Swimming is a popular pastime in Houston, with the city featuring dozens of public pools and residential properties providing thousands more. While pools provide a chance to cool off during the hot months, swimming pool accidents are one of the most common causes of anoxic brain injuries. An anoxic brain injury occurs when the brain is deprived of oxygen, such as during a near-drowning incident. Other common negligence-based causes of anoxic brain injuries can include electrocution, carbon monoxide or smoke inhalation, blood loss from an accident, or strangulation due to a property owner or manager’s negligence.
If you or your loved one suffered an anoxic brain injury because someone else was careless, you may be eligible to seek compensation through the personal injury claims process. A Houston anoxic brain injury lawyer from Benjamin Roberts Law could explain this process in more detail and tell you about the services our experienced traumatic brain injury attorneys could provide to assist you with your claim.
The Significant Costs of Anoxic Brain Injuries
The brain is one of the most important parts of the body, controlling everything from breathing, pulse, and the sleep/wake cycle to balance, coordination, memory, and mood. Anoxic brain injuries occur when the body is deprived of oxygen for about four minutes or more, and brain cells begin to die. Despite all of the important things the brain does for the body, one thing it has difficulty doing is recovering from injury. As a result, the symptoms of the injury, such as changes to a person’s wakefulness, thinking, comprehension, emotional control, creativity, and movement, can be permanently impacted.
In many cases, an individual with an anoxic brain injury will incur hundreds of thousands of dollars (or more) in medical bills for the treatment of symptoms of the injury throughout their lifetime. They are often unable to work or live independently, requiring placement in a long-term care facility or hiring someone to help them with activities of daily life. In addition to the steep financial costs of living with and treating an anoxic brain injury, there are tremendous psychological costs as well, including a loss of the enjoyment of life, physical pain and suffering, and more.
The personal injury claims process in Houston allows individuals to seek compensation for anoxic brain injuries. It begins by filing a claim against the insurance policy held by the party responsible for the accident. If the insurer refuses to pay, the claimant can file a lawsuit for a judge or jury to determine fault and damages.
How Long Do You Have to File a Claim After an Anoxic Brain Injury?
While the personal injury claims process offers a path for those with catastrophic injuries caused by another’s negligence to pursue compensation, most anoxic brain injury lawsuits must be filed within the state’s two-year personal injury statute of limitations. Two years provides a limited time to evaluate the claim, negotiate with insurers, and prepare for litigation. A skilled Houston anoxic brain injury lawyer ensures the case is ready and the lawsuit is filed within the deadline to preserve all available legal options for the claimant.
Failing to adhere to the statute of limitations will almost always result in the court refusing to hear the case. Additionally, a settlement will be highly unlikely as the insurance company is no longer required to resolve the claim once the statute of limitations has expired.
Contact a Houston Anoxic Brain Injury Lawyer from Benjamin Roberts Law
Catastrophic injuries, such as anoxic brain injuries, almost always result in profound changes to the lives of the sufferer and their loved ones. Let our dedicated Houston anoxic brain injury lawyer help you understand the options you have for seeking compensation. Contact us today for a free case evaluation.
Below are just some of the more common types of cases that Benjamin Roberts represents personal injury clients.
For a full list of the cases we handle, please see the Practice Areas link at the top of the page.