Best Brain Injury Lawyers in Garland, TX

FAQs

• What is the non-emergency contact number for the local police station in Garland, Texas?

  The non-emergency contact number for the Garland Police Department is (972) 485-4840.

• Where can I get a copy of police reports for incidents related to my case in Garland, Texas?

  You can get a copy of police reports for incidents related to your case at the Garland Police Department. To process your request, complete all the details asked for in this form: https://www.garlandpolice.com/DocumentCenter/View/1285/Open-Records-Request-Form. Indicate the requesters' name, address, and phone number. In addition, specify information such as the date, time, and location of the incident, as well as the individual's name and date of birth.

• Is there a deadline for filing a brain injury claim in Garland?

  Yes. According to Tex. Civ. Prac. & Rem. Code § 16.003, victims of brain injuries must submit a civil suit against a negligent party within two years from the date the accident occurred. Should the victim or their family fail to file a claim in Garland within two years, they lose the chance of collecting compensation for the injuries and financial losses they have suffered.

• Can you re-negotiate a brain injury claim in Garland after accepting a claim?

  You cannot re-negotiate a brain injury claim in Garland after accepting the claim since all settlement amounts under normal circumstances are considered final. Even if you realize that your injuries are worse than you thought, if you have already settled a claim, you cannot re-negotiate or pursue additional compensation later. Therefore, you should ask the help of a personal injury attorney for guidance throughout the legal process and thorough representation against insurance companies on your behalf.

• How can you prove negligence against another party in a Garland brain injury claim?

  To establish the negligence of the party responsible for a brain injury accident in Garland, your attorney must establish the following:

  • That the party had a duty of care toward another.
  • That the duty of care was breached.
  • That the breach resulted in brain injury.
  • That the injuries and damages associated with the accident can be proven in court.

  Retaining an attorney will help you demonstrate these points in the circumstances of the case.

• Is negligence enough for a brain injury victim to claim punitive damages in Garland?

  According to Section 41.003, the court awards punitive or exemplary damages if a plaintiff in Garland can prove clearly and convincingly that their injury was due to fraud, malice, or gross negligence. This means that negligence is not enough and that the party responsible for the brain injury should have acted in a particularly egregious or intentional way for the victim to receive punitive or exemplary damages. Additionally, this can only be awarded to the plaintiff if the jury reaches a unanimous verdict.

• Do brain injury damages have a cap in Garland?

  Yes. Garland imposes caps on damages in three scenarios:

  • If the brain injury is due to malpractice, the victim cannot recover more than $250,000 in non-economic damages from each doctor or medical center and more than $500,000 collectively from all medical facilities.
  • If the government is responsible for the brain injury, the victim cannot recover more than $250,000 per person involved, $500,000 for any single event, or $100,000 for property damage.
  • If the brain injury was the result of heinous acts or gross wrongdoing, the victim may recover punitive damage claims but cannot exceed the cap of $200,000 or twice the amount of non-economic damages plus an equal amount of non-economic damages, up to $750,000 (whichever is larger).