Brain Injuries

Brain Injury Attorneys

Legal Advocacy for Brain Injury Victims

A brain injury can change a person's life, leaving lasting physical, emotional, and cognitive challenges. The impact of these injuries extends far beyond the victim, affecting families and careers. Victims may face significant medical costs and struggle to regain their independence and quality of life.

Victims may be entitled to financial compensation when another person’s negligence or intentional wrongdoing causes a brain injury. At National Trial Law, our team of attorneys helps victims of brain injuries navigate the legal process. We advocate for justice on behalf of our clients.

Founded in 1971, our firm has extensive experience handling complex injury claims, from pre-suit negotiations to jury trials. Our attorneys have achieved record-setting results, helping clients recover compensation for medical care, lost wages, and pain and suffering. Notable successes include a $21.5 million trial judgment under the Federal Tort Claims Act (FTCA) for a VA medical malpractice case involving a brain injury and a $44.7 million trial judgment for an Air Force birth injury case. This case, also under the FTCA, dealt with a birth injury and resulting brain injury caused by military medical malpractice. Previous achievements do not guarantee future results, but we are committed to helping our clients seek justice.

With a history of public service and national trial experience, we are trusted advocates for those facing life-altering injuries.

If you or a loved one has suffered a brain injury in an accident, contact us at (833) 913-1885 to schedule a free consultation. Let us help you take the first step toward seeking the compensation and support you need.

What Is a Brain Injury?

Acquired brain injuries, often life-altering, encompass any damage to the brain that occurs after birth and is unrelated to congenital or genetic conditions. These injuries can arise from external forces or internal disruptions.

Brain injuries can disrupt normal brain function, affecting everything from memory and concentration to movement and speech. In some cases, the effects are temporary; in others, they can be permanent, significantly altering a person’s ability to lead a normal life.

Brain injuries can stem from a wide range of causes, many of which happen without warning:

Medical malpractice: Errors during medical procedures or improper use of medical equipment can result in brain injuries. For example, anesthesia mistakes or surgical errors may cause oxygen deprivation, leading to brain damage.
Car accidents: Severe impacts, like those in car or motorcycle accidents, are among the most common causes of traumatic brain injuries. The intense force generated during these collisions can cause the brain to strike the inside of the skull, leading to serious damage.
Violence: Incidents of physical violence, such as assaults, domestic abuse, or gunshot wounds, can cause severe brain injuries. A blow to the head from an assault, a gunshot to the skull, or choking or strangulation can result in life-threatening trauma.
Workplace accidents: Certain jobs, particularly in construction, manufacturing, or other physically demanding fields, involve a risk of head injury. Falling objects, equipment malfunctions, or accidents on the job can lead to severe brain damage.

Across the United States

Achieving Justice Nationwide with Unparalleled Verdicts and Settlements

National Trial Law has a storied history of securing landmark verdicts and settlements across the United States. Notable achievements include a $230 million judgment for survivors of the Sutherland Springs Church mass shooting, a $44.7 million trial judgment for a birth injury at an Air Force hospital, and a $21.5 million verdict for a veteran who suffered catastrophic brain damage due to malpractice at the Manchester VA Hospital—the largest personal injury award in New Hampshire history. These results underscore the firm's dedication to holding institutions accountable and delivering justice for their clients.

View All Results

Record-Setting $230,000,000
Trial Win Sutherland Springs Mass Shooting
Highest Verdict and Settlement in FTCA History
Record-Setting $44,717,681
Trial Win Air Force Birth Injury
Record-Setting $21,592,643
Trial Win VA Medical Malpractice
Record-Setting $10,500,000
Settlement VA Medical Malpractice

Traumatic Brain Injuries

A traumatic brain injury happens when the brain sustains damage from an external force, such as a sudden impact, bump, or jolt to the head. The effects of a TBI can vary widely, with symptoms ranging based on the injury's severity.

The severity of traumatic brain injuries varies and includes:

Mild TBIs:
- Mild traumatic brain injuries, often classified as concussions, are defined by brief disruptions in normal brain function resulting from a blow or jolt to the head. Still, concussions can have long-term effects, impacting memory, personality, concentration, and mood.
- Diagnosis typically involves a clinical evaluation, including a neurological exam to assess cognitive and physical symptoms, and, in some cases, imaging tests like CT scans to rule out structural damage.
- Recovery focuses on rest and gradual reintegration into daily activities, often under medical supervision, to prevent exacerbation of symptoms such as headaches, dizziness, or difficulty concentrating.
Moderate TBIs:
- Moderate TBIs are characterized by loss of consciousness lasting from minutes to hours and more pronounced neurological symptoms, such as confusion, persistent headaches, nausea, and cognitive impairments.
- Diagnosis requires a combination of clinical assessments, imaging tests to evaluate brain damage, and continuous monitoring for secondary complications like swelling or bleeding.
- Recovery often involves an extended rehabilitation process, including physical therapy, occupational therapy, and cognitive exercises designed to restore function and adapt to residual deficits.
Severe TBIs:
- Severe TBIs involve significant brain damage resulting from high-impact trauma or penetrating injuries, often accompanied by extended unconsciousness or coma.
- Diagnosis is made using advanced imaging techniques, such as MRI or CT scans, alongside comprehensive neurological evaluations to determine the extent of the injury.
- Recovery is typically prolonged and may involve intensive medical care, surgical interventions to address complications, and a multidisciplinary rehabilitation approach aimed at maximizing independence and quality of life.

Non-Traumatic Brain Injuries

Hypoxic-ischemic brain injuries, among the most devastating forms of non-traumatic brain damage, occur when the brain is deprived of oxygen, blood flow, or both. Even a brief interruption can lead to significant damage, affecting critical functions such as speech, memory, vision, or mobility. These injuries often arise from medical malpractice, near-drowning incidents, acts of violence, or birth-related complications, leaving victims and their families grappling with profound physical and emotional challenges.

The long-term effects may require extensive rehabilitation, specialized care, or adaptive technologies to restore some level of independence.

Pursuing legal action can help in seeking compensation to address the overwhelming costs of traumatic and non-traumatic brain injuries and provide support during recovery. Our team can evaluate your case and determine whether you have grounds to file a claim.

Signs and Symptoms of Brain Injuries

Brain injuries can impact individuals in many ways.

The symptoms may vary depending on the severity of the injury, but they typically fall into three categories:

Physical symptoms:
- Headaches: A common sign of a brain injury, ranging from mild to severe.
- Balance problems: Dizziness, difficulty walking, or feeling unsteady on your feet can signal a brain injury.
- Vision issues: Blurred vision, double vision, or sensitivity to light may occur.
- Nausea or vomiting: These symptoms can indicate a brain injury, especially when they occur alongside other signs.
Cognitive symptoms:
- Memory problems: Difficulty recalling recent events, conversations, or simple tasks may point to a brain injury.
- Trouble communicating: Struggling to find the right words, understand conversations, or follow directions can also be a sign.
- Concentration difficulties: Trouble focusing or staying on task, especially in a work or school setting, can result from a brain injury.
Emotional symptoms:
- Personality changes: A person may become more irritable, anxious, or depressed. Sudden changes in mood or behavior are common.
- Emotional disturbances: Feelings of confusion, frustration, or sadness, which may not be typical for the person, can indicate damage to areas of the brain that regulate emotion.

Why Immediate Medical Attention Is Crucial

Seeking medical attention after suffering a brain injury is essential. Even mild brain injuries can worsen, and early treatment can help prevent further complications.

In addition to addressing medical concerns, receiving treatment provides essential documentation that can be used in a personal injury case. Medical records and professional assessments will be crucial in supporting a compensation claim.

Long-Term Effects of Brain Injuries

The long-term effects of a brain injury can significantly impact a person's quality of life. Once simple tasks become overwhelming, regaining independence can take time. For many, this includes challenges in returning to work or maintaining career goals. A brain injury may require adjustments in job responsibilities or even a complete career change, depending on the severity of the injury and the individual's recovery progress.

Rehabilitation and Support for Recovery

Brain injury recovery often involves a combination of therapies tailored to address cognitive, physical, and emotional needs. Rehabilitation can improve outcomes and help individuals regain their independence.

Long-term care for brain injuries often includes:

Physical therapy: Aimed at improving mobility and coordination, physical therapy helps individuals recover from the physical impacts of a brain injury, such as difficulty walking or weakness in certain body parts.
Occupational therapy: This therapy helps individuals regain the skills needed for daily activities, such as dressing, cooking, or bathing, making it easier to live independently.
Speech therapy: Some brain injury victims experience difficulty with speech, language, and communication. Speech therapy helps to improve the ability to speak, understand language, and effectively communicate with others.

Developing a Life Care Plan

Creating a life care plan following a brain injury involves a detailed, multidisciplinary approach that anticipates the injured individual’s medical, financial, and personal needs across their lifetime. This process often includes consultations with neurologists, rehabilitation therapists, and case managers to assess the injury’s long-term impact on cognitive, physical, and emotional well-being.

Beyond healthcare, the plan must account for adaptive equipment, home modifications, ongoing therapies, and future financial and legal considerations to secure stability.

By tailoring recommendations to the unique challenges faced by the individual, a comprehensive life care plan becomes a critical roadmap for navigating the complexities of recovery and daily living. It also informs the demand for compensation in the personal injury case.

Types of Compensation in Brain Injury Cases

If you’ve suffered a brain injury due to an accident, you may be entitled to compensation for the many ways it affects your life. Brain injuries can cause physical, emotional, and financial hardships that last far beyond the initial injury.

Compensation may be available for:

Medical expenses: Compensation for past and future medical expenses is a key part of brain injury claims. These costs include emergency treatment, hospital stays, surgeries, ongoing therapies, medications, and future treatments necessary for recovery or managing long-term effects.
Lost wages: If a brain injury has caused you to miss work or take time off to recover, you can seek compensation for lost wages. Compensation can cover the income you’ve already lost and future wages you may lose due to the injury.
Lost earning capacity: A serious brain injury can impair your ability to work at the same capacity or in the same job you had before the injury. Compensation may be awarded to reflect the reduction in your earning potential, taking into account your profession, skillset, and long-term career prospects.
Decreased quality of life: A brain injury can alter your ability to perform everyday activities or enjoy life as you did before. Compensation for diminished quality of life may cover the injury's physical and emotional toll.
Pain and suffering: Compensation for pain and suffering addresses the physical pain, discomfort, and distress that result from the injury. This compensation can include immediate pain and long-term suffering due to the effects of the injury.
Emotional anguish: Brain injury victims often experience significant emotional challenges, including anxiety, depression, and frustration, which can be as overwhelming as the physical effects. Compensation for emotional suffering acknowledges these unseen struggles and supports coping and recovery.

Two primary avenues are typically employed when pursuing compensation for brain injuries: litigation and negotiation. Each presents its advantages, challenges, and procedural nuances, and the approach often depends on the specifics of the case and the willingness of the opposing party to settle.

Negotiation is the initial method for seeking compensation. It allows for a more expedient resolution without requiring lengthy court proceedings. In this process, attorneys engage in discussions with the opposing party (or their insurance company) to reach a fair settlement. Negotiation can be a more cost-effective approach, as it avoids expensive trials. Yet, successful negotiation requires a keen understanding of the claim's value, strong communication skills, and the ability to advocate effectively for the injured party’s needs, ensuring that the settlement terms reflect the true extent of the injury and the victim’s suffering.

Litigation, which involves taking the case to court, is often a last resort when negotiation fails to yield a fair settlement. The process begins with filing a lawsuit, followed by extensive discovery, including depositions, expert testimony, and gathering evidence. A trial allows the legal team to present compelling arguments backed by medical professionals, accident reconstructionists, and other experts, aiming to demonstrate the injury's severity and the responsible party's negligent actions. However, litigation can be time-consuming and costly, with no guarantee of a successful outcome.

If you’re seeking damages for a brain injury, contact us as soon as possible.

After reviewing the following documents, we can determine whether you have a viable claim:

Medical bills and records
Correspondence with healthcare providers and insurers
Photographs of your injury and the accident scene
Proof of lost wages
Death certificate and autopsy report

Our attorneys are known for providing compassionate guidance and aggressive representation. We can explain your legal options and determine a path for pursuing justice and compensation for accident-related expenses and losses.

Determining the Value of Your Claim

The potential value of compensation depends on the severity of the brain injury, how it has altered your life, and the total costs of medical bills, lost wages, and other damages. Severe injuries that cause long-term physical and cognitive impairments often lead to higher settlements, as these injuries tend to involve substantial medical costs and significant lifestyle changes.

A lawyer can help evaluate your case, considering present and future needs such as ongoing rehabilitation, home modifications, or transportation assistance. They can also consider how the injury has affected your quality of life and whether the compensation offered in a settlement is fair. If a negotiated settlement isn’t sufficient, your lawyer can determine whether taking the case to court is the appropriate course of action.

Why Hiring a Brain Injury Lawyer Is Important

Coping with the effects of a brain injury from an accident can be overwhelming, particularly when navigating the legal complexities. A brain injury attorney can help you understand your options, defend your rights, pursue fair compensation, and hold the responsible parties accountable.

Navigating the Legal Process

A brain injury lawyer can handle the complexities of a personal injury case. From gathering evidence to managing paperwork, legal representation manages every step correctly. The process can be overwhelming, especially when dealing with medical treatments and recovery. Still, an experienced lawyer can guide you through it, keeping you informed at each stage.

Pursuing Compensation

After a brain injury, medical bills, rehabilitation costs, lost wages, and other expenses can quickly add up. A lawyer works toward recovering compensation for these financial burdens, preventing you from struggling to cover costs due to someone else's negligence. They also pursue compensation for pain and suffering, emotional distress, and long-term care needs.

Establishing Liability and Holding Responsible Parties Accountable

A skilled brain injury lawyer can work to determine legal responsibility for the accident that caused the injury. This process could involve proving negligence by a driver in a car accident, an employer in a workplace injury, or another party. By establishing liability, the lawyer can pursue the appropriate parties for compensation, holding them accountable for their actions or negligence that led to the injury.

Contact Us to Discuss Your Case

National Trial Law pursues justice for brain injury victims. With more than five decades of experience, three board-certified trial attorneys by the Texas Board of Legal Specialization, and a proven track record, we have the knowledge and resources to take on even the most complex cases. Whether negotiating a fair settlement or litigating in court, we fight for the maximum compensation our clients deserve.

We encourage you to contact us for a free consultation to discuss the details of your case. Call (833) 913-1885.

What Sets Us Apart

PEER APPROVED

More attorneys named Super Lawyers by Thomson Reuters in the “Personal Injury Medical Malpractice: Plaintiff” category in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025, than any other law firm in Texas (Bill Whitehurst, Chip Brees, Michelle Cheng, Jamal Alsaffar, Laurie Higginbotham and Tom Jacob)
RECORD-SETTING RESULTS NATIONWIDE

Our firm has achieved some of the highest judgments and settlements under the Federal Tort Claims Act across multiple states. With a track record of setting legal benchmarks nationwide, we are committed to delivering exceptional outcomes for our clients.
TEXAS ROOTS

Founded in Austin with more than 50 years of trial experience.
NATIONAL REACH

National results in complex personal injury litigation.
DEEP BENCH

Many experienced lawyers ready to serve you.
SE HABLA ESPAÑOL

Our team has multiple Spanish speaking staff members.