Legal Steps to Take for a Successful Brain Injury Case


When pursuing a lawsuit for a brain injury, it is very important to take legal action at the beginning to ensure your physical and financial well-being can be recovered. Because your condition could continue to worsen, the decisions you make early on in the process will determine whether your claim will succeed or fail.

San Antonio, Texas, pulses with energy from its sprawling highways and bustling construction zones to vibrant public spaces teeming with activity. This dynamic environment heightens risks for traffic accidents, work incidents, and falls—the leading causes of brain injuries. 

If your medical bills are increasing and daily activities have changed, meeting with a brain injury lawyer in San Antonio from George Salinas Injury Lawyers can assist you in understanding how state law applies and what types of evidence are necessary.

Step #1: Receive Prompt and Continuing Medical Attention

Receiving medical attention immediately after an injury establishes a direct link between the injury and the incident and provides a permanent record of your injury.

Emergency room visits, tests (i.e., MRI or CT scans), and follow-up appointments provide medical professionals with the ability to document a concussion, traumatic brain injury, or delayed-onset symptoms related to the injury.

Early detection and documentation by medical providers have been shown to improve outcomes and document the degree of severity.

Step #2: Record Your Injuries and Restrictions

Since most people do not see brain injuries, documenting your injuries and restrictions is essential. Writing down every headache, memory lapse, mood change, and instance of fatigue you experience will help establish how the injury has affected your daily routine.

Step #3: Maintain Any Evidence Related to the Accident

Take photos, video recordings, witness statements, and accident reports as soon as possible. Physical evidence may disappear quickly in a vehicle collision or a slip-and-fall accident. The existence of evidence supports your argument regarding liability.

Step #4: Determine Liability

Establishing liability is required to file a successful claim. Determining liability typically involves proving that another party acted negligently by operating a vehicle, maintaining premises, or failing to implement adequate safety measures.

Step #5: Establish the Total Financial Damage

Your total financial damage resulting from a brain injury may exceed your initial medical treatment costs. Your claim for damages may include ongoing medical care, rehabilitation, loss of earnings, and diminished earning potential. 

The National Institutes of Health indicates that cognitive effects may result in job loss and reduced independence.

Step #6: Avoid Pressuring for an Early Settlement

After receiving an injury, insurance companies may try to pressure you into accepting an early settlement before they know the extent of your damages. Settling too early may leave some of your future expenses uncovered.

Step #7: Prepare for Litigation

Although many cases settle, some will proceed to trial. Maintaining organized records and providing expert testimony will allow you to present a strong case in court.

Key Takeaways:

  • Seek immediate and continuing medical attention.
  • Document your symptoms and limitations.
  • Preserve all available evidence.
  • Prove negligence.
  • Consider your future financial needs.
  • Do not accept an early settlement offer.

Prepare for trial.

We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.

The owners and authors of Cinnamon Hollow are not doctors and this is in no way intended to be used as medical advice. We cannot be held responsible for your results. As with any product, service or supplement, use at your own risk. Always do your own research and consult with your personal physician before using.


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