Frequently Asked Questions

Find answers to commonly asked questions for personal injury lawyers, eminent domain and condemnation, pro bono representation, and more. Looking to speak with someone on our team?

Make the call that matters and contact us today.

 
 

What is a concussion? / What is a traumatic brain injury (TBI)?

A mild traumatic brain injury (TBI) is a traumatically induced physiological disruption of brain function. According to the American Congress of Rehabilitation Medicine (ACRM), a person with a TBI may NOT have a loss of consciousness following the injury.

A TBI may follow any one of the following:

  • any period of loss of consciousness; OR

  • any loss of memory for events immediately before or after the crash; OR

  • any alteration in mental state at the time of the accident (eg, feeling dazed, disoriented, or confused); OR

  • focal neurological deficit(s) that may or may not be transient.

This includes trauma when the brain undergoes an acceleration/deceleration movement (i.e., whiplash) without direct external trauma to the head. A TBI can be present even when CT scans and MRIs are “normal,” and this are often missed when there are other serious injuries present.

If you or a loved one suspect a TBI, be sure to get medical attention. It’s important to take someone with you to the doctor who can help report your symptoms, as many TBI patients don’t realize the full extent of their injuries. A loved one can help you remember what you’ve experienced and may be able to tell the doctor other differences since the injury that will help them evaluate your TBI.

If you have been diagnosed with or suspect that you have a TBI, we can help you get compensation for your injuries.

My child was injured, how do I get them legal help?

It is our worst nightmare as parents, the call that your child has been hurt in a car crash. Your first priority is getting them the medical care they need. But then what? Minors cannot hire a lawyer to protect their rights, but as their parent, you can hire legal counsel to represent you and your child. You each have different legal claims. As the parent, you have a claim for medical bills and expenses you incurred as a result of the injuries caused by the negligent driver. Your child has claims for pain and suffering, physical impairment, and may have claims for ongoing issue like scarring or future medical expenses.

If the case is settled before trial, the Court will require a minor prove up hearing. The Court will appoint a guardian ad litem to review the case and the proposed settlement. They will then make a report to the Court as to whether the settlement is in the best interest of the child. The settlement funds may be used to pay the medical bills and other pending expenses, and then the remaining net funds will either be put in the court registry until the child turns 18 or invested in a safe vehicle such as a structured annuity or special needs trust.

These are just a few of the issues that your legal team will help you navigate. Questions?

What happens if I'm hit by an 18 wheeler?

Lives can change an instant when a tractor trailer slams into your passenger vehicle on the Texas highways. The trucking companies have lawyers on call that will be on the scene almost immediately. You need help quickly. If you are hurt in a crash with an 18-wheeler, fill out the Contact Us form and our attorneys will get in touch with you the same day.

Who regulates rollercoaster safety in Texas?

The Texas Department of Insurance, TDI requires theme parks to display a compliance sticker. To get a compliance sticker, there are three requirements: (1) have insurance, (2) hire someone to do an inspection of the ride, and (3) pay a $40 filing fee.

While there are  additional voluntary standards for the amusement ride industry, such as the two below, the state does not have its own standards and investigating authorities. Ultimately, the issue of safety is largely left up to the parks.

Over the last five decades, there have been several attempts to secure federal regulation of theme parks. For example in 1977, when a faulty ride with door-lock failures led to four deaths in four separate incidents. Shortly thereafter, an amendment to the Consumer Product Safety Act was made in 1981 that gave the federal government permission to regulate temporary rides, but there was an exception to carve out fixed and permanent attractions, i.e. theme parks. Today, only about half of states have safety regulations.

What is a wrongful death claim?

A wrongful death claim is the claim of a surviving spouse or child, or other direct relatives as provided by law, for the loss of companionship and the economic losses that they suffer when someone’s negligence causes the death of their loved one. We work with clients during this terrible time of grief to maximize their recoveries. This allows up to help the clients get justice, answers, and often create a legacy to honor their loved one.

What is a life care plan?

and do I need one?

When someone is seriously injured, their life changes overnight and they will require a lifetime of care. For example, a client with a spinal injury may require multiple surgeries and a life time of mediation and follow up care, as well as permanent impairment that can impact all aspects of their life. A life care plans identify current and future needs with associated costs for individuals who have experienced catastrophic injury. [1] The life care plan t is authored by medical professionals and used as part of the case to inform the jury on the full extent of damages.

  1. https://rehabpro.org/page/sections

Have more questions?
We are here to help.

Get in touch with our professional friendly expert team at the Law Office of Amber Russell, PLLC.