Accident Claims if You Suffered Brain Injury from a Pedestrian Accident

Julie Johnson
June 11, 2015
Categories: Pedestrian Accident

In 2014, the state of Texas was ranked as the seventh most dangerous state for walking commuters in the whole nation according to the National Complete Streets Coalition at Smart Growth America, a nonprofit that advocates for neighborhood safety.

Often, when a vehicle hits a pedestrian, the injuries are both grave and permanent. TBI, or traumatic brain injuries, are common pedestrian injuries. If you’ve suffered a brain injury from a pedestrian accident then here’s what you need to know about filing your accident claim:

You Can File A Claim With The At-fault Driver’s Insurance

Unless you were at fault for the pedestrian accident (i.e. you were crossing outside of a crossing zone, crossed on a red light, etc.), then you can file an accident claim against the other driver’s car insurance policy.

In Texas, drivers are required to cover liability coverage in the following amounts.

  • $30,000 per person
  • $60,000 per accident
  • $25,000 for property damage

You may be able to file a claim with your insurance, too. If you have medical expenses coverage or uninsured or underinsured motorist coverage, your policy amount can provide compensation for head injuries.

The Costs Of A TBI

A traumatic brain injury is often extremely costly, the initial medical care alone can be thousands of dollars. What’s more, depending upon the severity of the TBI, long-term rehab may be required, returning to work may be impossible, and psychological injuries—like depression and PTSD—may also develop. A TBI can have a permanent negative impact on a person.

As such, filing a claim with the other driver’s insurance company may not yield enough compensation to pay adequately for the full extent of your injuries. Instead, filing a personal injury lawsuit may be in your best interest.

In filing a personal injury lawsuit, you can sue for damages for the full amount of the harm you’ve suffered, including damages for pain and suffering. These damages can help to pay for all expenses related to your traumatic brain injury.

What Else Do I Need To Know?

There are a lot of steps to take when filing an accident claim after you’ve suffered a TBI. From filing the claim on time to gathering evidence, proving fault, and negotiating a settlement, filing a claim can feel overwhelming. When you’re coping with a traumatic brain injury, this is even truer.

To help you navigate the insurance and the legal systems, the attorneys at The Law Office of Julie Johnson PLLC can help. To discover how you can get the number of your full benefits today, call us now at 214-290-8001.

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