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Special Needs Trusts

A special needs trust is designed for beneficiaries who are disabled, either physically or mentally.  It’s a trust set up for the person with special needs to supplement any benefits the person with special needs is currently, or may receive in the future, from government programs.  A properly drafted trust of this type will allow the beneficiary (injured person) to remain eligible for, and receive, government benefits while still receiving funds from the trust.  In the case of a special needs trust, the property (settlement proceeds) are held and managed for the benefit of the disabled loved one by a

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Competency Laws in Texas

If the brain injury is severe enough, the injured person may not be capable of making competent decisions or managing their own affairs.  In that event, it may be necessary to establish a legal guardianship.  A person seeking to be a guardian, generally a spouse, parent, or family member, would need to file a request in a Texas probate court explaining the circumstances.  Once appointed as legal guardian, that person is responsible for making all decisions for the injured person, including medical and legal decisions.  An experienced brain injury lawyer has confronted this difficult situation before and can direct you

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Fault and Modified Comparative Negligence

Who was at fault will be one of the most critical things to prove to successfully receive compensation for your brain injury.  Texas has “fault” laws that require the injured person to provide evidence that someone else was responsible for the accident.  The person or company at fault is likely to fight back though and try to blame you even if fault is clear.  You may need the help of a good personal injury lawyer to review the evidence and stand up for you to make sure you’re not wrongfully blamed. Even if you succeed in battling accusations you were

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Statute of Limitations

When a brain injury strikes, the victim is generally not the best person to make decisions on what to do next.  That is when family and friends should step in and help.  It’s also when an experienced brain injury lawyer should be consulted.  A good brain injury lawyer will know how best to proceed and what Texas laws may affect your claim. Keep in mind that the following laws may not be the only ones your attorney will address, and they are not the only Texas laws that might affect your case.   All accidents have a time limit to file

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Topics

Introduction
Brain Anatomy
Traumatic Brain Injury Overview
Texas Laws to Know
Brain Injury Litigation: Simplifying the Complexity
Featured Articles by Charlie Waters
Traumatic Brain Injury Resources