Even though driving in many parts of Texas may arguably be the only effective means of transportation, driving can be one of the most dangerous activities for the unsuspecting victim. In fact, driving is so dangerous that automobile accidents are one of the leading causes of death and unintentional injuries in the United States each year. While injuries from an auto accident can range in severity, a common serious injury from a car accident is a brain injury. Unfortunately, while injuries such as a broken bone or a laceration is easy to diagnose, brain injuries often go undetected for weeks or even months following your accident. If you’ve been the victim of a car accident and suspect you have suffered a brain injury that initially went undetected, refer to the following for your options and rights:
Signs of a Brain Injury
Brain injuries can be one of the most complicated injuries for a physician to diagnose. If you’re exhibiting symptoms or signs of a brain injury, it’s not uncommon for the injury to be misdiagnosed. In most cases, signs of a brain injury may include:
- Memory problems
- Confusion and disorientation
- Blurred vision
- Challenges learning new information
- Light sensitivity
- Feeling depressed or anxious
- Mood swings or persistent crying
If you have experienced any of these symptoms following an accident, you should seek medical care immediately.
Statute of Limitations for Pursuing a Personal Injury Suit
If you have been involved in an accident, you may be considering pursuing a personal injury suit to claim damages. In Texas, the statute of limitations for a personal injury suit is two years from the time the accident occurred. In some cases, the “discovery rule” may be applied. The discovery rule refers to an extension on the statute of limitations in the case that the injured person was unaware of their injury. In the case of an undetected brain injury, the discovery rule may be applicable. Under this law, the statute of limitations (two years) will begin from the time the injury was discovered.
Other Legal Options
In addition to pursuing a personal injury suit for the damages resulting from your accident at the fault of another driver, the fact that you had an undiagnosed injury may allow you to pursue a medical malpractice suit. If you were assessed by a physician or other medical professional, and if that medical professional failed to diagnose your brain injury, and if the misdiagnoses or lack of diagnoses has resulted in more severe harm that you otherwise would not have suffered, you may be able to recover damages. Like a personal injury case, the statute of limitations for a medical malpractice case is two years from the time that the injury could have been, or should have been, discovered.
Get Legal Help
If you’ve been the victim of a Texas auto accident, and suspect you are suffering from undetected injuries resulting from that accident such as a brain injury, you may be eligible to recover compensation. Contact Tate Law Offices, P.C., today by calling 888-662-3892 for a free case review and better understand your options for potential compensation.