Suffered a Traumatic Brain Injury (TBI) in a San Antonio Accident? We Understand the Invisible, Life-Altering Damage.
A violent blow or jolt to the head—common in car crashes, truck collisions, falls, and workplace accidents—can cause a traumatic brain injury (TBI). Unlike a broken bone, a TBI is often an “invisible injury.” You may look fine on the outside, but on the inside, your brain’s delicate neural pathways have been damaged. This can silently rob you of your memory, your ability to concentrate, your emotional stability, and your very personality. The effects—headaches, dizziness, mood swings, cognitive fog, and fatigue—can be permanent, disrupting your career, your relationships, and your independence. The cost of a lifetime of specialized medical care and support can be overwhelming.
At Barton & Associates, our San Antonio traumatic brain injury lawyers are skilled advocates for TBI survivors and their families. We understand the complex medical science behind brain injuries and know how to translate this complexity into a powerful legal claim. Insurance companies notoriously downplay the severity of TBI because scans can appear normal. We combat this by working with a network of leading neurologists, neuropsychologists, and life-care planners to build an undeniable case that proves the full extent of your cognitive and emotional losses, fighting for the compensation necessary to secure your future care and quality of life.
Understanding Traumatic Brain Injury: More Than Just a “Concussion”
TBIs exist on a devastating spectrum, from mild concussions to severe, disabling damage. The severity is not defined by the initial loss of consciousness, but by the long-term functional impact.
- Mild TBI (Concussion): May involve a brief change in mental status or consciousness. Symptoms like headache, confusion, and memory problems can persist for months or years (Post-Concussion Syndrome), preventing a return to normal life.
- Moderate to Severe TBI: Often involves extended unconsciousness or amnesia after the injury. These injuries cause significant, lasting cognitive, physical, and behavioral impairments that require a lifetime of rehabilitation and assisted living.
The Life-Altering Consequences of a TBI
The brain controls everything we are. Damage to different areas causes specific deficits:
- Cognitive Impairments: Memory loss, shortened attention span, difficulty with problem-solving and planning, slowed thinking (“brain fog”).
- Physical Symptoms: Chronic headaches, dizziness, blurred vision, fatigue, sensitivity to light/noise, sleep disturbances, loss of balance and coordination.
- Emotional & Behavioral Changes: Depression, anxiety, irritability, aggression, emotional outbursts, impulsivity, and a dramatic change in personality. This is often the most difficult aspect for families.
- Loss of Executive Function: The inability to manage daily life—organizing tasks, managing finances, holding a job. This loss of independence is a core element of damages.
How TBIs Happen in Accidents: The Mechanics of Injury
Our legal team understands the biomechanics that cause TBI in common accidents:
- Car & Truck Accidents: The sudden acceleration-deceleration forces cause the brain to slam against the inside of the skull (coup-contrecoup injury), even without a direct impact to the head.
- Motorcycle & Bicycle Accidents: Direct impact with the ground or a vehicle, often without helmet protection, causes focal brain damage.
- Slip and Fall Accidents: Striking the head on a hard floor or the ground, common among the elderly, can cause bleeding on the brain (subdural hematoma).
- Construction & Workplace Accidents: Falls from height or being struck by objects lead to severe, direct head trauma.
The Legal Challenge: Proving an “Invisible” Injury
This is the central battle in a TBI case. Defense lawyers and insurance adjusters will claim your symptoms are due to stress, pre-existing conditions, or are simply exaggerated. They point to “normal” CT scans and MRIs, which often cannot detect diffuse axonal injury (the tearing of brain connections).
Our strategy is to prove the injury through functional evidence, not just structural imaging. We build an irrefutable case by securing:
- Detailed Medical Documentation: From neurologists and physiatrists who specialize in brain injury.
- Neuropsychological Testing: This is the gold standard for proving TBI. A neuropsychologist administers hours of validated tests that objectively measure deficits in memory, processing speed, executive function, and IQ. The resulting report is powerful, court-admissible evidence.
- Vocational Expert Testimony: To demonstrate how your cognitive deficits prevent you from returning to your previous job or any gainful employment.
- Family & Colleague Testimony: To provide a “before and after” picture of the profound changes in your personality and capabilities.
The Critical Steps After a Potential Brain Injury
- Seek Immediate and Specialized Medical Care: Go to the ER. Follow up with a neurologist or a brain injury specialist. Do not downplay symptoms like confusion or headaches. Keep a detailed journal of all symptoms.
- Follow All Treatment Recommendations: This includes cognitive therapy, speech therapy, and psychological counseling. Gaps in treatment will be used against you.
- Document the Impact on Your Daily Life: Keep a log of memory lapses, emotional struggles, and tasks you can no longer perform. Have family members do the same.
- Avoid Returning to Work Too Soon: A failed attempt to return to work can be used to argue you are not truly impaired. Follow your doctor’s restrictions.
- Contact a TBI-Specialized Attorney Early: Call Barton & Associates. The process of arranging neuropsychological testing and building a life-care plan takes time and must be done correctly.
How Barton & Associates Builds a Maximum Recovery TBI Case
We treat every TBI case as a catastrophic, lifelong injury requiring a specialized approach:
- Early Engagement of Medical & Rehabilitation Experts: We connect you with the right doctors from the start to ensure your condition is properly diagnosed and treated, creating a solid medical foundation for the claim.
- Comprehensive Life Care Planning: We work with certified life care planners and economists. They create a detailed, evidence-based report projecting your lifetime costs, which may include:
- Future medical care (neurologist visits, medications, therapy)
- Cognitive rehabilitation
- Vocational retraining
- Home health aides or assisted living
- Home and vehicle modifications
- Calculating “Loss of Earning Capacity”: This is often the largest economic damage. We prove not just lost wages, but that your brain injury permanently reduces your ability to earn a living at any job comparable to your pre-injury work.
- Valuing Non-Economic Damages: We fight to put a monetary value on the loss of your cognitive abilities, your personality, your ability to enjoy hobbies and family life, and the immense mental anguish of knowing what you have lost.
Why You Need a Firm That Understands Brain Injury Science
A general personal injury attorney may settle a TBI case for a fraction of its true value. These cases demand a firm that:
- Speaks the language of neurologists and neuropsychologists.
- Knows how to use defense medical examinations (IMEs) to your advantage.
- Has the financial resources to front the significant costs of expert testimony and life-care plans.
- Can persuasively present a complex medical case to a jury.
The Barton & Associates Difference
- A Network of Premier Medical Experts: We have established relationships with leading TBI specialists in Texas.
- Focus on Future Needs: We look decades ahead to ensure any settlement or verdict will fund the care you will actually need.
- Compassionate, Patient Advocacy: We understand the frustration and grief of TBI survivors and their families. We guide you through this long process with support and determination.
Don’t Let an Insurance Company Undervalue Your Stolen Future
The adjuster’s initial offer will cover your ambulance ride and a few doctor’s visits. It will completely ignore the $3 million life-care plan for your future needs. Accepting such an offer is a catastrophic mistake that will leave you and your family financially devastated as your care needs grow.
Our mission is to secure a recovery that acts as a financial safety net for the rest of your life, providing the resources for the best possible rehabilitation and quality of life.
Contact Our San Antonio Traumatic Brain Injury Law Firm Today
If you or a loved one has suffered a significant blow to the head in any accident and are experiencing persistent cognitive, emotional, or physical symptoms, you may have a TBI. The legal and medical process to secure your future must begin now.
Your brain injury is real, even if it’s invisible. We have the tools to prove it.
Call Barton & Associates, Attorneys at Law, now at 210-500-0000 for a free, confidential consultation. We will listen with care, explain the critical steps in a TBI case, and begin building the comprehensive evidence needed to win the compensation you deserve.
Main Category: Personal Injury
Practice Area Category: Catastrophic & Severe Injuries
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000