Aubrey Traumatic Brain Injury Attorney

Get a Free Case Review

SERIOUS ATTORNEYS FOR SERIOUS INJURIES

Practice Areas

FREE CONSULTATION
five-stars-BBGgold

Chandler Ross is the best hands down! You can not go wrong with these attorneys!

— Tracy P.

A traumatic brain injury (TBI) can change every part of a person’s life in seconds. Whether it happens on a stretch of U.S. Highway 380 near Aubrey, in a construction zone off FM 428, or in a parking lot near the Denton County courthouse, the consequences are serious and often long-lasting. If someone else’s negligence caused your TBI, Texas law gives you the right to pursue compensation, and Chandler Ross Injury Attorneys is here to help you do exactly that.

Table of Contents

What Qualifies as a Traumatic Brain Injury Under Texas Law

A traumatic brain injury is damage to the brain caused by an external force, such as a blow, jolt, or penetrating impact to the head. The Centers for Disease Control and Prevention (CDC) identifies TBI as a major cause of death and disability in the United States. Traumatic brain injuries are caused by external factors that cause a bump, blow, or jolt to the head or body, and can be categorized as a closed TBI (where the impact does not penetrate the skull) or an open TBI (where the impact penetrates the skull).

TBIs range from mild concussions to severe injuries that result in permanent cognitive or physical impairment. A mild TBI may cause short-term confusion and headaches. A severe TBI can leave a person unable to work, communicate, or care for themselves. The injury does not have to be visible on the outside for it to be life-altering on the inside.

Texas law treats TBI as a serious personal injury. Under Texas Civil Practice and Remedies Code Section 16.003, personal injury claims, including those involving traumatic brain injuries, are recognized as actionable civil claims. Texas Penal Code Section 49.07 also makes specific reference to TBI in the criminal context, noting that causing a TBI that results in a persistent vegetative state through intoxicated driving is treated as a second-degree felony. This shows just how seriously Texas treats brain injuries caused by another person’s reckless or negligent conduct.

Common causes of TBI in and around Aubrey include car accidents, truck accidents, motorcycle crashes, falls on unsafe property, and workplace incidents. Each of these scenarios can give rise to a personal injury claim when another party’s negligence is the cause. If you or a family member has suffered a TBI due to someone else’s actions, contact Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation.

How Often Traumatic Brain Injuries Happen in Texas

Texas has one of the highest TBI rates in the country, and the numbers are striking. Texas is part of a national epidemic, with an estimated 144,000 individuals sustaining a TBI every year, which is one every four minutes, and over 479,000 Texans live with disabilities caused by TBI. These are not abstract statistics. They represent real people, many of them from communities like Aubrey, Little Elm, and Denton, who are now living with permanent changes to their health and quality of life.

Every day, approximately 586 people in the U.S. are hospitalized and 190 people die as the result of a TBI, and according to the Brain Injury Association of America, someone in the U.S. sustains a brain injury every 9 seconds. Motor vehicle crashes are among the leading causes. Anyone who drives on I-35 through Denton County or along the growing corridors of FM 2931 near Aubrey knows that traffic is increasing and so is the risk of serious accidents.

In 2020, approximately 214,000 people in the U.S. were hospitalized for a TBI, and in 2021, approximately 69,400 people died from a TBI. These figures reflect only those who received formal hospital care. Many more TBI victims are treated in emergency departments and released without a full understanding of the long-term effects they may face.

The personal toll goes beyond the injured person. When a person sustains a traumatic brain injury, the entire family is affected, with life changes including frequent medical, therapy, and rehabilitation appointments, remodeling of a home to accommodate the brain-injured individual, and loss of employment for not only the injured person but also for those who must assume the role of caregiver. These compounding losses are exactly why pursuing full compensation matters so much.

What Damages You Can Recover in an Aubrey TBI Claim

Texas law allows TBI victims to recover a wide range of damages when another party’s negligence caused the injury. Damages fall into two main categories: economic and non-economic. Economic damages cover measurable financial losses. Non-economic damages address the human impact of the injury.

Economic damages in a TBI case can include emergency medical care, hospitalization, surgery, diagnostic imaging such as MRIs and CT scans, ongoing rehabilitation, physical therapy, occupational therapy, speech therapy, lost wages, and reduced earning capacity. TBI treatment is expensive and often continues for years. A severe TBI may require lifetime care, and those costs must be calculated carefully to ensure the compensation you seek is truly adequate.

Non-economic damages include physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for affected spouses or family members. Texas does not cap non-economic damages in most personal injury cases, which means your case can be valued based on the true impact the injury has had on your life.

In cases involving gross negligence, such as a drunk driving accident on U.S. 377 near Aubrey or a reckless truck driver on U.S. 380, Texas law also allows for exemplary (punitive) damages under Texas Civil Practice and Remedies Code Chapter 41. These are designed to punish especially reckless conduct and deter it in the future. As personal injury lawyers who handle TBI cases across Denton County, the team at Chandler Ross Injury Attorneys evaluates every category of damages to make sure nothing is left on the table.

How Texas Law Governs the Deadline to File a TBI Lawsuit

The deadline to file a TBI lawsuit in Texas is strict, and missing it can permanently end your right to compensation. Under Texas Civil Practice and Remedies Code Section 16.003(a), a person must bring suit for personal injury not later than two years after the day the cause of action accrues. In most TBI cases, that clock starts on the day of the accident or incident that caused the injury.

Courts enforce this deadline strictly, and exceptions are rare. Failing to act within the statute of limitations can completely block your chance to recover damages for medical bills, lost wages, pain and suffering, or other losses. Two years may seem like a long time, but TBI recovery is often slow, and victims sometimes focus entirely on treatment while the legal deadline quietly approaches.

There are limited exceptions to this rule. If the injured person is of “unsound mind” when the cause of action accrues, the statute of limitations is tolled until they regain capacity, as covered under Texas Civil Practice and Remedies Code Section 16.001(a)(2). This can be relevant in severe TBI cases where the victim is incapacitated following the injury. If the injured person is a minor, the two-year statute of limitations clock does not begin until their 18th birthday, effectively giving them until their 20th birthday to file a personal injury lawsuit.

If a government entity is involved, such as a city vehicle that caused the crash near the Denton County Administration Building, additional notice requirements apply. If your injury was caused by a government entity, such as a city, county, or state agency, the deadlines are much shorter and stricter, with the Texas Tort Claims Act often requiring written notice of your claim within just 180 days of the accident date, and missing this brief window can bar your case from moving forward even if you are within the two-year personal injury statute of limitations. Do not wait. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your injury.

How Expert Witnesses Strengthen a TBI Case in Texas Courts

Proving a traumatic brain injury in court requires more than medical records. It requires qualified expert witnesses who can explain the nature of the injury, the cause, and the long-term prognosis to a judge or jury. In federal court, and in Texas state courts that apply similar standards, expert testimony is evaluated under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). This standard requires that expert testimony be based on sufficient facts, a reliable methodology, and a valid application of that methodology to the facts of the case.

In a TBI lawsuit, expert witnesses often include neurologists, neuropsychologists, life care planners, and vocational rehabilitation specialists. A neurologist can explain the physical damage to the brain and how it corresponds to the victim’s symptoms. A neuropsychologist can document cognitive deficits through testing. A life care planner can project the cost of future medical needs over the course of the victim’s lifetime. A vocational expert can quantify lost earning capacity when the TBI prevents the victim from returning to their prior occupation.

Insurance companies also use expert witnesses to challenge TBI claims. They may argue that the injury is less severe than claimed, or that symptoms are unrelated to the accident. Having the right legal team means having attorneys who know how to select, prepare, and present expert witnesses, and how to challenge the ones working against you.

At Chandler Ross Injury Attorneys, we work with credible, qualified experts who can clearly communicate the impact of a TBI to a Denton County jury. Whether your case resolves through settlement or goes to trial at the Tom Vandergriff Civil Courts Building, we build the kind of evidentiary record that supports maximum compensation. Call us at (940) 800-2500 to discuss your case with our team.

Why Aubrey TBI Victims Need a Local Denton County Attorney

Aubrey is a growing community in Denton County, and the roads around it, including FM 428, U.S. 377, and the expanding corridors near the Lake Ray Roberts area, see significant traffic. As the area grows, so does the risk of serious accidents. When a TBI happens close to home, having an attorney who knows the local courts, the local roads, and the local community makes a real difference.

Denton County cases are handled in courts located in Denton, Texas, just south of Aubrey. Knowing the local court procedures, the judges, and the typical jury makeup in Denton County gives an experienced local attorney an advantage that an out-of-area firm simply cannot replicate. Chandler Ross Injury Attorneys is based in Denton, Texas, and we serve clients throughout Denton County, including Aubrey, Pilot Point, Krugerville, and surrounding communities.

TBI cases are among the most demanding personal injury claims to handle. They require a deep understanding of brain injury medicine, long-term care planning, economic loss analysis, and courtroom strategy. They also require patience, because TBI recovery is often ongoing at the time a case is filed, and the full extent of the injury may not be known immediately.

We take TBI cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Our goal is to make sure every TBI victim in the Aubrey area has access to serious legal representation, regardless of their financial situation. If you or someone you love has suffered a traumatic brain injury caused by another person’s negligence, call Chandler Ross Injury Attorneys at (940) 800-2500 today. Every day matters when it comes to preserving evidence and protecting your rights.

FAQs About Aubrey Traumatic Brain Injury Attorney

How do I know if I have a valid TBI claim in Texas?

You have a valid TBI claim if your injury was caused by another person’s or entity’s negligence, and you suffered documented harm as a result. This means someone had a legal duty to act reasonably, they breached that duty, and their breach directly caused your traumatic brain injury. A car accident, a slip and fall on unsafe property, a workplace incident, or a drunk driving crash can all give rise to a valid claim. The best way to know for certain is to speak with an attorney. Chandler Ross Injury Attorneys offers free consultations at (940) 800-2500, and we can evaluate the facts of your situation without any cost or obligation to you.

What if my TBI symptoms did not appear right away after the accident?

This is more common than many people realize. TBI symptoms such as cognitive difficulties, mood changes, memory problems, and chronic headaches can take days or even weeks to fully develop. Texas courts recognize that some injuries are not immediately apparent, and in certain cases, the “discovery rule” may apply, which means the statute of limitations clock begins when you discovered or reasonably should have discovered the injury. However, this exception is applied narrowly by courts. You should contact an attorney as soon as you suspect your symptoms are related to an accident, even if time has passed.

Can I file a TBI claim if a drunk driver caused my injury near Aubrey?

Yes, and Texas law actually provides additional legal tools in drunk driving TBI cases. Under Texas Penal Code Section 49.07, causing a TBI that results in a persistent vegetative state while intoxicated is treated as a second-degree felony. On the civil side, you can pursue a personal injury claim for all of your damages, including medical costs, lost income, and pain and suffering. In cases involving especially reckless conduct, you may also be entitled to seek exemplary damages under Texas Civil Practice and Remedies Code Chapter 41. Chandler Ross Injury Attorneys handles drunk driving injury cases throughout Denton County.

How long does a TBI lawsuit take to resolve in Denton County?

The timeline varies depending on the severity of the injury, the complexity of the liability issues, and whether the case settles or goes to trial. Many TBI cases settle before trial, but serious cases involving significant long-term impairment often take longer to resolve because the full extent of the injury needs to be established before a fair settlement can be reached. It is generally not advisable to settle a TBI case before reaching maximum medical improvement, because settling too early may leave future medical costs uncompensated. Your attorney can give you a realistic timeline based on the specific facts of your case.

What should I do immediately after suffering a TBI in an accident near Aubrey?

Seek emergency medical attention first, even if your symptoms seem mild. A medical evaluation creates a documented record linking your injury to the accident. Follow all treatment recommendations and keep records of every medical appointment, prescription, and expense related to your injury. Preserve any evidence from the accident scene, including photos, witness contact information, and the police report. Do not give a recorded statement to an insurance company before speaking with an attorney. Then call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible. Early legal involvement helps preserve evidence and puts you in the strongest possible position for your claim.

Content prepared by Chandler Ross Injury Attorneys, located in Denton, Texas. The attorneys at Chandler Ross Injury Attorneys are licensed to practice law in Texas. Past results in individual cases do not guarantee or predict similar outcomes in future cases, as each case involves different facts, circumstances, and applicable law. This content is for general informational purposes only and does not constitute legal advice.

More Resources for Aubrey, TX