Brain Injury Lawyer in San Antonio

Injury to the brain caused by medical malpractice can have life-altering consequences for patients and their families. This type of injury can result from various kinds of medical errors.

person holding another's hand while they lay in hospital bed

Brain Injury Overview

Complexities of Brain Injury Malpractice Cases

Brain injury malpractice cases are particularly complex, requiring an in-depth understanding of legal and medical issues. If you believe you have a claim against a negligent healthcare provider, our experienced brain injury attorney in San Antonio can help.

What Types of Medical Malpractice Cause Brain Injuries in San Antonio?

Medical negligence in various forms can cause brain injuries ranging in severity from mild concussion to severe traumatic brain injury (TBI), which may lead to permanent disability or death. A brain injury resulting from medical malpractice typically occurs when a healthcare provider deviates from the expected standard of care. The following are common causes of brain injuries involving medical negligence:

Birth injuries: When a medical team fails to monitor the baby’s oxygen levels properly or makes mistakes during delivery, brain injuries can occur in childbirth, leading to severe conditions such as cerebral palsy.
Surgical errors: Improper incisions, accidental damage to brain tissue, and inadequate oxygen supply can lead to severe neurological impairment. Surgical errors leading to brain injury can occur during brain, neck, or spinal surgeries.
Delayed diagnosis or misdiagnosis: Failure to diagnose medical conditions promptly and accurately, such as aneurysm, stroke, and meningitis, can lead to irreversible brain damage, as these conditions require timely diagnosis and treatment.
Anesthesia errors: When mistakes are made in administering anesthesia, such as delayed administration or failure to monitor a patient’s vital signs, it can cause brain damage due to hypoxia (oxygen deprivation) and other serious complications.

What Are the Different Types of Brain Injuries?

Brain injuries can range from mild concussions to severe, life-altering trauma. At Scheuerman Law Firm in San Antonio, we’ve seen a wide variety of brain injuries caused by medical negligence, accidents, and other incidents. Understanding the type of injury is critical in evaluating long-term care needs and pursuing compensation.

Common types of brain injuries include:

Concussions
Contusions (bruising of brain tissue)
Diffuse axonal injury (widespread brain cell damage)
Penetrating injuries (caused by objects entering the skull)
Anoxic or hypoxic injuries (due to lack of oxygen)
Traumatic brain injuries (resulting from impact or sudden force)

What Are Common Symptoms of Brain Injuries?

Brain injuries can cause a wide range of physical, emotional, and cognitive symptoms—some appearing immediately and others developing over time. Early recognition is key to getting proper care and protecting your legal rights.

Common symptoms of brain injuries include:

Ongoing headaches or migraines
Dizziness, nausea, or vomiting
Sensitivity to light or sound
Confusion, memory problems, or difficulty concentrating
Mood swings, irritability, or depression
Blurred vision or balance issues
Trouble sleeping or persistent fatigue

If you or a loved one is showing signs of a brain injury after an accident, Scheuerman Law Firm in San Antonio can help you understand your legal options and pursue the compensation you deserve.

Levels of Severity for Brain Injuries

Traumatic brain injuries (TBIs) are typically classified into three levels—mild, moderate, and severe—based on the Glasgow Coma Scale (GCS). The GCS measures a person’s level of consciousness after a head injury using a scale from 3 to 15, helping medical professionals assess the seriousness of the injury. It’s essential to note that not all brain injuries are immediately apparent, and symptoms can vary significantly from person to person.

The three levels of brain injury severity include:

Mild TBI (GCS 13–15): Often referred to as a concussion, mild TBIs may involve brief or no loss of consciousness. Symptoms can include headaches, confusion, dizziness, memory problems, or sensitivity to light and noise.
Moderate TBI (GCS 9–12): These injuries typically involve a longer loss of consciousness and more noticeable cognitive, physical, or behavioral impairments. Recovery may require hospitalization and ongoing rehabilitation.
Severe TBI (GCS 3–8): Severe brain injuries are marked by extended unconsciousness or coma and can result in significant, long-term neurological damage requiring extensive medical care and support.

Long-Term Damage of Brain Injuries

Brain injuries can have lasting effects that extend far beyond the initial trauma. Even when symptoms improve early on, many individuals experience long-term or permanent challenges that affect their health, independence, and quality of life. The extent of long-term damage depends on the severity of the injury, the area of the brain affected, and the timeliness of treatment and rehabilitation.

Common long-term effects of brain injuries may include:

Cognitive impairments: Memory loss, difficulty concentrating, slowed processing, and reduced problem-solving abilities
Emotional and behavioral changes: Depression, anxiety, mood swings, irritability, or personality changes
Physical limitations: Chronic headaches, dizziness, fatigue, balance issues, or coordination problems
Communication difficulties: Trouble speaking, understanding language, reading, or writing
Sensory disruptions: Vision or hearing problems, sensitivity to light or noise
Loss of independence: Difficulty returning to work, maintaining relationships, or performing daily activities

Real Client Testimonial

I had the opportunity to speak with Tyler. This man knows his business and understands the complexity of making things happen within the medical malpractice practice. He took the time to explain the circumstances and the realities and guided me through some difficult decision making. If working with somebody who cares about you as a human being matters to you, this is the law practice for you. I believe you can trust them to do the right thing - they aren’t afraid to tell you the hard facts and they do it with compassion and understanding.

L.U.

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What Damages Are Available for Medical Malpractice Brain Injuries in San Antonio?

With the costs of long-term care and rehabilitation added to the loss of income, the financial impact of brain injury can be overwhelming for victims and their families. A patient who has suffered brain injury through medical malpractice is entitled to seek damages, which may include the following:

Past and future medical expenses: These expenses may include hospital stays, surgeries, medications, rehabilitation, and ongoing care.
Lost wages: A patient prevented from working by brain injury may seek damages for lost wages or income.
Loss of future earning capacity: Severe brain injury can significantly diminish a victim’s capacity to earn a living in the future.
Pain and suffering: Brain injuries often cause significant physical and emotional pain, impacting the victim’s quality of life.
Loss of consortium: Spouses and family members of brain injury victims may seek compensation for loss of companionship and support because of the injury.

What Is the Legal Process for Seeking Brain Injury Compensation?

If you or your loved one has suffered a brain injury through medical malpractice, your best course of action is to consult with a seasoned medical malpractice lawyer as soon as possible. The legal process in a medical malpractice claim for brain injury involves the following steps:

Initial consultation and case evaluation
Investigation, gathering evidence, and consulting with medical experts
Filing a medical malpractice lawsuit
Discovery, during which both parties exchange information
Negotiations, with the goal of reaching a fair settlement
Trial, if a settlement cannot be reached

Why Choose Scheuerman Law Firm to Handle Your Brain Injury Case in San Antonio?

Scheuerman Law Firm brings focused trial experience and personalized client care to cases involving serious injuries. Our brain injury lawyers in San Antonio prepare every case with the expectation of trial, giving you a strategic advantage when insurers challenge your claims. As a small, highly experienced team, we intentionally limit our caseload so each client receives direct attention, clear communication, and a strategy tailored to their unique circumstances. We proudly serve our community in both English and Spanish.

Tyler Scheuerman:

Board Certified in Personal Injury Trial Law, Texas Board of Legal Specialization
Texas Super Lawyers selection (2008–2025), top 5% statewide
AV Preeminent® rated by Martindale-Hubbell
Avvo “Superb” rating (9.7/10)

Hella Scheuerman:

Board Certified in Personal Injury Trial Law since 2006
Recognized by TopVerdict.com for a Top 50 Texas personal injury verdict (2022)
Leadership roles with ABOTA at the local, state, and national levels
Past President, Bexar County Women’s Bar Association

If you or a loved one has suffered a brain injury, don’t wait to get help. Contact Scheuerman Law Firm today to schedule a free consultation and learn how we can fight for the compensation and accountability you deserve.

Brain Injury FAQs

What’s the difference between a child and an adult brain injury?

Children’s brains are still developing, which means an injury can affect growth, learning, and behavior differently than in adults. Recovery and long-term care may also vary, requiring specialized medical and legal approaches.

How long do I have to file a brain injury claim?

In Texas, the statute of limitations for most personal injury claims, including brain injuries, is generally two years from the date of the injury. It’s important to consult our team promptly to ensure your claim is filed on time.

Can I still have a brain injury even if my hospital scans are normal?

Yes. Some brain injuries, particularly concussions or diffuse axonal injuries, may not appear on standard scans. Symptoms like memory loss, dizziness, headaches, or cognitive difficulties can still indicate a serious injury.

How is fault proven in a brain injury case?

Fault is established by showing that another party’s negligence or misconduct caused the injury. Evidence can include medical records, accident reports, witness statements, expert testimony, and documentation of damages.

How are brain injuries usually treated?

Treatment varies depending on the severity and type of injury. It may include medication, physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, or surgery. Long-term care planning is often necessary for severe injuries.

What if my symptoms appeared days after the accident?

Delayed symptoms are common with brain injuries. Documenting all symptoms and medical visits is crucial for building a strong case. Our team can help connect the injury to the incident, even if symptoms appeared later.

Will my case go to trial?

Not all brain injury cases go to trial. Many are resolved through settlement negotiations. However, if a fair settlement isn’t possible, Scheuerman Law Firm is prepared to take your case to court to pursue full compensation.

Is there a cap on compensation I can receive after a brain injury in Texas?

In Texas, there is generally no cap on compensation for economic or non-economic damages in brain injury cases caused by negligence, such as medical bills or pain and suffering. However, caps on non-economic damages do apply in medical malpractice cases. Our team at Scheuerman Law Firm can evaluate your situation and help determine the full compensation available for your losses.

Who can be held liable for a medical malpractice brain injury?

When a brain injury results from medical malpractice, liable parties may include doctors, nurses, hospitals, anesthesiologists, or other healthcare professionals who failed to meet the accepted standard of care. We carefully review medical records and consult trusted experts to identify all responsible parties and hold them accountable for their negligence.

What can a brain injury lawyer do for me?

A brain injury lawyer can help you recover fair compensation for your medical expenses, lost income, pain and suffering, and future care needs. Our team handles every step—from gathering evidence and consulting experts to negotiating with insurers and taking the case to trial if necessary—so you can focus on your recovery while we fight for your rights.