite. After suffering severe injuries, high medical expenses, and enduring pain and suffering due to someone’s negligence, you deserve more than these primary reimbursements.

If you don’t know where to turn for legal assistance, our lawyers are ready to help. We provide a solid legal strategy to help clients pursue the compensation they deserve. Don’t suffer alone in silence if you have been a victim of someone’s negligence. Contact Oberg Law Office at 972-682-9700 for skilled legal guidance.

Fault in Auto Accidents in Texas

Many factors go into an automobile accident, but it’s often the case that one party is predominantly at fault. When you are injured due to someone else’s negligence, you may have questions about whether you can file a personal injury claim and what kind of compensation you may be able to get. Find out whether Texas is a no-fault state and what this means for your case.

What Does No Fault Mean?

In a no-fault state, it means that you can’t file a personal injury claim against the other party in an accident. Instead, you have to file a claim with your insurance company, and it is responsible for paying out any money. However, Texas is not a no-fault state. This means that you can — and often should — pursue compensation through the civil courts by filing a personal injury claim against the at-fault party after an accident.

How Is Fault Determined in Texas?

Many people think that the police officers who respond to a crash are responsible for determining who was at fault in an accident because they may give out tickets to one or both parties. However, it’s actually the insurance companies that must decide who was at fault and to what percentage. They will take into consideration various factors, including the weather and the amount and location of damage to the vehicles, look at the police reports for the crash, and possibly even do an accident reconstruction to assist in their determination.

Can I File a Personal Injury Claim If I Was Partially at Fault for an Accident?

It’s a common misconception that the other party has to be found 100% at fault to be named as a defendant in a personal injury lawsuit. However, in Texas, you can file a personal injury claim against the other party as long as they were at least 51% at fault for the accident. In general, the higher the other party’s at-fault percentage, the higher your compensation may be if you win.

Working With a Personal Injury Attorney

If you’re not sure whether you were at fault for an accident or whether you may have a personal injury case, you need to speak with an attorney as soon as possible after your accident. The insurance company may attempt to get you to accept a lowball settlement offer quickly, but you need to know the extent of your injuries, what kind of recovery you may be experiencing, and what a fair settlement offer may be.

If you were injured in an accident and someone else was found at fault, call 972-682-9700 to speak to an attorney at Oberg Law Office. We can help you understand what your legal options may be and represent your interests, whether that’s at trial or through settlement negotiations.

Often in injury litigation, the defense will ask for what they like to call an “Independent Medical Examination”. The defense has a right in most instances to have the Plaintiff examined by a doctor of the defenses choosing. However, don’t believe for one minute that they have chosen a truly “independent” doctor. We routinely see the insurance companies hire the same doctors over and over to perform these exams. Of course, they are likely to hire doctors who are very conservative and will minimize the effects of your injury or attempt to say that the injury is not from the crash/fall/incident that is the subject of the suit. Call these exams what they are: “Defense Medical Exams”.

Personal Injury Protection” or “PIP” coverage is an optional first-party coverage that many auto policies issued in Texas provide. PIP covers medical expenses and lost wages caused by the auto collision. PIP is a “1st party” coverage, meaning it is on your policy, not the other driver’s insurance.

-PIP is optional. If you want it, you have to buy it. Insurers are required to offer it to you at the time of sale and must get your rejection in writing if you don’t want it.

-PIP covers the driver and all passengers, REGARDLESS OF FAULT.

-PIP policy amounts can vary. The minimum amount that can be sold in Texas is $2500 per person.

If you purchased “full coverage” on your own auto insurance policy, you may have a coverage called “Medical Payments” or MedPay”. Medpay works similiar to PIP coverage (see my earlier post) in that it pays for medical expenses incurred from a wreck REGARDLESS OF WHO WAS AT FAULT. The big difference with MedPay is that it likely has “subrogation rights”, which means that if you recover the medical expenses from the at-fault driver, you must reimburse the MedPay insurance company.
I recommend you buy PIP instead of MedPay if given the option.

Gregg Oberg

Tractor-trailer drivers are professionals who must follow a distinct set of rules and regulations regarding their driving. There are regulations regarding the qualifications, screening, and training companies must follow when hiring a truck driver. This is to be expected, as a tractor-trailer combination can weigh over 80,000 pounds at cause severe and disabling injuries, or even death if involved in a crash. The greater mass and momentum of the truck increase the danger to all other drivers should a truck driver violate the safety rules that are in place to protect us all from harm.

What Are Some Of The Dangers Of Driving Around Large Tractor-trailer Trucks On The Highway?

There are plenty of reasons why you shouldn’t crowd a tractor-trailer while driving down the highway. Being close to a semi is a dangerous place to be. Some of the reasons why include:

• No.1: Tire blowouts are common. Have you ever noticed on the roadway that there are large chunks of rubber are overall over the highways as we travel? Often, the rubber is from a blow out of the tire on a big rig. The loaded trucks can legally weigh 80,000 pounds or more. That amount of weight puts a lot of stress on the tires and often they result in a blowout.
• No. 2: Wind can affect trucks. Trucks are like sailboats, there are pushed by the wind. The length of the truck and trailer create a huge amount of wind surface and effectively turn the trailer almost into a “sail”. An 18-wheeler can get blown out of its lane, or blown over into the ditch, during a storm and can this can be done with straight line winds.
• No. 3: Trucks have lots of blind spots. Your car as blind spots. However, the number of blind spots on a tractor-trailer is large. There are blind spots immediately behind the trailer, and off to the sides of the trailer as it joins the tractor. Well-trained truck drivers do not make quick lane changes due to this large number of blind spots. However, it is a good practice to try to stay away from the blind spot areas on the trucks in order to protect yourself and your family should a truck driver try to change Lanes.
• No.4: Trucks make wide turns. You may have noticed in your travels that there is often a sticker on the back of a trailer to let drivers know that “this truck makes wide turns”. This is particularly true of right turns. When a trucker begins his right turn, it’s not unusual for him to begin to swing slightly to the left in order to be able to make it around the corner. When they move slightly to the left, the risk is the auto driver will take up space immediately to the right of their vehicle and be and the “blind spot” such that the truck driver cannot see the car there. This is a frequent cause of collisions in urban areas where space is at a premium.

What Are Some Of The Severe Injuries You See Resulting In Accidents Involving These Vehicles?

Don’t take anything for granted. Many people assume that the police will do a full and thorough investigation after a collision. Unfortunately, that isn’t always the case. Your safety and health are the primary concern after a wreck, so if you need medical care, get it taken care of by going to the hospital or seeking medical help as soon as possible. If you are physically able (or have someone with you who can do it) get the name, address, phone number and driver’s license number of the truck driver. Take photos of the vehicles involved, including any signage on the truck or trailer. Take photos of the license plates of all vehicles involved, as well as the damage to the vehicles. Photos of any skid marks or gouges in the pavement may be helpful.

Get the contact information of any witnesses who are at the scene. Take photos of the witnesses also; it may be helpful when you need to find them later. Get whatever information you can at the scene and get it to your lawyer as soon as possible.

The police agency hopefully will do a full and complete investigation that may result in a lot of things being duplicated with your own efforts. However, there are many times that the police reports generated after a wreck are just plain wrong. Having collected your own information helps when we need to correct any errors or misunderstandings that appear in the police report.

How Important Are Witnesses In These Cases? What Is The Best Way To Utilize Them?

Witnesses come in a couple of different categories. Of course, witnesses to the actual collision itself are very important to the investigation of the rack. These witnesses can provide information regarding the speed, direction, and any movements of the vehicles that were involved. The guy witnesses can also talk about the damage to the vehicles and the injuries that they saw they were caused by the wreck.

The other type of witnesses that are of utmost importance are what we call “before and after” witnesses. These are the people in your life who can come in and talk about how this collision has impacted your daily activities, physical health, mental health and outlook on life. These witnesses are typically family members, close friends, co-workers and others in our life on a day-to-day basis. These witnesses are key in showing a jury ultimately the full impact that these injuries and damages I’ve had in your life.

What Are The Biggest Challenges Involved In A Trucking Accident Situation?