Legal Options After a Traumatic Brain Injury in Texas

A traumatic brain injury (TBI) can create lifelong challenges, but victims in Texas have important legal rights. 

Filing a Personal Injury Lawsuit

When negligence plays a role in a TBI accident, Texas law allows victims to pursue compensation through personal injury claims. To succeed, the injured party must prove that:

• The defendant owed a duty of care
  
• The defendant breached that duty through negligence or reckless behavior
  
• The breach directly caused the TBI
  
• The injury resulted in damages such as medical bills, lost wages, or pain and suffering
  

Evidence is critical in proving these elements. Medical records documenting the diagnosis and treatment, expert testimony from neurologists or rehabilitation specialists, accident reports, and witness statements often establish liability and the extent of the injury. 

Workers’ Compensation and Third-Party Claims

Texas employers are not required to carry workers’ compensation insurance, but many do. If a TBI occurs at work and the employer has coverage, victims may receive benefits for medical expenses and a portion of lost wages. However, workers’ compensation does not provide damages for pain and suffering.

If a third party contributed to the accident, such as a subcontractor on a job site or a negligent equipment manufacturer, victims may pursue a third-party lawsuit. This option can provide broader compensation than workers’ compensation benefits alone.

Wrongful Death Claims

When a traumatic brain injury is fatal, Texas law permits surviving family members to file a wrongful death claim. Eligible parties include spouses, children, and parents. Damages in a wrongful death action may include funeral expenses, loss of companionship, and loss of financial support. Families may also bring a survival action to recover damages the victim could have claimed had they lived.

Types of Compensation Available for TBI Victims

The impact of a traumatic brain injury often extends far beyond immediate medical costs. Texas law allows victims to pursue several categories of compensation, including:

• Current and future medical expenses, including rehabilitation and long-term care
  
• Lost wages and loss of future earning capacity
  
• Pain and suffering caused by the injury
  
• Loss of enjoyment of life and diminished quality of life
  
• Home modifications or assistive devices needed for daily living
  

In wrongful death cases, surviving family members may pursue damages for funeral expenses, loss of companionship, and lost financial support.

Common Causes of Traumatic Brain Injuries in Texas

TBIs occur in a variety of situations, many of which involve negligence. Some of the most common causes include:

• Motor vehicle accidents involving cars, trucks, and motorcycles.
  
• Falls on unsafe premises such as poorly maintained stores or apartment complexes.
  
• Workplace accidents, especially in construction or oilfield jobs.
  
• Sports injuries involving inadequate safety measures.
  
• Acts of violence or criminal assaults.
  

Statute of Limitations in Texas

Time limits apply to all personal injury claims in Texas. Under Texas Civil Practice and Remedies Code § 16.003, victims generally have two years from the date of the injury to file a lawsuit. Missing this deadline usually means forfeiting the right to pursue compensation.

There are exceptions, such as when the injured person is a minor or when the injury was not immediately discovered, but they are rare.