Traumatic Brain Injury Claims in Texas: Your Guide to Rights, Damages, and Timelines
When a Traumatic Brain Injury Turns Life Upside Down
When you or someone you love takes a hard hit to the head, life does not simply pause. It tilts. You might look fine from the outside. There may be no cast, no stitches, and no visible bruises. Yet lights suddenly feel too bright, words are harder to find, and it can feel like you are living in a fog that you cannot shake. That is the hidden reality of a traumatic brain injury, often called a TBI. It affects how you think, feel, and relate to the people around you. It can change your life even when everyone else thinks you “look okay.” Insurance companies often treat these injuries as minor bumps on the head or short-term concussions. At Parker Law Firm, we know better. A brain injury is serious, and you deserve medical care and a legal team that understands what you are going through.
The Reality of Traumatic Brain Injuries in Texas
In Texas, the numbers are sobering. Tens of thousands of Texans suffer traumatic brain injuries every year. Many of them end up with long-term or even permanent problems. Even so, many people feel alone when it happens to them. You might be scared because your tests look “normal” but you do not feel normal. You might be wondering how you will pay your bills if you cannot return to work, or how you will afford the therapy your doctors are recommending. Those worries are real, and you should not have to carry them by yourself. We are here to help shoulder that burden with you.
Understanding Your Rights After a Brain Injury
We see the ways a brain injury changes your life that other people cannot see. Our job is to make sure your injury and your losses are taken seriously. Whether you are searching online for a traumatic brain injury attorney in Texas or you are just trying to understand what your rights are, this guide is meant to explain the basics in plain English. My name is Brad Parker, and I like to say I am the attorney you want but hope you never need. If you are reading this, you are dealing with something hard. We cannot turn back time, but we can help you understand the law, how claims work in Texas, who may be responsible, and what to look for when you choose a lawyer to stand up for you.
What Is a Traumatic Brain Injury
A traumatic brain injury is a disruption in how the brain normally works caused by a blow, jolt, or penetrating injury to the head. From a legal standpoint, it is often called an “invisible injury” because it does not always appear on scans the way a broken bone does. After a car crash or fall, a person may walk away thinking they are fine. Days or weeks later, headaches, trouble concentrating, mood swings, or memory gaps can begin. Family members may notice personality changes or feel that the person is no longer “themselves.” These are common signs of a brain injury.
Why Insurance Companies Dispute Brain Injury Claims
Insurance companies often question brain injury symptoms because they prefer injuries they can easily see and measure. They look for fractures, stitches, and clear imaging. When symptoms are cognitive or emotional, insurers may claim you are exaggerating, stressed, or affected by something unrelated. That is why clearly connecting the accident to your symptoms is critical in a Texas brain injury claim. Using medical evidence and real-life examples helps show how a head injury led to the daily challenges you and your family now face.
Proving a Traumatic Brain Injury Claim in Texas
Texas law requires more than showing that your head hurt after an accident. You must prove how the injury caused medical expenses, missed work, ongoing symptoms, and a reduced quality of life. This involves examining how the injury occurred, whether through direct impact, violent head movement, or a fall, and linking it to medical records, daily limitations, and observations from those closest to you. The goal is to turn an invisible injury into one that is clearly explained and supported by evidence.
Who May Be Legally Responsible for a Brain Injury
Legal responsibility for a traumatic brain injury in Texas is based on negligence. This means determining whether someone failed to use reasonable care and whether that failure caused the injury. Many TBIs result from motor vehicle crashes involving distracted or intoxicated drivers, or trucking companies that ignored safety rules. While the at-fault driver’s insurance is often the starting point, additional sources of recovery may exist, such as a commercial trucking company that allowed unsafe drivers on the road or failed to properly maintain its vehicles.
Brain Injuries Caused by Dangerous Property Conditions
Brain injuries often occur on unsafe property. Under Texas premises liability law, property owners and occupiers must keep their premises reasonably safe or warn visitors about hazards they know about or should know about. If you slipped on an unmarked wet floor, tripped over a hazard that should have been fixed, or were struck by falling merchandise, the owner or business may be responsible. These cases often rely on store videos, cleaning logs, safety policies, and witness statements to show what the property owner knew and when they knew it.
Defective Products and Workplace Brain Injuries
In some cases, a defective product or piece of equipment is to blame. A faulty helmet, malfunctioning airbag, or broken safety equipment can fail at the worst possible moment. Manufacturers or others in the distribution chain may share responsibility. On construction sites and other workplaces, third parties such as subcontractors may also be liable if they created unsafe conditions. Identifying every responsible party is critical because brain injury cases often involve extensive medical costs and long-term life changes that may exceed a single insurance policy.
The Legal Elements of a Texas Brain Injury Claim
A traumatic brain injury claim in Texas generally requires proof of four elements: a duty of care, a failure to meet that duty, causation, and actual losses. In many cases, the dispute centers on whether the accident caused your current condition and how severe the injury truly is. Insurance companies and defense lawyers may search for prior concussions, sports injuries, or mental health issues to argue that your symptoms are unrelated to the incident.
Medical Evidence That Supports Brain Injury Claims
Strong medical evidence is essential in brain injury cases. Emergency treatment and initial scans can help but often do not capture the full extent of the injury. Some TBIs involve microscopic damage that does not appear on standard imaging. Neuropsychological testing is especially important because it measures real-world brain function, including memory, attention, language, and problem-solving. When combined with medical records, work history, and family observations, this evidence helps show how much your abilities have truly changed.
The Role of Medical Experts in TBI Cases
We also work closely with neurologists, neuropsychologists, and rehabilitation specialists who understand brain injuries. These experts help explain the medicine in everyday language, both to insurance companies and, if needed, to a jury. They can explain why someone who looks normal on the outside can no longer keep a job, manage their household, or recognize people they have known for years. Our philosophy at Parker Law Firm is that knowledge is power. The more we can explain the science behind your symptoms, the harder it is for anyone to dismiss what you are living with.
Damages Available in Traumatic Brain Injury Cases
When we talk about damages in a TBI case, we are talking about your future. Economic damages are the financial hits you have taken and will continue to take. That includes past and future medical treatment, from hospital stays and doctor visits to therapy, medications, and sometimes in-home care. It also includes lost income and, very often, loss of future earning capacity. If you had a steady career and now cannot return to your old job or to any work at all, that lost earning power can be immense over a lifetime. We often work with vocational experts and economists to estimate, in real dollars, what that loss means to you and your family.
Non-Economic Damages and Quality of Life Losses
There are also non-economic damages, which are very real even though you cannot measure them with receipts. These include physical pain, headaches, fatigue, confusion, and the frustration of not being able to do the things you once loved. They include mental anguish, embarrassment, strain on your relationships, and the simple loss of enjoyment of life. In Texas, telling this part of your story clearly is important. We often do that through your own testimony and the voices of your spouse, children, friends, and co-workers who have watched the changes unfold.
Life Care Plans for Severe Brain Injuries
For moderate to severe brain injuries, we may ask a medical expert to create a Life Care Plan. This is a detailed roadmap of the care and support you are expected to need for the rest of your life. It may include therapies, doctor visits, medications, psychological counseling, home health care, assistive devices, and necessary changes to your home environment. Having this plan helps us argue for a settlement or verdict that does more than pay old bills. It aims to protect you in the years to come so you are not left without the care you need.
Time Limits for Filing a Brain Injury Claim in Texas
One of the most common questions we hear is about time limits. In Texas, the deadlines for filing an injury lawsuit can be short and they can depend on the facts of your case, who was involved, and even the age of the injured person. Waiting too long can mean losing your right to bring a claim at all. At the same time, brain injuries can take months to fully understand, and you may be focused on medical care and rehabilitation. That is why it is usually wise to talk with a Texas injury lawyer as soon as you suspect a brain injury might be involved. Acting early helps preserve evidence, such as accident scene photos, vehicle data, store video, and witness memories, which can fade or disappear surprisingly quickly.
Shared Fault Rules in Texas Brain Injury Cases
Texas also uses a shared fault system. That means your recovery can be reduced, or in some cases barred, if you are found mostly at fault for the incident. Insurance companies may try to use delays against you by arguing about who caused what and by suggesting that some of your problems came from other events. Getting a lawyer involved early helps us protect the evidence, control the flow of information, and value your case more accurately once your doctors have a clearer picture of your long-term condition.
What to Do After a Suspected Traumatic Brain Injury
If you believe you or a loved one may have a brain injury, seek medical care immediately. Do not try to push through it. Visit an emergency room, urgent care center, or trusted doctor and report every symptom, even those that feel minor or uncomfortable. Headaches, dizziness, nausea, sleep problems, mood changes, sensitivity to light or noise, confusion, and memory issues are all important signs. Follow your treatment plan closely. Insurance companies often argue that missed appointments or stopped therapy mean an injury is not serious, so consistent care matters for both your health and your claim.
Documenting Symptoms and Daily Struggles
Keeping a simple daily journal can be extremely helpful. Write down how you feel, what activities you struggle with, and any unusual or distressing symptoms. Ask family members to note the changes they observe. Many clients find these notes become powerful evidence when memory problems make it hard to recall details later.
Dealing With Insurance Companies After a Brain Injury
Before giving statements to insurance adjusters or signing legal documents, it is usually best to speak with a lawyer who handles brain injury cases. Insurers often offer quick settlements before a full diagnosis is known because these cases can be costly. Once you sign a release, you typically cannot seek additional compensation later, even if your condition worsens. A knowledgeable lawyer can protect you from pressure tactics and help you understand what an offer truly means for your future.
Choosing the Right Texas Traumatic Brain Injury Lawyer
Selecting the right lawyer for a Texas traumatic brain injury claim is a critical decision. Not every personal injury lawyer has experience handling these complex cases. You need someone who understands both the legal and medical aspects of brain injuries and who takes the time to truly know you and your family.
At Parker Law Firm, we limit the number of cases we accept so each client receives personal attention. We treat clients like family, not file numbers. I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, reflecting years of trial experience and a focused commitment to injury law. Credentials are not everything, but they matter when you are facing a life-changing injury.
Experience, Trial Readiness, and Client Focus
When speaking with any lawyer, ask about their experience with traumatic brain injury cases, the experts they rely on, and whether they are prepared to take cases to trial when necessary. Some high-volume firms prioritize quick settlements and may not develop the detailed evidence a brain injury case requires. Your case deserves time, attention, and a team willing to fight for full accountability.
Legal Fees and Contingency Representation
We understand that most families cannot afford to pay legal fees upfront. That is why we work on a contingency fee basis. You pay no attorney fee unless we secure a recovery for you. We invest our own time and resources into building your case, including hiring experts and preparing for trial. If there is no recovery, you owe no attorney fee. Our goal is to support you through this process, not add to your stress.
Additional Resources and Support
Our website offers additional information about Texas personal injury law, premises liability, and traumatic brain injury resources for patients and families. These materials are designed to help you understand what to expect after a TBI, but they are not a substitute for personalized legal advice from a lawyer familiar with your case.
You Still Have Rights and Options
Your life may feel like it has been turned upside down, but your story is not over. You have rights, and you have options. You do not have to keep arguing with insurance adjusters on your own while you are trying to heal. If you want to talk about what happened and learn about your options in a free, no pressure consultation, you can call Parker Law Firm Injury Lawyers at 817-503-9200.
We will listen, answer your questions, and give you an honest assessment of how we might be able to help. This information is for general purposes only and does not create an attorney–client relationship. To understand how Texas law applies to your specific situation, you should speak directly with a licensed Texas attorney.
