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:
- Duty – The defendant had a legal duty (e.g., to operate a vehicle safely, maintain safe premises).
- Breach – That duty was breached (e.g., through reckless driving or ignoring hazards).
- Causation – The breach caused the TBI.
- 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.
