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Dashcam recording Texas car accident evidence for personal injury case

How Dashcam Footage Can Make or Break Your Car Accident Case in Texas

By | Personal Injury
Dashcam recording Texas car accident evidence for personal injury case

Dashcam video can be critical evidence in Texas car and truck accident claims.

Dashcams are everywhere now—from commuters on I-35W to rideshare drivers on West 7th in Fort Worth, Texas. When a crash happens, those few seconds of video can be the difference between a strong claim and a tough fight. Below is a practical, Texas-specific guide to using dashcam footage the right way: is it legal to record, how courts admit it, how to preserve it so it actually holds up, and how we present it to insurers and juries.

Is it legal to use a dashcam in Texas?

Recording is generally legal. Texas is a “one-party consent” state for recording conversations. If you are a party to the conversation (or one party consents), audio recording is lawful. Texas Penal Code §16.02 and related guidance confirm one-party consent, and Texas also provides a civil cause of action against illegal interceptions in Chapter 123 of the Civil Practice & Remedies Code

Mind the windshield. Texas restricts objects or materials on the windshield that obstruct the driver’s view. If your dashcam (or its mount, cord, or stickers) materially obstructs your view, that can be a traffic offense—and in a lawsuit, the defense may argue the placement contributed to the crash. See Transportation Code §547.613 (Restrictions on Windows).

Privacy pitfalls. Audio of passengers is usually fine if you’re in the conversation, but secretly recording other people’s private conversations can trigger criminal and civil liability. (There’s a private civil cause of action for unlawful interception, with statutory damages, under CPRC §123.002.) 

When is dashcam footage admissible in a Texas court?

Texas courts admit dashcam video under the ordinary Rules of Evidence—no special “tech rules” required. We focus on four pillars: relevance, authentication, best-evidence, and hearsay.

  1. Relevance (Rules 401–403). The clip must make a disputed fact more or less probable (e.g., who had the green light) and its probative value can’t be substantially outweighed by risk of unfair prejudice or confusion.
  2. Authentication (Rule 901). You must show the video “is what you claim it is.” You can do this with:
    • Witness testimony (you installed the dashcam; the location/time look right).
    • Distinctive characteristics/metadata (device model, GPS/time stamps, file path).
    • Evidence about a process or system showing the camera reliably records (Rule 901(b)(9)). Texas courts accept the “silent-witness” theory for video—no eyewitness to the events is required if the system’s reliability is proved.
  3. Helpful Texas cases:
    • Fowler v. State—Court of Criminal Appeals discussed authenticating store surveillance video under Rule 901;
    • Tienda v. State—Texas’s leading case on authenticating digital evidence based on circumstantial markers; the same logic applies in civil cases.
  4. Best-evidence rules (Rules 1001–1004). Courts treat “photographs” to include video in any form. For electronically stored information, an “original” includes any accurate printout or visual output; duplicates are generally admissible unless authenticity is reasonably questioned.
  5. Hearsay (Rules 801–803). The video itself isn’t hearsay. But spoken words captured on the audio track can be. Common paths around hearsay:
    • Opposing party’s statements (801(e)(2))—admissible when offered against them.
    • Business records (803(6))—often useful for commercial fleet cams with automated logging and custodian affidavits (Rule 902(10)). 

Preservation: how to keep your dashcam clip admissible (and avoid spoliation)

Once a crash happens—and certainly once a claim is reasonably anticipated—you have a duty to preserve relevant evidence. Texas’s spoliation doctrine (from Brookshire Brothers, Ltd. v. Aldridge) allows courts to impose sanctions or adverse inferences if evidence is lost or altered. 

Our recommended preservation protocol (do these immediately):

  1. Secure the source media. Remove the SD/microSD card and write-protect it (use a lockable adapter). Don’t keep recording over it. Make two verified, read-only copies.
  2. Hash the files. Create SHA-256 hashes for the original and each copy; record them in a simple chain-of-custody log (who handled what, when, and where). Courts respond well to this discipline even in civil cases.
  3. Keep it native. Preserve the native file(s) with the original metadata (timestamp, GPS, device info). Screenshots or re-exports may be fine for negotiation, but they’re secondary for court. The Rules of Evidence prefer the original or a faithful duplicate.
  4. Don’t edit. No cropping, filtering, speed-ups, or “compilations” in your working copy. If we later prepare a demonstrative clip, we’ll also offer the unedited original to avoid Rule 403 issues.
  5. Send preservation letters. If another driver, a trucking company, or a rideshare platform may have video (exterior cameras, dashcams, storefront cams), we send preservation letters right away to stop routine deletion. Brookshire teaches that the duty to preserve arises when litigation is reasonably anticipated. 

Producing and obtaining dashcam video in discovery

Texas discovery has special rules for electronic data:

  • Rule 196.4 (TRCP) governs ESI. The requesting party should specify the form (e.g., native .MP4 with metadata). The responding party must produce what’s reasonably available or object if the request is unduly burdensome; courts apply proportionality.
  • For business-record dashcams (e.g., fleet systems), we often use a custodian affidavit under TRE 803(6) & 902(10), served at least 14 days before trial.

How we present dashcam evidence so it persuades

  1. Foundation first. We authenticate with either (a) a witness familiar with the device and scene, or (b) the “process/system” route under Rule 901(b)(9) with device specifications, settings, and integrity steps (hashes, chain-of-custody).
  2. Context matters. We prepare a timeline synced to key frames (light phases, speeds, distances) and, when helpful, pair it with intersection diagrams or event-data-recorder (EDR) readouts.
  3. Avoiding 403 traps. We show the full, unedited clip and supply a short demonstrative if needed. Providing full context reduces “misleading” objections.
  4. Audio strategy. If the audio includes the other driver’s admissions (“I never saw you”), those are typically non-hearsay as opposing-party statements (801(e)(2)). Statements from bystanders may require a hearsay exception—or we rely on the video and call the witness.
  5. Comparative fault defense. Be ready: if your camera placement arguably obstructed your view, the defense may argue negligence. Proper mounting (see §547.613) and clear testimony about line-of-sight help neutralize this.

Practical FAQs

Q: My dashcam overwrites footage every few hours. What now?

Pull the power, remove the card, and preserve immediately. If it is overwritten, ask us about subpoenas/preservation letters to nearby businesses, city traffic cams, or the other driver’s telematics/dashcam. Texas spoliation law rewards early, reasonable preservation efforts. 

Q: Do I have to give the insurer my video right away?

We usually control the release until we’ve reviewed the liability and damages strategy. If we share early, we provide a faithful and accurate copy and preserve the original per the best-evidence rules. 

Q: The clip has my passenger talking. Is that a problem?

Not usually. Texas is one-party consent; if you were a participant, the recording is lawful. If someone else’s private conversation was captured (and you were not a party), talk to us before sharing. 

Q: Can the court reject my video because it’s a copy?

Not if it’s an accurate duplicate and authenticity isn’t in reasonable dispute (Rule 1003). If authenticity is challenged, we offer the original or explain why it’s unavailable under Rule 1004

Bottom line

Dashcam footage can make your Texas car accident case—but only if it’s lawfully recorded, properly preserved, and cleanly authenticated. Our team at the HLAW law firm builds the evidentiary foundation from day one so insurers and juries see what really happened—clearly and credibly.

If you have dashcam video from a crash (or think someone else does), contact our office right away. We’ll lock down the evidence, send preservation letters, and put it to work for your case.

Key Texas Authorities (for readers who want to dig deeper)

Have You Been in a Car or Truck Accident in Texas?

Dashcam footage can be a game-changer—but only if it’s preserved and presented correctly. If you’ve been injured in a car or truck accident, don’t wait. Insurance companies and defense attorneys will act fast to minimize your claim.

📞 Contact HLAW today for a free consultation. Our experienced personal injury attorneys will review your case, secure critical evidence like dashcam video, and fight to get you the compensation you deserve.

Your first call costs nothing—and it could make all the difference in your recovery.

Medical professionals reviewing notes, representing expert witnesses in Texas personal injury cases.

The Role of Expert Witnesses in Texas Personal Injury Cases

By | Personal Injury
Medical professionals reviewing notes, representing expert witnesses in Texas personal injury cases.

Expert witnesses—such as medical professionals, engineers, and accident reconstructionists—play a critical role in proving Texas personal injury claims.

How Medical, Engineering, and Accident Reconstruction Experts Can Strengthen Your Case

When you’ve been injured in an accident—whether in a car crash, trucking accident, a workplace incident, or on someone else’s property—your claim often comes down to one question: Can you prove it? In Texas personal injury cases, proving fault and the extent of your damages isn’t just about telling your story—it’s about presenting credible, persuasive evidence. That’s where expert witnesses play a critical role.

Under Texas law, an “expert” is someone who has “scientific, technical, or other specialized knowledge” that will help the judge or jury understand the evidence or determine a fact in issue (see Texas Rules of Evidence, Rule 702). These experts provide opinions grounded in their professional training and experience—opinions that can make or break your case.

1. Why Expert Witnesses Matter in Texas Personal Injury Cases

Expert witnesses are different from regular witnesses. Regular witnesses can only testify about what they personally saw, heard, or experienced. Experts, on the other hand, can:

  • Analyze the cause of an accident.
  • Explain complicated medical conditions.
  • Interpret engineering failures or design defects.
  • Reconstruct accidents to show how and why they occurred.

The Texas Supreme Court has emphasized that expert testimony must be reliable and relevant—meaning it must be based on sound methodology and actually help the factfinder (see E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995)).

2. Types of Expert Witnesses That Can Strengthen Your Case

 

A. Medical Experts

In most personal injury claims, medical testimony is key to proving the nature and extent of your injuries. Medical experts can:

  • Explain how an accident caused your injuries.
  • Detail your required treatment and recovery time.
  • Estimate the costs of ongoing or future care.
  • Connect your injuries to the event, countering insurance company claims that they were “pre-existing.”

In Texas, medical causation often requires expert testimony—especially for complex or non-obvious injuries (Guevara v. Ferrer, 247 S.W.3d 662 (Tex. 2007)).

B. Engineering Experts

Engineering experts analyze structures, machinery, and environmental conditions that may have contributed to your accident. They are invaluable in:

Texas premises liability law (see Texas Civil Practice & Remedies Code § 75.002 and § 101.022) often hinges on whether a property owner knew of and failed to correct a dangerous condition—an engineering expert can help prove this.

C. Accident Reconstruction Experts

Accident reconstructionists use physics, engineering principles, and crash data to recreate the events leading up to an accident. They can:

  • Analyze skid marks, debris patterns, and vehicle damage.
  • Determine speed, direction, and impact points.
  • Create computer simulations or visual exhibits for trial.

These experts are particularly useful in auto and trucking accident cases governed by Texas Transportation Code and federal motor carrier safety regulations.

3. How Expert Testimony Influences Texas Juries and Judges

In Texas, juries decide most personal injury cases. A well-qualified expert can help:

  • Break down complicated technical language into clear explanations.
  • Provide visual aids, diagrams, and 3D models to make the evidence memorable.
  • Establish credibility with unbiased, fact-based opinions.

An expert’s ability to explain “why” something happened—and back it up with evidence—can dramatically strengthen your position at mediation, in settlement negotiations, or at trial.

4. The Legal Requirements for Admissible Expert Testimony

Texas courts apply a strict standard for admitting expert testimony. Rule 702 requires that:

  1. The expert is qualified by knowledge, skill, experience, training, or education.
  2. The testimony is based on a reliable foundation.
  3. The testimony will assist the trier of fact.

Courts also apply the factors to evaluate reliability, which include:

  • Testing of the expert’s theory.
  • Peer review and publication.
  • Potential rate of error.
  • General acceptance in the relevant community.

If your attorney doesn’t choose the right expert or prepare them properly, your evidence could be excluded—leaving you without the proof you need.

5. Why You Should Consult Our Firm for Free If You’ve Been Injured And Might Need An Expert

At Howard, Lotspeich, Alexander & Williams, PLLC (HLAW), we know which experts can make the difference in your case. We regularly work with respected medical professionals, engineers, and accident reconstructionists across Texas who have the experience and credibility to stand up in court.

Here’s why consulting with us—at no cost to you—is the smartest move:

  • We cover the upfront costs of hiring the right experts for your case.
  • We know the local courts and judges, so we understand which experts resonate best in front of a Tarrant County and North Texas juries.
  • We only get paid if we win—meaning we’re invested in making sure your case is supported by the strongest evidence possible.

Whether you’ve been in a serious car crash, trucking accident, suffered an injury on the job, or been hurt by a defective product, having the right expert testimony can be the deciding factor. Don’t take chances with your case.

Free Consultation:

If you or a loved one has been injured, contact HLAW today for a free, no-obligation case review. We’ll explain whether expert witnesses could help in your situation—and how we can put them to work for you. Call us at 817-993-9249 or fill out our online form to get started.

Person with binoculars peeking through blinds – surveillance concept for personal injury investigations.

Surveillance in Texas Personal Injury Cases: What You Need to Know

By | Personal Injury
Person with binoculars peeking through blinds – surveillance concept for personal injury investigations.

Insurance companies often use surveillance to monitor personal injury claimants—know your rights and how to protect your case.

How Insurance Companies Monitor Claimants and How to Protect Yourself

1. Why Do Insurance Companies Use Surveillance?

Surveillance is a frequent tool employed by insurers in personal injury cases to assess the validity of claims and guard against fraud—even in honest cases. These investigations typically target injuries that are subjective (like chronic pain or soft-tissue injuries) or claims involving large payouts  .

Insurance companies may deploy private investigators to observe claimants’ daily activities—tailing them in public, taking photos or videos, or even requesting field visits, like home visits, particularly in long-term disability or workers’ compensation claims  .

Defense counsel also rely on surveillance to challenge credibility by capturing footage suggesting the claimant is more active than their alleged injuries permit.

2. Common Surveillance Tactics in Texas

  • Physical Surveillance: Private investigators may station themselves in public areas, follow claimants, or stake out known routines—all technically legal if conducted from public spaces.
  • Video & Photographic Surveillance: Filming or photographing a claimant engaged in activities that contradict their medical claims (e.g., heavy lifting, sports, yard work) can be powerful evidence for insurers.
  • Social Media Monitoring: Insurance companies often scour social media for posts, photos, or comments that might be leveraged against a claimant’s injury narrative.
  • Interviews with Acquaintances: Insurers may contact friends, family, or neighbors to gather informal statements or observations—sometimes unintentionally undermining your case.
  • Field Visits: Investigators may visit your home under the guise of follow-up, taking note of your environment or daily habits—potentially used to raise doubts about your limitations.
  • Electronic Tracking: While more common in auto insurance contexts, insurers may obtain driving behavior data—sometimes collected without informed consent—and use it to assess claims or adjust premiums.

3. What Texas Law Allows—and Limits

  • Surveillance from public spaces is generally lawful. Private property surveillance, trespassing, or recording in private areas (like inside your home) is typically prohibited.
  • Video evidence could be admissible in personal injury litigation, but Texas courts typically require trial judges to review surveillance before excluding it.
  • Data privacy protections in Texas are evolving: lawsuits have been filed against Allstate and GM for allegedly collecting and using driver location data without consent—potentially impacting surveillance practices in insurance.

4. How to Protect Yourself: Best Practices

  1. Stay Modest in Public – Follow your doctor’s restrictions consistently. Avoid activities—even on good days—that may appear inconsistent with your injuries.
  2. Limit & Secure Your Social Media – Set your accounts to private. Avoid posting about your health, recovery, or activities. Be cautious of well-intentioned friends sharing photos involving you.
  3. Stick to the Facts – Don’t embellish your story to adjusters or others. Consistency is key—contradictory statements make credibility easier to attack.
  4. Know What IS Protected – Investigators cannot legally record inside your home areas where you have a reasonable expectation of privacy, hack your digital accounts, or enter without consent.
  5. Consult an Attorney Promptly – If you suspect you’re under surveillance, inform your attorney rather than confront anyone—lawyers can help challenge improper evidence or even turn surveillance to your advantage in negotiations or at trial.
  6. Document Your Condition – Maintain clear records of medical appointments, treatments, and limitations. Having contemporaneous documentation can help counter misinterpretations of surveillance footage  .

5. Summary

Surveillance in personal injury cases is common in Texas. Insurance companies may monitor claimants physically, digitally, or through third-party reports to challenge injury claims—even legitimate ones. While much of this activity is legally permissible when carried out in public spaces, there are boundaries—especially regarding privacy violations.

Staying informed, cautious, and consistent—especially regarding your public behavior and online presence—is essential. Our attorneys at Howard Lotspeich Alexander & Williams, PLLC (HLAW) can help you navigate surveillance threats and protect your interests throughout the claims process. Contact us today for a free case evaluation and consultation.

Speedboat towing a wakeboarder on a Texas lake, representing boating accident liability cases handled by Howard Lotspeich Alexander & Williams, PLLC.

Texas Boating Accidents: Who’s Liable When Things Go Wrong on the Water?

By | Personal Injury
Speedboat towing a wakeboarder on a Texas lake, representing boating accident liability cases handled by Howard Lotspeich Alexander & Williams, PLLC.

Boating accidents on Texas lakes and rivers can lead to serious injuries. Our attorneys explain who may be liable and how to protect your rights.

Boating is a favorite pastime across Texas — from the shores of Eagle Mountain Lake and Possum Kingdom Lake to the Gulf Coast. But when fun on the water turns into tragedy, victims and their families often face serious injuries, costly medical bills, and tough legal questions about who is responsible.

Under Texas law, boating accident liability can be complex, involving state boating regulations, general negligence principles, and in some cases, criminal statutes for intoxicated operation. Here’s what you need to know if you’ve been involved in a recreational accident on Texas lakes, rivers, or coastal waters.

Texas Boating Laws at a Glance

The Texas Parks and Wildlife Department (TPWD) enforces state boating laws found primarily in Texas Parks & Wildlife Code, Chapter 31. These laws govern everything from boat registration to safety equipment requirements. For accident liability, key provisions include:

  • Operating a Vessel in a Negligent or Reckless MannerUnder Tex. Parks & Wild. Code § 31.099, it is an offense to operate a boat in a way that endangers the life, limb, or property of another person. This includes excessive speed, unsafe turns, or creating hazardous wakes.
  • Boating While Intoxicated (BWI)Similar to driving a car, operating a boat while intoxicated is prohibited under Tex. Penal Code § 49.06. A person is considered intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or more, or if they lack the normal use of mental or physical faculties due to alcohol or drugs. BWI is a criminal offense that can also form the basis for civil liability.
  • Duty to Render Aid and Report AccidentsUnder Tex. Parks & Wild. Code § 31.104, boat operators involved in an accident must stop, render aid, and exchange information. § 31.105 requires reporting any accident involving death, disappearance, or injury requiring more than first aid to TPWD within 48 hours, and property damage over $2,000 within 30 days.

Civil Liability for Boating Accidents

When a boating accident occurs, victims may bring a personal injury or wrongful death claim under Texas negligence law. To establish liability, you must generally prove:

  1. Duty of Care – The boat operator owed passengers and others on the water a duty to operate safely.
  2. Breach of Duty – The operator violated that duty, for example by speeding, failing to maintain a proper lookout, or boating while intoxicated.
  3. Causation – The breach directly caused the accident and resulting injuries.
  4. Damages – You suffered measurable harm (medical expenses, lost wages, pain and suffering, etc.).

Who Can Be Held Liable?

Boating accident claims often involve multiple responsible parties:

  1. The Boat OperatorIf the operator acted negligently or recklessly, they may be directly liable.
  2. The Boat OwnerEven if they weren’t driving, an owner who negligently entrusted the vessel to an incompetent or intoxicated operator can be held liable under the doctrine of negligent entrustment.
  3. Marinas, Rental Companies, or Tour OperatorsBusinesses that rent or charter boats can be liable for negligent maintenance, failure to provide safety instructions, or renting to unqualified or intoxicated individuals.
  4. Other Negligent PartiesLiability may extend to other boaters whose actions contributed to the collision or to manufacturers of defective equipment under Texas product liability law (Tex. Civ. Prac. & Rem. Code Chapter 82).

Boating While Intoxicated: Civil and Criminal Consequences

BWI is not only a criminal offense but strong evidence of negligence in a civil claim. A conviction can support a finding of negligence per se, meaning the violation of the statute is presumed to be negligent if it caused the injuries.

In cases involving gross negligence—conduct showing conscious indifference to the rights or safety of others—Texas law allows for exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.003.

Common Boating Accident Scenarios in Texas

  • Collisions between two vessels
  • Boat striking a dock, swimmer, or fixed object
  • Falls overboard leading to drowning
  • Water skiing or tubing accidents
  • Mechanical failure due to poor maintenance
  • Accidents caused by intoxicated or inexperienced operators

Steps to Take After a Boating Accident

  1. Seek Medical Attention Immediately – Even minor injuries can worsen if untreated.
  2. Report the Accident – Follow the reporting requirements under Texas law.
  3. Gather Evidence – Take photos, collect witness statements, and preserve any available video (including GoPro or cell phone footage).
  4. Avoid Giving Recorded Statements to Insurers – Consult a lawyer first.
  5. Contact a Texas Boating Accident Attorney – An attorney can investigate, identify liable parties, and pursue full compensation.

Bottom Line

Texas boating accident cases blend elements of personal injury law, maritime safety regulations, and sometimes criminal law. Whether your accident happened on Lake Texoma, the Brazos River, or along the Gulf Coast, identifying the responsible parties and proving negligence is key to recovery.

If you or a loved one has been injured in a boating accident, Howard, Lotspeich, Alexander & Williams, PLLC can help you navigate the legal waters and fight for the compensation you deserve. We offer free consultations and case evaluations and we don’t get paid unless you do. If you or a friend or family member has been seriously injured in a boating accident, contact us for a free consultation.

Person using smartphone with text overlay: “Social Media Mistakes That Can Ruin Your Texas Personal Injury Case”

Social Media Mistakes That Can Ruin Your Texas Personal Injury Case

By | Personal Injury
Person using smartphone with text overlay: “Social Media Mistakes That Can Ruin Your Texas Personal Injury Case”

Posting on social media during your injury case can cost you—learn the biggest mistakes to avoid.

Real-World Examples, Legal Pitfalls, and How to Protect Your Claim

In today’s connected world, social media is second nature. Whether it’s a quick photo on Instagram, a status update on Facebook, or a short video on TikTok, we often share snippets of our lives without a second thought. But if you’ve been injured in an accident in Texas and are pursuing a personal injury claim, social media can be your worst enemy.

What you post—intentionally or not—can severely damage your case. Insurance adjusters, defense attorneys, and investigators are scouring public profiles to find anything they can use to deny or reduce your compensation.

In this blog, we’ll share real-world examples of social media backfires, explain how Texas law treats social media evidence, and offer practical legal tips to avoid sabotaging your case.

How Social Media Can Harm a Personal Injury Claim

When you file a personal injury claim in Texas—whether it’s for a car crash, slip and fall, or other injury—you’re essentially stating that you’ve suffered physical, emotional, and financial harm. Any social media activity that appears to contradict those claims can be used against you.

Real Example #1: The “Weekend Warrior” Post

A Fort Worth man filed a claim after a motorcycle accident, citing serious back pain and limited mobility. However, he posted a photo on Facebook just weeks later of himself hiking with the caption, “Back at it!” Defense attorneys used the photo in court to undermine his credibility, and the jury awarded significantly less than what he sought.

Lesson: Even if your pain is manageable or the activity was staged, optics matter. A single photo can shift the entire narrative of your injury.

Relevant Law: Social Media as Admissible Evidence in Texas

Texas courts have consistently recognized social media posts as admissible evidence when relevant to a case. Under the Texas Rules of Evidence (TRE) 401 and 402, evidence is admissible if it makes a fact more or less probable than it would be without the evidence.

Furthermore, under Texas Rule of Civil Procedure 192.3, parties may obtain discovery regarding any matter that is relevant to the subject matter of the lawsuit—including digital content like social media posts.

This means if your post is even arguably related to your physical or emotional state, the opposing side can likely demand it in discovery. Courts have compelled plaintiffs to turn over private content in many Texas cases if it relates to:

  • Physical condition or activities
  • Mental or emotional state
  • Statements about the accident or injury
  • Posts about settlement or legal proceedings

Real Example #2: “Check-In” Gone Wrong

A Dallas woman claimed she was unable to return to work due to debilitating anxiety following a workplace injury. Yet she checked in on Facebook at a local comedy club and posted selfies laughing with friends. The defense used this to challenge her emotional distress claim, arguing she was socially active and enjoying life.

Her settlement offer dropped by nearly 40%.

Lesson: Check-ins, tagged photos, or casual posts can be deceptively damaging—especially when they paint a picture of normalcy or happiness inconsistent with your claims.

Legal Tip: Avoid These Common Social Media Mistakes

If you’re pursuing a personal injury claim in Texas, here are concrete ways to protect yourself online:

✅ Avoid Posting About Your Injury or Accident

Don’t share photos, updates, or opinions about your accident. Anything you say can be interpreted in a way that benefits the defense.

✅ Don’t Accept New Friend Requests

Insurance companies and defense investigators may try to access your private content by posing as someone else. Be cautious of unknown contacts.

✅ Set Your Accounts to Private—But Don’t Delete Posts

Adjust your privacy settings, but do not delete any posts after your accident. Deleting social media content during litigation could be considered destruction of evidence (spoliation) and may subject you to sanctions under Texas Rule of Civil Procedure 215.2.

✅ Tell Friends and Family Not to Post About You

Tagged photos or comments from loved ones can be just as harmful. Ask them to avoid mentioning your injury or activities.

Real Example #3: TikTok Dance Disaster

A teenager in Houston suffered a concussion after a sports-related accident and sued the school for inadequate supervision. A few weeks later, she posted a TikTok dance trend video. The school district’s attorneys cited the video to argue that she was not experiencing symptoms of dizziness or cognitive delays.

While she explained that she was “just trying to push through,” the judge found the evidence persuasive enough to reduce the award.

Protecting Your Case: What Your Attorney Needs to Know

Your attorney should be informed about your social media activity from the start. At our firm, we routinely advise clients on digital behavior and will work to protect your case from potential pitfalls.

If you’re unsure whether something could be problematic, it’s always better to ask than to post.

Final Thoughts: Your Case Is a Legal Matter, Not a Social One

In Texas personal injury cases, your words—and pictures—can absolutely come back to haunt you. What seems like a harmless post may be twisted to paint you as dishonest, exaggerating, or even fraudulent.

The best practice? Go quiet on social media until your case is resolved.

If you have been seriously injured in an accident, contact the HLAW firm today for a free case evaluation.

Concerned parent holding child’s hand after injury, symbolizing support during a Texas personal injury claim for minors

Personal Injury Claims for Children in Texas: What Parents Need to Know

By | Personal Injury
Concerned parent holding child’s hand after injury, symbolizing support during a Texas personal injury claim for minors

When your child is injured, understanding your legal options is crucial. Learn how HLAW helps families navigate child injury claims in Texas.

When a child is injured due to another’s negligence, parents are thrust into a world of emotional stress, medical decisions, and legal confusion. In Texas, personal injury claims involving children differ significantly from those involving adults—and understanding these nuances is critical to protecting your child’s rights and future.

At the HLAW law firm, we’ve represented children and families across Texas in personal injury cases. Our team understands the delicate balance between legal complexity and the care families need after a traumatic event. Below, we explain everything Texas parents should know about pursuing a child injury claim, including deadlines, guardianship requirements, settlement procedures, and court oversight.

Children Have a Right to Compensation—But Cannot File Their Own Lawsuit

In Texas, minors (individuals under age 18) lack legal capacity to file lawsuits or enter into binding legal contracts. However, Texas law does not prohibit a minor from recovering compensation for injuries caused by another person’s negligence.

Who Can File on the Child’s Behalf?

Under Texas Rule of Civil Procedure 44, a next friend (usually a parent or legal guardian) may file suit on behalf of the child. The court will also typically appoint a guardian ad litem or formal legal guardian under certain circumstances to ensure the child’s interests are fully protected.

Statute of Limitations: Special Rules for Minors

For most adult personal injury claims, the statute of limitations in Texas is two years from the date of the incident, per Texas Civil Practice & Remedies Code § 16.003(a). However, when the injured party is a minor, the timeline is different.

Tolling for Minors

Under § 16.001(a)(1) and (b), a person is under a legal disability if they are under 18. The limitations period is tolled (paused) until the minor reaches their 18th birthday.

This means the child generally has until their 20th birthday to file their claim.

BUT: Parental Claims Are Still Limited

Parents, however, are entitled to bring separate claims for:

These parental claims are not tolled and must be brought within two years of the incident.

Settlement of a Minor’s Personal Injury Claim Requires Court Approval

Texas law is particularly protective of minors’ rights, especially when it comes to settlements. Even if all parties agree to settle, a Texas court must approve the settlement before it becomes enforceable.

Tex. Estates Code § 1351.001 allows for court approval of a minor’s settlement and details when court-created accounts or guardianships of the estate are required.

The Court Approval Process:

  1. File a Petition for Approval of Minor’s Settlement
  2. Appointment of a Guardian Ad Litem (if required)
  3. Conduct a Prove-Up Hearing
  4. Court evaluates:
  • Whether the settlement is fair and reasonable
  • Whether proceeds are being protected for the child’s benefit
  • Judge enters an order approving the settlement and disbursing funds appropriately

Courts routinely use Tex. R. Civ. P. 173 to appoint a Guardian Ad Litem when necessary.

The Role of a Guardian Ad Litem

When court approval is needed, the judge may appoint a Guardian Ad Litem—an independent attorney tasked with evaluating whether the proposed settlement is in the child’s best interest.

Tex. R. Civ. P. 173.4(c): “The guardian ad litem may participate in mediation or negotiation, and may testify or submit a report and recommendations to the court concerning the settlement.”

Their report may influence the judge’s decision significantly. This neutral third party ensures that no conflict of interest exists between the child and the parent or attorney, especially in cases involving large settlements or parental claims for reimbursement.

Important: The Guardian Ad Litem’s fees are usually paid from the settlement, and the court must also approve this fee.

Where Does the Money Go? Distributing a Minor’s Settlement

Texas law mandates protections for how a minor’s injury settlement is handled. The funds cannot simply be handed over to the parents.

Acceptable Methods of Disbursement:

  • Court Registry (Estates Code § 1351.003): The funds are deposited with the court and released when the child turns 18.
  • Structured Settlement Annuities: Payments begin at age 18 (or another age specified by the court) and continue periodically.
  • Trust Accounts: In some cases, a special needs trust or guardianship of the estate may be necessary to preserve eligibility for benefits.

If the net recovery is over $100,000, courts often require appointment of a guardian of the child’s estate under Tex. Estates Code § 1104.001.

Medical Expenses and Insurance Subrogation

In Texas, medical bills for a minor are generally considered the legal responsibility of the parents until the child turns 18. These bills form the basis of the parents’ own personal injury claim, which is subject to the standard 2-year statute of limitations.

Also, beware of health insurance subrogation claims. Under Tex. Civ. Prac. & Rem. Code § 140.005, insurers may seek reimbursement from settlement funds for amounts they paid toward the child’s treatment, but parents may have negotiation rights to reduce this lien. An experienced Texas personal injury attorney can be crucial in the success of this process as well.

Why You Need an Experienced Attorney for a Child Injury Claim

Navigating a child injury case is not simply about negotiating with insurance companies. It requires:

  • Managing dual claims for both parent and child
  • Understanding court approval procedures
  • Navigating guardian ad litem investigations
  • Handling structured settlements and trusts
  • Coordinating with insurance subrogation departments

At the HLAW law firm, our attorneys bring over years of experience handling minors’ personal injury settlements across Texas. We understand how to protect your child’s legal and financial future, and how to advocate for your family at every step.

Final Thoughts: Don’t Wait to Act

While the statute of limitations may be tolled for a child’s injury, critical evidence—such as witness statements, photographs, and medical records—can fade over time. Early legal action helps ensure the strongest possible claim and maximizes your child’s recovery.

Contact HLAW Today

If your child has suffered a serious injury, contact HLAW to speak with an experienced Texas child injury attorney and a free case evaluation. We’ll walk you through every step of the process—from investigating the claim to finalizing a court-approved settlement that protects your child’s future.


X-ray of shoulder and ribcage highlighting pre-existing conditions in Texas personal injury claims

How Pre-Existing Conditions Affect Your Texas Personal Injury Claim

By | Personal Injury
X-ray of shoulder and ribcage highlighting pre-existing conditions in Texas personal injury claims

Understanding how pre-existing injuries impact personal injury cases under Texas law, including the eggshell plaintiff rule.

When you suffer an injury in Texas due to someone else’s negligence, you have the right to seek compensation, even if you had a pre-existing condition. However, insurance companies often use your prior medical history to limit or deny your claim. This is where Texas law and the “eggshell plaintiff” rule come into play.

Understanding Pre-Existing Conditions in Personal Injury Claims

A pre-existing condition refers to any medical issue or injury you had before the accident. Common examples include:

  • Back or neck problems
  • Arthritis
  • Previous surgeries
  • Degenerative disc disease
  • Old fractures or soft tissue injuries

When a new accident aggravates or exacerbates these conditions, questions often arise about how much of your current injury is due to the new incident versus your prior health issues.

The Eggshell Plaintiff Rule in Texas

Under Texas law, the “eggshell plaintiff” rule protects injured victims who have pre-existing conditions. This rule is derived from common law principles and is routinely recognized by Texas courts.

The Texas Pattern Jury Charge (PJC 28.6) includes specific language on pre-existing conditions:  “If a pre-existing injury or condition was aggravated by the occurrence in question, you are to determine the amount of damages that resulted from the aggravation.”

Simply put, under the eggshell plaintiff rule, a defendant takes the plaintiff as they find them. If the defendant’s negligence causes additional harm to someone who is more susceptible to injury due to a pre-existing condition, they are still fully responsible for the entire extent of the harm caused.

Insurance Companies’ Tactics

Despite the eggshell plaintiff rule, insurance companies routinely argue that your injuries were not caused by the accident but were instead due to your pre-existing conditions. Their tactics often include:

  • Requesting extensive medical records
  • Hiring defense medical experts
  • Arguing that only a minor aggravation occurred
  • Blaming natural degeneration or aging

These arguments can significantly reduce your settlement offer if you don’t have strong legal advocacy.

Texas Law: Proximate Cause and Apportionment of Damages

In Texas, the legal concept of “proximate cause” is crucial (Texas Pattern Jury Charge PJC 2.4). The defendant is liable for injuries that are the foreseeable result of their negligence, even if the plaintiff’s pre-existing condition made the injuries worse.

However, if part of your injury was truly unrelated to the accident, the jury may apportion damages. Texas Civil Practice and Remedies Code §33.003 allows for proportionate responsibility, though this typically applies to multiple defendants rather than distinguishing between pre-existing and new injuries.

In Leitch v. Hornsby, 935 S.W.2d 114 (Tex. 1996), the Texas Supreme Court reaffirmed that defendants are liable for the full extent of harm caused by their negligence, even when pre-existing conditions make the injury worse.

Key Takeaways for Injured Texans

  •  You are entitled to compensation for the full extent of your injuries, even if you had a pre-existing condition.
  • The defendant cannot escape liability by arguing you were already vulnerable.
  • Insurance companies will likely try to minimize your claim by focusing on your medical history.
  • Having thorough medical documentation and an experienced personal injury attorney can make a significant difference.

Protecting Your Rights

If you have suffered a pre-existing injury accident in Texas, don’t let insurance companies take advantage of you. An experienced personal injury attorney can:

  • Gather and present your medical evidence effectively.
  • Retain medical experts to support your case.
  • Ensure the jury understands how the accident aggravated your pre-existing condition.
  •  Maximize your compensation under Texas law.

At the HLAW Firm, we have extensive experience dealing with complex cases involving pre-existing injuries. Contact us for a free consultation if you or a loved one has been injured.

Texas parking lot and sidewalk injury — premises liability law explained

When Property Owners Are Liable for Injuries on Sidewalks or Parking Lots in Texas

By | Personal Injury
Texas parking lot and sidewalk injury — premises liability law explained

HLAW Firm helps victims of parking lot and sidewalk injuries pursue justice under Texas premises liability law.

Sidewalks, parking lots, and other exterior areas of businesses and properties are often taken for granted. But for many personal injury victims, these seemingly ordinary places are where accidents happen. In Texas, property owners can be held legally responsible for injuries that occur on these exterior spaces under premises liability law.

Understanding Premises Liability for Exterior Areas

Texas premises liability law is governed primarily by common law principles and influenced by the Texas Supreme Court’s decisions, such as Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), and Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992). These cases establish that property owners and occupiers have a duty to maintain their premises in a reasonably safe condition and warn of known dangers.

While many associate premises liability with incidents inside buildings, Texas law applies the same principles to exterior areas, including:

  • Sidewalks
  • Parking lots
  • Driveways
  • Entryways
  • Outdoor common spaces

Who Is Responsible for Sidewalks and Parking Lots?

Liability depends on ownership and control:

  • Private Property Owners: Businesses, shopping centers, apartment complexes, and private property owners are generally responsible for maintaining their sidewalks, parking lots, and driveways. See CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000).
  • Public Entities: If a sidewalk or parking lot is owned or maintained by a governmental entity, sovereign immunity laws apply under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code Chapter 101. This law provides limited waivers of immunity but imposes strict notice requirements and damage caps.
  • Shared Responsibility: Property managers, tenants, or contractors may share liability depending on contractual obligations and control over the premises.

Common Exterior Hazards Leading to Injury

Some of the most frequent causes of sidewalk and parking lot injuries in Texas include:

  • Uneven or cracked pavement
  • Potholes
  • Loose gravel or debris
  • Poor lighting leading to inadequate visibility
  • Inadequate drainage causing slick surfaces
  • Missing or poorly marked curbs or steps
  • Failure to address ice, snow, or standing water (though Texas rarely deals with ice, occasional winter storms can create hazards)

Legal Standard: The Duty Owed to Visitors

Under Texas law, the duty owed depends on the status of the injured person:

  • Invitees (business customers, tenants, guests): Property owners owe the highest duty of care. They must inspect the property and either remedy dangerous conditions or warn of their existence. See Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934 (Tex. 1998).
  • Licensees (social guests): Property owners owe a duty to warn of known dangerous conditions that are not obvious.
  • Trespassers: Generally, the duty is minimal, though landowners cannot willfully or wantonly cause harm.

Proving Liability in Texas Parking Lot and Sidewalk Injury Cases

To succeed in a premises liability claim for a parking lot injury or sidewalk trip fall liability in Texas, the injured party typically must prove:

  1. The property owner had actual or constructive knowledge of the dangerous condition.
  2. The condition posed an unreasonable risk of harm.
  3. The property owner failed to take reasonable steps to reduce or eliminate the risk.
  4. The failure directly caused the injury.

Constructive knowledge can be established by showing the condition existed long enough that the owner should have discovered it through reasonable inspection. This standard was clarified in Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406 (Tex. 2006).

Challenges in Sidewalk and Parking Lot Cases

These cases often hinge on:

  • Photographs or video of the hazard
  • Maintenance logs and inspection reports
  • Witness statements
  • Expert testimony (engineering reports, lighting studies, or building code violations)

In urban areas, municipal codes may establish maintenance standards that can strengthen a negligence claim if violated.

Governmental Claims: Special Considerations

Claims against a governmental entity in Texas face unique hurdles under the TTCA:

  • Plaintiffs must provide written notice of the claim within six months of the injury (or less if required by local charter).
  • Damages are capped ($250,000 per person/$500,000 per occurrence for state entities).
  • The plaintiff must prove actual knowledge of the dangerous condition by the governmental unit.

Statute of Limitations in Texas

Under Texas Civil Practice & Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of injury. Prompt action is crucial, especially in cases involving public entities due to additional notice requirements.

Damages Available

In a successful premises liability case, injured victims may recover damages for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Permanent impairment or disability
  • Future medical care needs

Why Exterior Premises Liability Claims Matter

Sidewalk and parking lot injuries can result in serious harm: fractures, head trauma, spinal injuries, or even lifelong disabilities. Property owners must take reasonable steps to protect visitors not only inside but also outside their buildings.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the complexities of Texas premises liability law. If you or a loved one has been injured in a sidewalk or parking lot accident, don’t wait. Contact our experienced personal injury attorneys today for a free consultation and let us fight for the justice you deserve.

Doctor holding stethoscope with text asking if you need to see a doctor after a minor car accident – HLAW Law Firm

Do I Need to See a Doctor After a Minor Car Accident?

By | Personal Injury
Doctor holding stethoscope with text asking if you need to see a doctor after a minor car accident – HLAW Law Firm

Even minor car accidents can cause hidden injuries. Learn why seeing a doctor right away is critical to your health and your personal injury claim.

Why Delaying Medical Care Could Harm Both Your Health and Your Injury Claim

When you’ve been in a minor car accident—maybe a rear-end at a stoplight or a fender bender in a parking lot—it’s easy to think, “I feel fine, so I don’t need to see a doctor.” But in Texas personal injury cases, this one decision can have a major impact on your health, recovery, and financial compensation.

At the HLAW Law Firm, we’ve helped countless Fort Worth accident victims who initially thought they were uninjured, only to discover serious symptoms days later. Below, we explain exactly why seeing a doctor after any car crash—no matter how small—is not just recommended, but essential.

🚗 Why “Minor” Accidents Can Still Cause Major Injuries

There’s no such thing as a “minor” accident when it comes to your body. Even a low-speed crash involves a sudden change in momentum, which forces your muscles, ligaments, joints, and spine to absorb the shock.

You might feel okay at the scene, but the effects often don’t show up until hours or even days later—especially when adrenaline and shock are still in play.

⚠️ Common Injuries from Low-Impact Collisions Include:

  • Whiplash – neck strain from rapid back-and-forth motion
  • Soft tissue damage – to muscles, tendons, and ligaments
  • Herniated discs – causing pain, tingling, or numbness
  • Concussions – even without hitting your head
  • Shoulder, knee, or wrist injuries – from bracing on impact
  • Internal bleeding or bruising – especially from seat belt trauma

These injuries can worsen without early treatment and sometimes become chronic or permanent if ignored.

🏥 Why You Should See a Doctor Even If You Feel “Fine”

✅ 1. Symptoms May Be Delayed

Many accident-related injuries don’t present immediate symptoms. It might take:

  • 12 to 72 hours for neck or back pain to show up
  • Several days for nerve pain, headaches, or dizziness
  • A week or more before soft tissue stiffness becomes obvious

Early diagnosis means quicker healing, reduced long-term damage, and clearer proof of your injury’s cause.

✅ 2. Medical Records Protect Your Legal Rights

If you later decide to pursue a personal injury claim, insurance adjusters will scrutinize your actions after the accident. One of the first questions they ask is:

“Did you go to the doctor right away?”

Waiting too long may lead them to argue:

  • You weren’t really hurt
  • Your injury came from something else
  • Your damages aren’t worth as much

Having prompt medical documentation strengthens your claim and links your injuries directly to the crash.

✅ 3. Insurance Companies Use Delays Against You

Even in cases where the other driver was clearly at fault, insurers will look for any excuse to reduce or deny your compensation.

Texas follows a modified comparative fault rule (Tex. Civ. Prac. & Rem. Code § 33.001), meaning if they can pin 51% of the blame on you—or claim your injuries are unrelated—you could walk away with nothing.

🕒 How Soon Should You Get Medical Attention?

The best practice is to see a doctor within 72 hours of the accident, even if you don’t feel hurt. This is considered a reasonable time frame by both insurers and courts.

📌 You should go immediately if you experience:

  • Loss of consciousness
  • Vomiting or nausea
  • Severe pain
  • Confusion or memory issues
  • Visible swelling or bruising

💬 What Kind of Doctor Should You See After a Car Accident?

It depends on your symptoms and situation, but common options include:

  • Emergency Room – for urgent or severe symptoms
  • Urgent Care – for same-day evaluation of mild-to-moderate pain
  • Primary Care Doctor – for continuity of care and referrals
  • Chiropractor or Physical Therapist – for neck, spine, and mobility issues
  • Orthopedic Specialist – for joint and musculoskeletal injuries

If you don’t know where to start, we can connect you with local providers who treat car accident victims and understand how to document your case properly.

💸 What If I Can’t Afford to See a Doctor?

In Texas, many doctors who treat car wreck injuries will work on a letter of protection basis. That means they agree to delay payment until your case settles—no upfront cost.

At HLAW, we regularly help clients arrange care with:

  • Chiropractors
  • Imaging clinics (MRI, CT)
  • Orthopedic specialists
  • Physical therapy providers

We can help coordinate your treatment so you can focus on healing.

What Happens If You Don’t Seek Medical Treatment?

If you choose not to see a doctor after a crash, you risk:

  • Worsening a hidden injury
  • Being stuck with out-of-pocket medical bills later
  • Losing your chance to file a personal injury claim
  • Getting lowballed or denied by the insurance company

Even if you feel fine, documentation matters. It’s your proof that the accident caused your injuries, not something else.

🧠 What If You Waited Too Long to See a Doctor?

If it’s been a few days or even weeks and you’re only now starting to feel pain, you should still seek care immediately and speak to an attorney. It’s harder to prove your case with delays, but not impossible—especially if your symptoms are clearly injury-related and documented properly.

👨‍⚖️ Hurt in a Car Wreck in Fort Worth? Let’s Talk.

At the HLAW Firm, we’re not just here to file claims—we’re here to listen, guide, and advocate for you. Whether your wreck felt “minor” or involved serious injuries, we treat each case with the same level of care and commitment.

Free consultations

No fees unless we win

Trusted relationships with local doctors

Compassionate, faith-based advocacy

Don’t guess about your health. 

📞 Contact us today to speak directly with a personal injury attorney.

Medical illustration of a human skull and brain with the text ‘Traumatic Brain Injuries in Texas – Legal Rights, Real Cases, and What to Expect in a Texas Personal Injury Claim’ from HLAW Law Firm.

Traumatic Brain Injuries in Texas: Legal Rights, Real Cases, and What to Expect in a Personal Injury Claim

By | Personal Injury
Medical illustration of a human skull and brain with the text ‘Traumatic Brain Injuries in Texas – Legal Rights, Real Cases, and What to Expect in a Texas Personal Injury Claim’ from HLAW Law Firm.

Learn what Texas law says about traumatic brain injury claims—your legal rights, real case examples, and how HLAW Law Firm can help you seek justice.

Introduction

Traumatic Brain Injuries (TBIs) are among the most devastating injuries a person can suffer—often resulting in permanent cognitive, emotional, and physical impairments. In Texas personal injury law, TBIs require a nuanced approach: proving causation, long-term consequences, and damages in a way that withstands the scrutiny of insurance adjusters, defense counsel, and juries.

Whether the injury resulted from a car wreck, workplace fall, sports incident, or violent assault, victims deserve both medical care and legal justice. This article provides an in-depth guide to TBI cases in Texas, exploring relevant statutes, legal strategies, case examples, and the kinds of damages typically awarded.

1. Understanding Traumatic Brain Injuries

A TBI occurs when the brain is damaged by external force—commonly through blunt trauma, penetration, or acceleration/deceleration forces. Types of TBIs include:

  • Concussions – Often caused by whiplash or impact, with symptoms like confusion, headache, and memory loss.
  • Contusions – Bruising of the brain tissue, usually from direct impact.
  • Diffuse Axonal Injury – Caused by rapid acceleration/deceleration, damaging brain cells across multiple areas.
  • Penetrating Injuries – From objects entering the skull (e.g., gunshots, industrial accidents).
  • Second Impact Syndrome – Occurs when a second concussion is sustained before the first has healed.

Common Symptoms:

  • Short- and long-term memory loss
  • Difficulty concentrating or reasoning
  • Personality changes or depression
  • Slurred speech or motor impairments
  • Fatigue, headaches, vision issues
  • Post-traumatic seizures

2. Texas Law Governing TBI Personal Injury Claims

Texas personal injury claims involving TBIs typically rely on a negligence theory, meaning the plaintiff must show that the defendant failed to act with reasonable care and caused the injury.

A. Key Legal Elements:

  1. Duty – The defendant had a legal duty (e.g., to operate a vehicle safely, maintain safe premises).
  2. Breach – That duty was breached (e.g., through reckless driving or ignoring hazards).
  3. Causation – The breach caused the TBI.
  4. Damages – The victim suffered actual, compensable harm.

B. Comparative Fault – CPRC § 33.001–33.017

Texas applies modified comparative fault. If the injured party is more than 50% at fault, they cannot recover damages. If less, damages are reduced proportionally. This can become critical in:

  • Car accidents involving allegations of speeding or texting
  • Slip-and-fall cases where warning signs were partially visible
  • Workplace injuries involving failure to follow safety protocols

C. Statute of Limitations – CPRC § 16.003

You have two years from the date of injury to file a lawsuit. In some brain injury cases—especially when symptoms are subtle—delayed discovery arguments may apply, but this can be contentious and requires strong medical documentation.

3. Types of TBI-Related Accidents in Texas Personal Injury Law

A. Car and Truck Accidents

TBIs are common in rear-end collisions, rollovers, and motorcycle crashes. Even when airbags deploy and seat belts are used, sudden deceleration can cause the brain to shift violently within the skull.

B. Falls on Dangerous Premises

Under Texas premises liability law, property owners owe a duty to warn of or correct unreasonably dangerous conditions. TBIs from slips, trips, and stairway falls often occur in:

  • Retail stores (wet floors, poor lighting)
  • Apartment complexes (broken handrails, loose tiles)
  • Public buildings (uneven pavement, lack of signage)

Key Issue:

Plaintiffs must prove the owner had actual or constructive knowledge of the hazard and failed to remedy it. Surveillance footage, cleaning logs, and witness statements are crucial.

C. Workplace and Construction Accidents

Texas is unique in that it allows employers to opt out of the state workers’ compensation system. These non-subscriber employers can be directly sued for negligence.

Scenario:

A roofer working for a non-subscriber in Fort Worth falls through an unsecured skylight and suffers a severe TBI. If OSHA violations or improper training are proven, the employer may be held liable.

For subscriber employers, a third-party lawsuit might still be viable—for example, against a subcontractor or equipment manufacturer.

D. Medical Negligence or Birth Injury

Brain damage due to lack of oxygen (hypoxia) during childbirth, surgical error, or anesthesia negligence may form the basis of a medical malpractice claim. These are governed by CPRC Chapter 74, which requires:

  • Pre-suit notice
  • Expert reports
  • Caps on non-economic damages ($250,000 per provider)

E. Assault and Negligent Security

TBI victims of violent assaults (e.g., bar fights, domestic violence, parking lot attacks) may bring civil claims against:

  • Perpetrators (if identifiable and collectible)
  • Property owners (if they failed to implement reasonable security measures)

Under Texas law, businesses are not liable for third-party criminal acts unless those acts were foreseeable and preventable. Prior similar crimes, lack of lighting or surveillance, and poor response plans can support a claim.

4. Evidence and Experts in TBI Litigation

TBIs are notoriously difficult to “see,” especially in the absence of skull fractures or hemorrhages. That makes medical evidence and expert testimony essential.

Types of Medical Evidence:

  • Neuroimaging (MRI, CT, DTI scans)
  • EEGs (for seizure activity)
  • Neuropsychological Testing (measures memory, attention, processing speed)
  • Expert Testimony from neurologists, neurosurgeons, rehab specialists

Other Critical Evidence:

  • Testimony from family, coworkers, teachers (to demonstrate changes in behavior)
  • Employment records (pre- vs. post-incident productivity)
  • Life care planners and economists (to estimate future care costs and earning capacity)
  • Pain journals and video diaries

5. Damages in Texas TBI Lawsuits

Damages in a TBI case can be extensive and are usually categorized into:

A. Economic Damages

  • Medical bills (hospitalization, surgery, rehab, medications)
  • Lost income and future earning capacity
  • In-home care or residential treatment
  • Occupational therapy, counseling, assistive devices

B. Non-Economic Damages

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium (for spouses or family members)

C. Punitive Damages (Exemplary Damages)

Available under CPRC § 41.003 if the defendant acted with gross negligence, malice, or fraud (e.g., drunk driving, intentional assault).

6. Settlement vs. Trial: What to Expect

Most TBI claims settle before trial, but insurance companies often resist paying fair value due to the subjective nature of many symptoms.

Advantages of Settlement:

  • Certainty and faster compensation
  • Avoids the emotional toll of litigation

When Trial May Be Necessary:

  • Disputes over causation or extent of impairment
  • Allegations of preexisting conditions
  • Need for structured lifetime compensation

Tip: Your legal team should prepare every TBI case as if it will go to trial. That alone can strengthen your bargaining power.

Conclusion: Get Legal Help from a Texas TBI Attorney

If you or someone you love has sustained a traumatic brain injury due to someone else’s negligence, the path forward can feel overwhelming. Between medical bills, insurance claims, and long-term uncertainty, you need an advocate who understands both the law and the science behind TBIs.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we don’t treat TBI cases like routine personal injury claims. We invest in the best experts, create compelling case strategies, and walk with you and your family every step of the way.

Schedule a Free Consultation Today

We’re proud to serve TBI victims across Fort Worth, Dallas, and all of Texas. Call 817-993-9249 or complete our online intake form for a confidential, no-obligation case review.