Colleyville 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 can change every part of a person’s life in an instant. Victims in Colleyville and the surrounding DFW area often face months of medical treatment, lost income, and long-term cognitive challenges, all while insurance companies work hard to minimize what they pay. If someone else’s negligence caused your TBI, you have legal rights under Texas law, and the team at Chandler Ross Injury Attorneys is here to help you protect them. Our firm serves clients throughout Colleyville, Denton, and the surrounding North Texas communities from our office in Denton. To speak with our team, call us at (940) 800-2500.

Table of Contents

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

A traumatic brain injury, commonly called a TBI, is an injury to the brain caused by an external physical force. Texas law defines it as an acquired injury resulting from that external force that produces total or partial functional disability or psychosocial impairment. That definition matters because it separates TBI from strokes or other internal medical events, and it shapes how a personal injury claim is built.

TBIs range from mild concussions to severe injuries that leave victims in a persistent vegetative state. A mild TBI can still cause months of headaches, memory problems, mood swings, and difficulty concentrating. A severe TBI can end a person’s ability to work, drive, or care for themselves permanently.

What makes TBI especially dangerous is that symptoms are not always obvious right away. The brain compensates for damage, so cognitive and emotional changes can appear days or even weeks after the accident. Someone who walked away from a crash on State Highway 26 in Colleyville feeling “okay” may not realize the extent of their injury until later, which is why prompt medical evaluation is always critical.

Texas alone sees an estimated 144,000 individuals sustain a TBI every year, and over 479,000 Texans live with disabilities caused by TBI. These are not abstract numbers. They represent families in communities like Colleyville, Grapevine, and Southlake whose lives were permanently altered by a single event. When that event was caused by someone else’s careless or reckless conduct, the law gives injured people the right to seek compensation.

The injury spectrum includes closed head injuries, where the skull remains intact but the brain is damaged, and open head injuries involving skull fractures. Coup-contrecoup injuries, where the brain bounces inside the skull and sustains damage on both sides, are especially common in vehicle crashes. Any of these injury types can form the basis of a serious personal injury claim in Texas.

Common Causes of TBI in Colleyville and the Surrounding Area

Motor vehicle accidents are one of the leading causes of traumatic brain injury in Texas. Colleyville sits at the intersection of several busy travel corridors, including State Highway 26, Precinct Line Road, and the proximity to State Highway 121, where high-speed collisions are a regular occurrence. A crash at those speeds can send a person’s head into a steering wheel, window, or headrest with enough force to cause serious brain trauma, even when a seat belt is worn.

Truck accidents are another major source of TBI claims in this area. When a commercial vehicle or 18-wheeler collides with a passenger car, the size and weight difference alone creates a catastrophic force imbalance. Victims of those crashes frequently suffer the kind of severe head trauma that results in long-term disability.

Slip and fall accidents on someone else’s property are also a significant cause of TBI. A wet floor at a Colleyville shopping center, an uneven sidewalk near the Colleyville Town Center, or a poorly maintained parking lot can send a person headfirst into a hard surface. Texas premises liability law holds property owners responsible when their negligence creates dangerous conditions that injure visitors.

Workplace accidents, pedestrian accidents, and bicycle accidents round out the most common causes seen in TBI claims throughout the DFW area. Falls account for almost 50 percent of all TBI-related hospitalizations in Texas. Whether the fall happened at a job site, a neighbor’s home, or a public park like Colleyville Nature Center, the legal principles governing liability are the same: if someone else’s negligence caused the fall, they can be held accountable.

Drunk driving accidents are another source of TBI that carries additional legal weight. Under Texas Penal Code Section 49.07, intoxication assault becomes a felony of the second degree when the defendant causes serious bodily injury in the nature of a traumatic brain injury that results in a persistent vegetative state. That criminal classification does not prevent a victim from also pursuing a separate civil claim for damages.

Texas Laws That Govern Traumatic Brain Injury Claims

Texas personal injury law gives TBI victims a clear path to compensation, but several specific statutes shape how those claims work. Understanding them before you file is not optional. Missing a deadline or misunderstanding a rule can permanently bar your claim.

Under Texas Civil Practice and Remedies Code Section 16.003(a), personal injury claims must be filed within the applicable limitations period. Most personal injury actions, including those involving traumatic brain injury, must be initiated within two years from the date the cause of action accrues, which is typically the date of the injury. Miss that window, and a court will almost certainly dismiss your case.

There are important exceptions to that two-year 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, under Texas Civil Practice and Remedies Code Section 16.001(a)(2). If the injured person is a minor under 18 years old when the cause of action accrues, the statute of limitations is tolled until they reach the age of 18, under Texas Civil Practice and Remedies Code Section 16.001(a)(1). These exceptions matter greatly in TBI cases, where the victim may lack legal capacity due to the severity of the injury itself.

Texas also uses a proportionate responsibility system under Civil Practice and Remedies Code Chapter 33. Under that system, a jury assigns a percentage of fault to each party involved. Under the 51% bar rule in CPRC Section 33.001, a claimant who is found to be 51% or more responsible for their own injury cannot recover any damages. If a claimant is found to be 50% or less at fault, their damages are reduced by their percentage of responsibility. Insurance adjusters routinely try to push fault onto the victim to reduce or eliminate their payout, which is one reason having legal representation matters so much in these cases.

For TBI claims involving medical malpractice, a separate two-year limitations period applies under Texas Civil Practice and Remedies Code Section 74.251, capped at a three-year outer limit. Non-economic damage caps under Chapter 74 also apply to healthcare liability claims. These cases require a different legal strategy than standard negligence claims, and they must be handled carefully from the start.

What Compensation Can You Recover After a TBI in Texas?

Texas law allows TBI victims to pursue both economic and non-economic damages from the party responsible for their injury. Economic damages are the measurable financial losses tied directly to the injury. Non-economic damages cover the personal harm that does not come with a receipt but is just as real.

Economic damages in a TBI case typically include past and future medical expenses, rehabilitation and therapy costs, lost wages, and loss of future earning capacity. A severe TBI can require years of inpatient rehabilitation, home health care, and ongoing neurological treatment. The lifetime cost of care for a serious TBI can reach into the millions, and your claim should reflect the full scope of those projected expenses, not just the bills you have already received.

Non-economic damages include physical pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium for a spouse or family member. These damages are real and compensable under Texas law, and they often represent the largest portion of a TBI settlement or verdict. Texas does not cap non-economic damages in standard personal injury cases, though caps do apply in medical malpractice claims under Chapter 74.

In cases involving gross negligence or intentional misconduct, Texas law also allows for exemplary (punitive) damages under Civil Practice and Remedies Code Chapter 41. A drunk driver who causes a TBI, for example, may be subject to punitive damages in addition to compensatory ones. Texas Penal Code Chapter 49 treats intoxication assault causing TBI as a serious felony, and that same reckless conduct supports a strong argument for punitive damages in the civil case.

Structured settlement options are also available under Civil Practice and Remedies Code Chapter 139, which governs personal injury to certain persons and allows for structured payment arrangements in appropriate cases. An attorney can help you evaluate whether a lump-sum settlement or a structured arrangement better serves your long-term financial needs, especially when future care costs are uncertain.

If your loved one died as a result of a TBI caused by someone else’s negligence, a wrongful death claim under Texas Civil Practice and Remedies Code Section 16.003(b) allows eligible family members to seek compensation. The two-year clock in wrongful death cases runs from the date of death, not the date of the accident.

Why You Need a Colleyville TBI Attorney at Chandler Ross Injury Attorneys

TBI cases are among the most medically and legally complex personal injury claims in Texas. They require expert testimony from neurologists and life care planners, detailed documentation of cognitive and behavioral changes, and a legal strategy that accounts for the long-term nature of the injury. Insurance companies know this, and they assign experienced adjusters to these cases specifically to limit their exposure.

Chandler Ross Injury Attorneys handles serious injury claims for clients in Colleyville, Denton, and throughout North Texas. Our firm is based in Denton, just a short drive from Colleyville via I-35W and State Highway 121. We know the local courts, including the Tarrant County courts that handle many Colleyville cases, and we understand the practical realities that TBI victims and their families face in this region.

When you work with us, we investigate the cause of your injury, gather evidence, work with medical and financial experts, and build a claim that reflects the true cost of what you have been through. We take TBI cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. That arrangement lets you focus on recovery while we focus on your case.

Our clients come to us from across the DFW area, including from communities near Colleyville Nature Center, the Colleyville Heritage High School area, and the neighborhoods along Glade Road and John McCain Road. No matter where in the region your injury occurred, if it happened because of someone else’s negligence, the personal injury lawyers at Chandler Ross Injury Attorneys want to hear your story.

Call us today at (940) 800-2500 for a free consultation. There is no obligation, and speaking with us costs you nothing. The sooner you call, the sooner we can start protecting your rights and preserving the evidence your case depends on.

FAQs About Colleyville Traumatic Brain Injury Claims

How long do I have to file a TBI claim in Texas?

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 your injury was not immediately apparent, the discovery rule may extend that deadline. Missing the filing deadline almost always results in the court dismissing your case and you losing your right to compensation. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible to protect your claim.

Can I still recover damages if I was partly at fault for the accident?

Yes, in most cases. Under Texas Civil Practice and Remedies Code Chapter 33, the proportionate responsibility system allows you to recover damages as long as you are found to be 50% or less at fault. Your total compensation is reduced by your percentage of fault. If a jury finds you 51% or more responsible, you cannot recover. Insurance companies often try to inflate the victim’s share of fault, which is why legal representation matters from the start.

What if my TBI symptoms did not appear until days or weeks after the accident?

This is very common with traumatic brain injuries. The brain can compensate for damage initially, causing symptoms like memory loss, mood changes, and cognitive problems to surface later. Texas recognizes the discovery rule, which can shift the start of the limitations period to when the injury was or reasonably should have been discovered. You should seek medical evaluation immediately after any accident involving a blow or jolt to the head, even if you feel fine, and document all symptoms as they develop.

What types of accidents most commonly cause TBI claims in the Colleyville area?

Motor vehicle accidents are the leading cause of TBI claims in the Colleyville area, given the heavy traffic on State Highway 26, Precinct Line Road, and nearby State Highway 121. Slip and fall accidents on commercial or private property, truck accidents, workplace injuries, pedestrian accidents, and drunk driving crashes are also frequent sources of TBI claims in this region. Each type of accident involves different legal theories of liability and different insurance coverage structures, which is why the specific facts of your case matter.

Does Chandler Ross Injury Attorneys charge upfront fees for TBI cases?

No. Chandler Ross Injury Attorneys handles TBI cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you. That means you can get experienced legal representation without any out-of-pocket cost to start your case. To schedule your free consultation, call our Denton office at (940) 800-2500. We serve clients throughout Colleyville, Denton, and the broader North Texas region. Past results in other cases do not guarantee a similar outcome in your case, as each matter depends on its own facts and applicable law.

More Resources for Colleyville, TX