Our Firm Represents Victims of Traumatic Brain Injuries Across Texas and the United States

The brain injury lawyers at Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC, have extensive experience handling traumatic brain injuries, including hypoxic or ischemic brain injury cases, on behalf of individuals and families affected by these catastrophic injuries. We recognize that brain damage can have long lasting, devastating effects that can change a person’s life forever. In most cases, this type of injury will change the lives of the injured person’s family and loved ones as well. As a result, we fight tirelessly to ensure head injury victims and their families recover the maximum amount of compensation they are entitled to.

Are you a member of the military that experienced a brain injury while in the care of a military medical provider? Some of our biggest case results have been against the Government as a result of negligence at the VA or military medical facilities. But we also handle traumatic brain injuries for non-military.

If you or someone you love has suffered a traumatic brain injury or hypoxic ischemic brain injury, contact us today to speak with an experienced Texas brain injury lawyer about seeking compensation for your losses.

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How Does a Traumatic Brain Injury Occur?

Traumatic brain injuries occur when a person experiences a sudden blow to the head. There are several ways in which these types of injuries occur, including (but not limited to):

Auto accident

Auto accident – Motor vehicle accidents are the cause of many serious head injuries. A vehicle occupant may sustain a head injury when the skull strikes the steering wheel, windshield or any other object.

Truck accident

Truck accident – Just like a car accident, truck accident victims are at risk of head injury when the head sustains a violent impact.

Motorcycle accident

Motorcycle accident – These accidents often result in loss of consciousness, head injury, brain damage, and worse when the rider’s head strikes the pavement or another vehicle, with the worst outcomes occurring when the rider is not wearing a helmet.

Aviation accident

Aviation accident – In an aviation accident, those who survive often have severe, life-altering injuries that sometimes include brain damage. These injuries result in enormous medical bills.

Sports-related accident

Sports-related accident – Any sport involving speed, impact and/or hard surfaces or objects can result in a serious head injury. Examples include hockey, football, baseball, cycling, lacrosse, skateboarding, soccer, etc.

Slip and fall accident

Slip and fall accident – Icy or slippery surfaces are responsible for many injuries, particularly when a head hits the hard floor or ground.

Construction site accident

Construction site accident – Head injuries at construction sites are caused by slippery surfaces, falling debris, and unstable structures.

Violence, physical assault

Violence, physical assault – Violence between two people causes serious injuries. If the victim is choked, shaken, shot, or struck in the head, the result can be loss of consciousness, oxygen deprivation, brain damage, or death.

According to reports, the leading causes of traumatic brain injuries are auto accidents, slip and falls, and sports-related accidents.

Hypoxic/Ischemic Brain Injuries

Hypoxia means a deprivation of adequate oxygen supply. Ischemia is a deprivation of blood flow. When a restriction of blood flow deprives a person’s brain of oxygen, global brain damage can result. This type of injury can impair a person’s memory, the ability to ambulate, speak, see, and swallow, and other bodily functions that impact activities of daily living.

People who suffer head injuries may experience damages in addition to the direct symptoms of the injury. Such damages can drastically affect the quality of their lives. For instance:

  • Financial damages from lost wages during the recovery process and lost earning capacity if the injury prevents the person from pursuing his/her normal course of employment
  • Additional financial damages may involve expensive medical care and bills associated with long-term treatments and medication
  • Decreased quality of life if the injury prevents the person from engaging in normal, everyday activities such as exercise, sports and other social activities
  • Strain on relationships with co-workers, friends and family members
  • Depression as the person realizes his or her life will never be the same

Your Brain Injury Case

The potential value of a negotiated settlement, or alternatively, a trial verdict, will vary depending on the severity of the head injury, the extent to which the patient’s life has been altered, the dollar amount of medical bills, and other factors. These amounts are determined based on actual economic losses incurred plus any additional amounts agreed to for non-economic losses for pain and suffering, loss of enjoyment, and loss of future earnings.

It is important to note that the State of Texas caps the amount of non-economic damages that can be awarded at $250,000 per claimant against a single provider or institution and $500,000 per claimant overall. There is no cap on economic damages a brain injury attorney can obtain after a traumatic brain injury.

How Much Can You Receive in Settlements

If you or someone you love has sustained a traumatic brain injury or a hypoxic/ischemic brain injury as a result of another person’s negligence or recklessness, we can help you obtain justice. Our Austin brain injury lawyers have a reputation for success. We will fight aggressively to ensure you recover the compensation necessary to help you move forward with your life.

The first step in the process is to review the details of your case during a phone call with our intake specialist. For us to best evaluate the viability of your case, we recommend that you gather as many of the following documents as possible: medical records, medical bills, correspondence with hospitals, physician, insurers, etc., photographs, evidence of lost wages, death certificate and autopsy report (if applicable).

If your case is viable, an experienced brain injury lawyer from our firm will be assigned to your case. At this time, the attorney-client relationship will be established and anything you tell your attorney will remain confidential. Your attorney will discuss all the details of your case with you and develop a strategy for pursuing compensation for you and your family. If you need assistance in obtaining some of the required documents, our team can help. There is no fee for our services unless you receive a successful verdict or settlement.

Case Results

You can look at our national reach page to see our success in states across the United States. You can also see our full results on our case results page. Here are some of the cases that we have won on behalf of clients:

$6,500,000 Settlement

Air Force Medical Malpractice Brain Injury $4,581,969.98 to clients $1,625,000.00 attorneys fees $285,061.14 litigation expenses Timmons v. United States Fort Walton Beach Medical Center Air Force settled this case after its doctors and nurses provided too much oxytocin to our client and failed to monitor her labor and delivery, causing […]

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$2,000,000 Settlement

Veterans Affairs Medical Malpractice Brain Injury $1,432,118 received by clients with lifetime benefits $500,000 attorneys’ fees $67,227 litigation expenses Richardson v. United States Audie Murphy VA Hospital Our client was on the telemetry floor of the hospital. He went to the bathroom, pushed the nurse call button, and coded […]

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$1,625,000 Trial Judgment

Air Force Medical Malpractice Brain Injury $1,067,624 received by clients $418,248 attorneys’ fees $227,001 litigation expenses Hogans v. United States Madigan Army Medical Center Army providers at the Lewis-McChord Army Base in Tacoma, Washington, as well as Army doctors at Winn Army Community Hospital in Ft. Stewart, Georgia failed to […]

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Frequently Asked Questions

What Is the Average Payout for Head Injury?

The average payout for a head injury will vary depending on the circumstances. Payouts are determined based on the plaintiff’s economic losses and additional non-economic losses for loss of enjoyment, loss of future earnings, and pain and suffering.

The State of Texas limits non-economic damages to $250,000 per claimant against a single provider or institution and $500,000 per claimant overall. Economic damages are not limited.

What Is Considered an Acquired Brain Injury?

An acquired brain injury (ABI) is brain damage acquired after birth. The injury can be caused by trauma (e.g. motor vehicle accidents) or a non-traumatic internal or external source (e.g. oxygen deprivation, infection, poisoning).

How Much Is a Head Injury Lawsuit Worth?

A head injury lawsuit can be worth up to $500,000 plus actual economic losses from the patient’s injuries. Texas caps non-economic damages for lost future earnings, emotional pain and suffering, and the like at $250,000 per claimant against a single provider or institution with a maximum of $500,000 per claimant overall. Speak to a brain injury attorney at Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC to learn more.

What is a Minor Traumatic Brain Injury (MTBI)?

A minor or mild traumatic brain injury, also called concussion, affects the functioning of your brain temporarily. Those who receive an MTBI may experience a brief loss of consciousness, headache, confusion, memory loss, dizziness, nausea, mood changes, etc. Common causes include minor motor vehicle accidents, and sports injuries.


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