Bridgeport Traumatic Brain Injury Attorney

SERIOUS ATTORNEYS FOR SERIOUS INJURIES

A traumatic brain injury, or TBI, is one of the most serious and life-altering injuries a person can suffer. A traumatic brain injury is an injury that affects how the brain works, and TBI is a major cause of death and disability in the United States. For families in Bridgeport and the greater Wise County area, a TBI caused by someone else’s negligence can mean months or years of medical treatment, lost income, and a quality of life that looks nothing like it did before. Whether the injury happened on U.S. Highway 380, at a worksite near Bridgeport’s industrial corridor, or on a rural road outside of town, the path to recovery is hard enough without also fighting an insurance company alone. Chandler Ross Injury Attorneys, based in Denton, Texas, works with injury victims across North Texas, including Bridgeport, and we want to help you understand your rights. This page was prepared under the supervision of the attorneys at Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas.

Table of Contents

What Is a Traumatic Brain Injury and Why Is It So Serious?

A traumatic brain injury occurs when a sudden blow, jolt, or penetrating force disrupts normal brain function. The CDC defines TBI as a disruption in the normal function of the brain caused by a bump, blow, or jolt to the head, or a penetrating head injury. The injury can range from a mild concussion to a severe, permanently disabling brain injury. The word “mild” is misleading, though. Even a so-called mild TBI can cause lasting problems with memory, concentration, and daily functioning.

There were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021, which represents more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day. Those numbers tell a clear story: TBI is not a rare event. It happens every single day, to people of all ages, in communities just like Bridgeport.

CDC data shows that the most common causes of moderate and severe traumatic brain injuries are falls, motor vehicle crashes, assaults, and firearm-related suicide. In Bridgeport, car accidents on State Highway 114 and truck accidents near the oilfield service routes are among the most common causes we see. Construction accidents, workplace incidents, and premises liability situations also produce serious TBIs in this region.

The long-term consequences of a serious TBI can include cognitive decline, personality changes, seizure disorders, and the inability to return to work. Families often become full-time caregivers overnight. The financial burden grows fast, and it rarely stops growing. If someone else’s negligence caused this injury, Texas law gives you the right to seek compensation. The personal injury lawyers at Chandler Ross Injury Attorneys are ready to help you pursue that right.

Common Causes of TBI Claims in the Bridgeport, Texas Area

Bridgeport sits at the crossroads of Wise County’s rural roads and a growing industrial economy, which creates real accident risks every day. Understanding where TBIs come from helps you recognize when someone else may be legally responsible for your injury.

Motor vehicle accidents are among the leading causes of TBI in Texas. High-speed collisions on U.S. Highway 380 or State Highway 114 can produce violent head impacts even when a seatbelt is worn. Truck accidents involving commercial vehicles traveling to and from Bridgeport’s oilfield and construction zones are especially dangerous because of the size and weight difference between a large truck and a passenger car.

Drunk driving accidents are another major source of TBI claims in this area. Under Texas Penal Code Section 49.07, intoxication assault is a felony when a person causes serious bodily injury to another while operating a vehicle while intoxicated. The statute goes further: under Section 49.07(b-4), an offense becomes a felony of the second degree when the person caused serious bodily injury in the nature of a traumatic brain injury that results in a persistent vegetative state. This means Texas law explicitly recognizes TBI as a category of catastrophic harm in the criminal code, which also supports the severity of a civil injury claim.

Falls on unsafe property, construction site accidents, and workplace injuries near Bridgeport’s oil rig and drilling operations also produce TBIs regularly. When a property owner fails to maintain safe conditions near, for example, the Bridgeport Marina area or a commercial building off U.S. 380, and someone suffers a head injury as a result, that owner may face premises liability. Similarly, workers injured on a drilling or construction site may have claims beyond workers’ compensation depending on the circumstances of the accident.

Texas Law and Your TBI Claim: What You Need to Know

Texas law gives injured people the right to recover damages when another party’s negligence caused their injury. To win a TBI claim, you must prove four things: that the at-fault party owed you a duty of care, that they breached that duty, that the breach caused your injury, and that you suffered actual damages as a result. This is the foundation of every personal injury negligence claim in Texas.

The deadline to file a TBI lawsuit in Texas is set by Texas Civil Practice and Remedies Code Section 16.003(a). Under this statute, a person must bring suit for personal injury not later than two years after the day the cause of action accrues. Miss this deadline, and the court will almost certainly dismiss your case, no matter how strong the evidence is.

There are limited exceptions. 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 exception matters in TBI cases because a severe brain injury can leave a person legally incapacitated. If the injured person is a minor under 18 when the injury occurs, the statute of limitations is tolled until they reach the age of 18, as provided in Texas Civil Practice and Remedies Code Section 16.001(a)(1).

Texas also follows a modified comparative fault rule. Under Texas Civil Practice and Remedies Code Section 33.001, you can recover damages only if your share of fault is less than 51 percent. Your total compensation is reduced by your percentage of fault. Insurance companies use this rule aggressively to reduce payouts, which is one of many reasons having experienced legal representation matters so much in a TBI case.

Expert testimony is almost always required in serious TBI litigation. Under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), expert witnesses must meet specific reliability standards before their opinions are admitted in federal court. Texas state courts apply a similar framework under Texas Rule of Evidence 702. Neurologists, neuropsychologists, and life-care planners are among the experts who typically testify in TBI cases to establish the nature of the injury, its long-term effects, and the full cost of future care.

Damages You Can Recover in a Bridgeport TBI Case

The damages available in a Texas TBI case fall into two broad categories: economic damages and non-economic damages. Economic damages are the measurable financial losses caused by the injury. Non-economic damages compensate for losses that are real but harder to put a dollar figure on.

Economic damages in a TBI case typically include past and future medical expenses, rehabilitation costs, lost wages, and lost earning capacity. A severe TBI often requires a lifetime of ongoing care, including physical therapy, occupational therapy, speech therapy, and in some cases, around-the-clock personal care. The cost of this care can reach into the millions of dollars over a lifetime, and your claim should reflect that full amount, not just what you have spent so far.

Lost earning capacity is especially important in TBI cases. If your brain injury prevents you from returning to your previous job or limits the kind of work you can do, you deserve compensation for that lost future income. This is true even if you are currently employed in a lower-paying position after the injury.

Non-economic damages include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium for a spouse or family member. A TBI can rob a person of the ability to enjoy activities they once loved, whether that’s fishing at Lake Bridgeport, attending Bridgeport High School football games, or simply spending quality time with their children. Texas law allows you to seek compensation for these losses.

In cases involving gross negligence, such as a drunk driving accident or a company that knowingly ignored safety standards, Texas law also allows for exemplary damages, also known as punitive damages, under Texas Civil Practice and Remedies Code Section 41.003. These damages are intended to punish especially reckless conduct and deter others from similar behavior. Every case is different, and past results in other cases do not guarantee a specific outcome in your case.

How Chandler Ross Injury Attorneys Handles Bridgeport TBI Cases

Chandler Ross Injury Attorneys is based in Denton, Texas, and serves clients throughout North Texas, including Bridgeport and Wise County. Our firm handles serious personal injury cases, including traumatic brain injury claims, on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for you.

From the moment we take your case, we begin building a complete picture of what happened and what it cost you. We gather accident reports, medical records, witness statements, and surveillance footage. We work with qualified medical experts who can explain the nature of your TBI and what your future care will require. We also work with economists and life-care planners who can project the full financial impact of your injury over your lifetime.

Insurance companies do not make fair offers on their own. They have adjusters, lawyers, and medical consultants working to minimize what they pay. Our job is to push back with evidence, legal arguments, and, when necessary, a willingness to take your case to trial at the Wise County District Court in Decatur, which is the county seat just east of Bridgeport. We prepare every case as if it will go to trial, because that preparation is what produces the best results at the negotiating table.

We also understand that TBI cases take time. The full extent of a brain injury often does not become clear for weeks or months after the accident. Settling too early can leave you without compensation for future care you did not yet know you would need. We advise our clients to wait until they have reached maximum medical improvement, or at least until the full picture of their injury is understood, before accepting any settlement offer.

If you or a family member suffered a brain injury in Bridgeport or anywhere in North Texas, contact Chandler Ross Injury Attorneys today at (940) 800-2500. We offer free consultations, and we are ready to listen to what happened and explain your options. There is no obligation, and no cost to speak with us.

FAQs About Bridgeport Traumatic Brain Injury Attorney

How long do I have to file a TBI lawsuit in Texas after an accident in Bridgeport?

Under Texas Civil Practice and Remedies Code Section 16.003(a), you generally have two years from the date of your injury to file a personal injury lawsuit. If you miss this deadline, the court will almost certainly dismiss your case and you will lose your right to seek compensation. Limited exceptions exist for minors and people who are legally incapacitated at the time of the injury, but these exceptions are narrow. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible so we can protect your rights before the deadline passes.

What if I was partly at fault for the accident that caused my TBI?

Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. You can still recover damages as long as your share of fault is less than 51 percent. However, your total compensation will be reduced by your percentage of fault. For example, if you are found 20 percent at fault and your total damages are $500,000, your recovery would be reduced to $400,000. Insurance companies often try to inflate your percentage of fault to reduce what they owe, which is why having an attorney on your side matters.

What types of experts are typically used in a TBI lawsuit?

Serious TBI cases almost always require expert testimony. Neurologists and neuropsychologists typically testify about the nature and severity of the brain injury and its long-term effects on cognitive function. Life-care planners project the cost of future medical care and rehabilitation. Economists calculate lost earning capacity. Under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), and under Texas Rule of Evidence 702, expert opinions must meet reliability standards before they can be presented in court. Our firm works with qualified experts who meet these standards.

Can I file a TBI claim if the injury happened at a worksite in Bridgeport?

Possibly, yes. If your employer carries workers’ compensation insurance in Texas, your primary remedy may be through the workers’ compensation system under Texas Labor Code Chapter 408. However, if a third party, such as a contractor, equipment manufacturer, or property owner, contributed to the accident, you may be able to file a separate personal injury claim against that party outside of workers’ compensation. These third-party claims can allow you to recover damages that workers’ compensation does not cover, including pain and suffering and full lost earning capacity. Call us at (940) 800-2500 to discuss your specific situation.

How much does it cost to hire Chandler Ross Injury Attorneys for a TBI case?

Chandler Ross Injury Attorneys handles TBI cases on a contingency fee basis. This means you pay no attorney’s fees unless we recover compensation for you. There are no upfront costs and no hourly billing. We advance the costs of investigating and building your case, and those costs are repaid from any recovery at the end of the case. If we do not recover for you, you owe us nothing. This arrangement allows injury victims in Bridgeport and across North Texas to access legal representation regardless of their financial situation. Call (940) 800-2500 to schedule your free consultation.