Calculating compensation for a traumatic brain injury from a truck accident involves a detailed assessment of all current and future costs related to the injury, as the long-term financial impact can be substantial.

While determining the full value of a claim is a complex process, guidance from a truck accident lawyer can clarify the path forward. 

This enables you to make informed decisions about your recovery and understand the financial support you may be eligible for under Texas law.

From lifetime medical needs to the loss of earning potential, each element plays a critical role in accounting for the true cost of a TBI. 

Stephens Law is ready to help you understand the potential value of your claim or personal injury lawsuit during a free case evaluation.

Call (817) 420-7000 or message our Texas personal injury law firm online to further explore the following legal insights.

  • Compensation may cover more than medical bills. A claim for a TBI goes beyond immediate hospital costs to include future medical care, rehabilitation, lost income, and the personal impact of the injury, such as pain and suffering.
  • Calculating future costs is critical to supporting your recovery. Accurately projecting future medical costs is one of the most important aspects of a TBI claim. This often requires input from medical and financial professionals to create a life care plan.
  • Multiple parties may be liable. In addition to the truck driver, liability for trucking company negligence is common. Other responsible parties can include cargo loaders, maintenance companies, or vehicle manufacturers.
  • The Texas statute of limitations is strict. Generally, the Texas statute of limitations for injury claims requires a lawsuit to be filed within two years of the date of the accident. A lawyer can help manage this and all other legal deadlines to protect your rights.
  • Evidence preservation is time-sensitive. Key evidence, such as driver logs, vehicle maintenance records, and electronic data from the truck, can be lost or destroyed. It is important to act quickly to secure this information.
  • Do not accept a quick settlement offer. Insurance companies often make low initial offers to settle claims quickly. These offers rarely account for the true long-term costs of a brain injury, and accepting one may prevent you from seeking further compensation.

What Is the True Cost of a Traumatic Brain Injury Caused By a Truck Accident in Texas?

A traumatic brain injury (TBI) is one of the most severe injuries a person can sustain in a truck accident. 

Blind Spot Truck Accidents in Fort Worth, TX

Unlike a broken bone that heals, a brain injury can alter a person’s life forever. The initial hospital stay is often just the beginning of a long and expensive journey.

The long-term financial impact can be staggering. Many TBI survivors require ongoing medical care, including sessions with neurologists, physical and occupational therapists, and mental health professionals.

Some may need in-home assistance or modifications to their homes to accommodate new physical or cognitive limitations. These are not one-time expenses; they represent a lifetime of costs that must be accounted for.

Considering these future needs is a challenging yet necessary step in understanding what a fair financial recovery entails. 

A free case evaluation with an experienced TBI lawyer from Stephens Law can help you understand the full potential value of your claim or lawsuit.

What Types of Traumatic Brain Injuries Occur in Truck Accidents?

Each of these injuries carries significant financial and emotional burdens. Without effective legal representation, victims and their families may struggle to cover the costs of treatment, rehabilitation, and lost income. 

A truck crash injury attorney from Stephens Law can help calculate and assess the potential costs in an effort to maximize your recovery.

Closed-Head Injuries: Hidden Damage with Long-Term Costs

Closed-head accident injuries occur when the head strikes an object, but the skull remains intact. While there may be no visible wound, the damage can be significant and long-lasting.

  • Concussions: Often considered “mild,” concussions can still lead to memory issues, headaches, and difficulty concentrating.
  • Contusions: Bruising of the brain tissue, which can cause swelling and pressure inside the skull.
  • Hematomas: Blood clots that form between the brain and skull, potentially requiring surgical intervention.

The cost of treating closed-head injuries can range from $85,000 to $150,000+ for initial care, including emergency room visits, imaging tests, and follow-up appointments. 

Without effective legal representation, injured parties may be held responsible for these expenses, as well as the costs of ongoing therapy and rehabilitation.

Open-Head Injuries: Severe Trauma with Lifelong Implications

Open-head truck crash injuries occur when an object penetrates the skull and damages brain tissue. These injuries are often catastrophic, requiring immediate surgery and intensive care to prevent infection and further complications.

  • Skull fractures: Breaks in the skull that expose the brain to external elements.
  • Penetrating injuries: Objects like debris or metal shards entering the brain tissue.
  • Infections: A high risk of infection due to exposure of brain tissue.

Treatment for open-head injuries can exceed $1 million over a lifetime, factoring in surgeries, hospital stays, and long-term care. These costs highlight the importance of holding negligent parties accountable to secure financial recovery for victims and their families.

Diffuse Axonal Injuries (DAI): Invisible Yet Devastating

Diffuse axonal injuries occur when the brain shifts or rotates violently inside the skull, tearing the long nerve fibers (axons) that connect different parts of the brain. 

This type of injury is common in high-impact truck accidents and often results in severe, permanent disability.

  • Loss of consciousness: Victims may remain in a coma for days or weeks.
  • Cognitive impairments: Difficulty with memory, attention, and problem-solving.
  • Physical challenges: Loss of motor skills or coordination.

The cost of care for DAI can range from $1 million to over $ 3 million, depending on the severity and the need for lifelong medical support. These injuries often require extensive rehabilitation, including physical therapy, speech therapy, and psychological counseling.

Secondary Brain Injuries: Delayed Symptoms That Add to Costs

Secondary brain injuries develop over time as a result of the initial trauma. These can include swelling, reduced blood flow to the brain, or increased intracranial pressure.

  • Edema: Swelling of brain tissue that can lead to further damage.
  • Hypoxia: Reduced oxygen supply to the brain, causing cell death.
  • Intracranial pressure: Increased pressure inside the skull, which may require surgical intervention.

Secondary injuries often go undiagnosed for weeks or months, leading to delayed treatment and additional costs. Victims may face expenses for ongoing monitoring, diagnostic tests, and emergency interventions, which can add tens of thousands of dollars to their medical bills.

Calculating the Lifetime Costs of a TBI

One of the most challenging parts of a truck accident traumatic brain injury compensation claim is calculating the cost of future care. You only get one opportunity to pursue a settlement or verdict, so it is important that the amount reflects all of your future needs.

brain scan

This calculation is often done by creating a “life care plan.” This is a detailed document prepared by medical and financial professionals that outlines all anticipated medical and non-medical needs for the rest of a person’s life.

A life care plan may include costs for:

  • Ongoing medical treatments: This covers future surgeries, doctor visits, prescription medications, and diagnostic tests.
  • Rehabilitation and therapy: TBI rehabilitation and therapy can include physical therapy, speech therapy, occupational therapy, and psychological counseling.
  • In-home care or assistive living: Many TBI survivors require assistance with daily activities, ranging from a few hours a day to 24/7 care.
  • Home and vehicle modifications: This can include installing ramps, widening doorways, or purchasing a specially equipped vehicle.
  • Assistive devices and technology: Items like wheelchairs, communication devices, and specialized software are often necessary.

Accurately projecting these costs is not something anyone should do alone. It requires a team of professionals who can provide a comprehensive and defensible analysis of what the future holds.

Lost Earning Capacity and Its Role in Compensation

A severe TBI can make it impossible for a person to return to their previous job or, in some cases, to work at all. The loss of income is a major component of any catastrophic injury claim.

Lost earning capacity after a truck crash refers not just to the wages lost while you are recovering but to the income you will lose over your entire working life. 

Calculating lost earning capacity involves:

  • Analyzing your work history, education, and skills.
  • Determining your likely career path and salary progression had the accident not occurred.
  • Assessing how your injuries will limit your ability to work in the future.

This analysis often requires the input of a vocational rehabilitation professional and an economist. They can provide a clear picture of the financial opportunities lost due to the injury, which becomes a key part of the claim for financial recovery for TBI victims.

Non-Economic Damages: Pain, Suffering, and Quality of Life

The impact of a TBI goes far beyond financial costs. The physical pain, emotional distress, and loss of ability to enjoy life are profound. These are known as non-economic damages, and they are a significant part of any Texas truck crash head trauma claims.

Non-economic damages may include compensation for:

  • Pain and suffering: This accounts for the physical pain and discomfort caused by the injury and its treatment.
  • Mental anguish: This covers the emotional distress, including depression, anxiety, and frustration, that often accompanies a life-altering injury.
  • Loss of enjoyment of life: A TBI can prevent someone from participating in hobbies, activities, and relationships they once enjoyed.
  • Scarring and disfigurement: Visible scarring can have a significant psychological impact, affecting self-esteem and social interactions.

While it is impossible to put a true dollar value on these losses, pursuing pain and suffering damages from a TBI is an important part of seeking justice.

Identifying Liable Parties in a Brain Injury Truck Accident

In a truck accident case, the driver is not always the only one at fault. Commercial trucking operations are complex, and there are often multiple liable parties in brain injury truck cases. 

A thorough case and evidence analysis is needed to identify every person or company whose negligence contributed to the crash.

Potential liable parties may include:

  • The trucking company: A carrier may be held responsible for its driver’s actions and for its own negligence, such as improper driver training or encouraging violations of safety rules.
  • The cargo owner or loader: If the truck was improperly loaded, causing it to become unstable, the company that loaded the cargo could be at fault.
  • A maintenance company: If the crash was caused by a mechanical failure, such as bad brakes, the company responsible for maintaining the truck could be held liable.
  • The truck manufacturer: In rare cases, a defect in the truck itself could be the cause of the accident.

Investigating the role of each party is essential for building a strong claim. An experienced legal team can navigate these complexities and work to hold all responsible parties accountable.

TBI Compensation Claims After a Texas Truck Accident FAQs

Can I file a TBI claim and a wrongful death lawsuit at the same time in Texas?

You may be able to pursue both claims if a loved one’s TBI led to their passing. A lawyer can evaluate your case and guide you through the process to ensure all legal options are explored.

How do I know if I have suffered a TBI injury?

Symptoms like headaches, memory loss, or mood changes may indicate a TBI, but only a medical professional can confirm it. A lawyer can help connect you with the right resources and use medical evidence to support your claim.

When should I contact a truck accident lawyer about my case?

Immediately. A lawyer can preserve evidence, meet deadlines, and handle negotiations, giving you the most optimal chance at securing compensation while you focus on recovery.

Pursue Compensation for TBI Injuries After a Texas Truck Accident With Stephens Law

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Have you considered all the ways a TBI could affect your financial future? If you or a loved one has suffered a brain injury in a truck accident, you do not have to figure this out on your own.

Contact Stephens Law online or at (817) 420-7000 to discuss your situation and learn more about your legal rights with our experienced truck accident injury lawyers..