Texas Personal Injury Lawyer for TBI: Fight Back Now
TL;DR: If you or a loved one suffered a traumatic brain injury (TBI) in Texas, a lawyer can help you preserve evidence, value your losses, and pursue compensation. Texas uses a modified comparative negligence rule with a 51% bar, has short notice rules for government claims, and imposes special requirements in certain cases. Timing matters—consult counsel promptly.
Understanding Traumatic Brain Injuries in Texas Cases
Traumatic brain injuries range from concussions to severe, life-altering brain damage. Symptoms can include headaches, dizziness, memory problems, mood changes, sleep issues, and sensory changes. These injuries often arise from crashes, falls, workplace incidents, unsafe premises, or defective products. Because TBI symptoms may evolve over time and can be subtle at first, prompt medical evaluation and ongoing documentation are critical for both health and the legal claim.
How Texas Law Affects Your TBI Claim
Texas follows a modified comparative negligence system. If you are found partially at fault, your compensation can be reduced in proportion to your share of responsibility. If your percentage of responsibility is greater than 50%, you are barred from recovery. See Tex. Civ. Prac. & Rem. Code § 33.001 (bar to recovery above 50%) and § 33.012 (reduction of damages).
Fault is determined based on the evidence, including police reports, witness statements, photographs, and expert analyses. Insurers may act quickly to shape fault and limit payouts, so early legal representation can help protect your position.
Key Evidence in TBI Cases
- Medical records (ER notes, imaging, neurology and neuropsychological evaluations)
- Symptom journals and caregiver observations
- Employment records showing missed work and diminished earning capacity
- Accident scene evidence (photos, video, black box data, incident reports)
- Expert opinions on causation, prognosis, and life care planning
- Proof of out-of-pocket costs and needed accommodations
Gathering and preserving this information early helps establish the connection between the incident and the brain injury and accurately reflect the injury’s long-term impact.
Compensation You May Recover
A successful TBI claim can include compensation for medical expenses, rehabilitation and therapy, assistive devices, lost wages and reduced earning capacity, home or vehicle modifications, and non-economic damages such as pain, suffering, mental anguish, and loss of quality of life. In limited circumstances, exemplary (punitive) damages may be available, typically requiring clear and convincing evidence of fraud, malice, or gross negligence; statutory caps usually apply. See Tex. Civ. Prac. & Rem. Code § 41.003 and § 41.008.
Deadlines and Why Timing Matters
Texas law sets deadlines for filing lawsuits. In general, personal injury claims must be filed within two years of the injury. See Tex. Civ. Prac. & Rem. Code § 16.003.
Certain claims against governmental entities have additional notice requirements that can be shorter than the general two-year period (often six months under state law, and some local charters impose shorter periods). See Tex. Civ. Prac. & Rem. Code § 101.101.
If your TBI involves alleged medical negligence, Texas health care liability claims have special pre-suit notice and expert-report requirements. See Tex. Civ. Prac. & Rem. Code § 74.051 (notice) and § 74.351 (expert report). Because deadlines vary by facts and parties, speak with a lawyer promptly.
What to Do After a Suspected TBI
- Seek immediate medical care and follow your providers’ instructions
- Avoid activities that risk a second head injury
- Keep a daily log of symptoms, limitations, and expenses
- Preserve evidence: photos, videos, and witness contact information
- Consider speaking with counsel before giving recorded statements to insurers
- Consult a Texas personal injury lawyer who understands TBI medicine and litigation
Practical Tips to Strengthen Your Claim
- Schedule follow-up visits with neurology or concussion specialists and bring your symptom journal.
- Ask your employer for written documentation of missed work, accommodations, and performance changes.
- Centralize billing statements and EOBs to track medical expenses and liens.
- Disable auto-deletion on your phone so photos, videos, and texts are preserved.
- Politely decline informal insurer interviews until you have legal counsel.
How a Texas TBI Lawyer Can Help
Your attorney can investigate the incident, secure and analyze evidence, coordinate expert evaluations, calculate current and future losses, communicate with insurers, negotiate for a fair settlement, and—if needed—file suit and take your case to trial. In complex TBI matters, attorneys often work with neurologists, neuropsychologists, life care planners, and vocational experts to present a complete picture of your needs.
Common Defenses and How We Respond
- Disputing causation: Insurers may argue symptoms are unrelated or pre-existing. Counsel can use medical imaging, baseline records, and specialist opinions to support causation.
- Minimizing damages: Document functional impairments, therapy needs, and long-term costs through life care plans and vocational analyses.
- Assigning fault to you: Challenge unsupported fault claims with accident reconstruction, video evidence, and witness testimony.
- Delay tactics: Push for timely records, use subpoenas where appropriate, and prepare the case for litigation to maintain leverage.
When Litigation Becomes Necessary
If the insurer refuses a fair resolution, filing suit allows discovery, depositions, expert disclosures, and ultimately a trial where a jury can evaluate the full impact of a TBI. Many cases still settle during litigation once the evidence is fully developed. Your lawyer will guide you through strategy, timelines, and decision points.
FAQs
How long do I have to file a TBI claim in Texas?
Generally two years from the date of injury, but special notice rules and exceptions can shorten or alter deadlines. Speak with a lawyer promptly.
What if I was partially at fault?
Your damages may be reduced by your percentage of fault, and recovery is barred if you are more than 50% responsible under Texas’s modified comparative negligence rule.
Do I need expert testimony for a TBI case?
Often yes. Experts such as neurologists, neuropsychologists, and life care planners help establish causation, impairment, and future needs.
Can I recover for future medical care and lost earning capacity?
Yes, if supported by evidence. Life care plans and vocational assessments are commonly used to quantify these losses.
Take the Next Step
If you or a loved one suffered a TBI in Texas due to someone else’s negligence, prompt legal guidance can make a meaningful difference. Contact us to evaluate your options, safeguard crucial evidence, and pursue the compensation you need for long-term recovery.
Sources
- Texas Civil Practice & Remedies Code, Chapter 33 (Proportionate Responsibility)
- Texas Civil Practice & Remedies Code, Chapter 101 (Texas Tort Claims Act)
- Texas Civil Practice & Remedies Code § 16.003 (Limitations for Personal Injury)
- Texas Civil Practice & Remedies Code, Chapter 41 (Exemplary Damages)
- Texas Civil Practice & Remedies Code, Chapter 74 (Health Care Liability)
Disclaimer
This post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws change, and outcomes depend on specific facts. Texas law applies to the topics discussed here; if your matter involves another jurisdiction or a governmental or health care defendant, different rules and deadlines may apply. Consult a licensed Texas attorney about your situation.