Traumatic Brain Injury Lawyer After a Car Accident

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A traumatic brain injury (TBI) changes everything. One moment you are driving down I-35 near the University of North Texas campus, and the next you are in the emergency room at Texas Health Presbyterian Hospital Denton with doctors talking about brain bleeds, skull fractures, or a concussion that may not resolve for months. TBI is one of the most serious, life-altering injuries a car accident can cause, and the road to recovery is long, expensive, and uncertain. If someone else’s negligence caused your injury, you have legal rights under Texas law. At Chandler Ross Injury Attorneys in Denton, we work with injured people and their families throughout Denton County who are trying to put their lives back together after a crash. Call us at (940) 800-2500 for a free consultation. Results in any case depend on the specific facts and applicable law.

Table of Contents

What Is a Traumatic Brain Injury and Why Are Car Accidents a Leading Cause?

A traumatic brain injury is damage to the brain caused by an external force, such as a bump, blow, or jolt to the head. A TBI affects how the brain works. Car accidents are one of the most common causes. People most commonly get TBIs from a fall, firearm-related injury, motor vehicle crash, or an assault. The forces involved in a crash, whether it is a rear-end collision on US-380 near the Golden Triangle Mall or a head-on impact on Highway 377 outside of Denton, can cause the brain to slam against the inside of the skull with tremendous force.

TBIs range widely in severity. A mild TBI, often called a concussion, can cause headaches, confusion, memory problems, and sensitivity to light. A moderate or severe TBI can result in permanent cognitive damage, loss of motor function, personality changes, seizures, or a persistent vegetative state. Even a minor brain injury such as a concussion can lead to serious short-term problems with functioning, and more serious brain injuries can lead to long-term disability or even death.

The scale of TBI in the United States is staggering. There were over 69,000 TBI-related deaths in the United States in 2021, which amounts to about 190 TBI-related deaths every day. According to the Brain Injury Association of America, someone in the US sustains a brain injury every 9 seconds. Many of those injuries happen in car accidents, and many of those accident victims are right here in Denton County, traveling roads like Loop 288, FM 2449, or Interstate 35E.

One of the most dangerous aspects of a TBI is that symptoms do not always appear right away. You might feel fine at the scene of the accident and only notice problems days later. That delay makes it critical to seek medical evaluation immediately after any crash where your head was struck or violently jolted, even if you feel okay. Getting that medical documentation also protects your legal claim.

Texas Law and Your Right to Compensation After a TBI

Texas law gives injured car accident victims the right to pursue compensation from the at-fault driver. To win a personal injury claim, you must show that the other driver was negligent, that their negligence caused the crash, and that the crash caused your TBI. This sounds straightforward, but insurance companies fight hard to deny or minimize TBI claims because the damages involved are often very large.

Texas follows a proportionate responsibility system under Chapter 33 of the Texas Civil Practice and Remedies Code. Under CPRC Section 33.001, you can recover damages as long as your percentage of responsibility for the accident is 50 percent or less. If a jury finds you 51 percent or more responsible, you recover nothing. If you are found partially at fault but still below that threshold, your compensation is reduced by your percentage of fault. Insurance adjusters know this rule and often try to shift blame onto injured victims to reduce or eliminate payouts.

The types of compensation available in a TBI case are significant. You can pursue economic damages like past and future medical bills, lost wages, and long-term care costs. You can also pursue non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving drunk drivers, Texas law may support additional claims. Under Texas Penal Code Section 49.07, causing a TBI that results in a persistent vegetative state elevates the offense to a second-degree felony, which reflects just how seriously Texas treats these injuries.

If you are working with our personal injury lawyers at Chandler Ross Injury Attorneys, we will evaluate every avenue of recovery available under Texas law based on the specific facts of your case. No two TBI claims are alike, and past results in other cases do not guarantee a specific outcome in yours.

Why TBI Claims Are Different From Other Car Accident Injury Cases

Brain injuries are unlike broken bones or soft tissue injuries in one critical way: they are largely invisible. An X-ray can show a fracture. A TBI often requires an MRI, CT scan, neuropsychological testing, and months of follow-up care before the full picture becomes clear. Insurance companies exploit this. They argue that your symptoms are exaggerated, pre-existing, or unrelated to the crash. This is why building a strong, well-documented TBI claim takes a different approach than a typical car accident case.

TBI cases often require expert witnesses. A neurologist can testify about the nature and extent of your brain injury. A neuropsychologist can document cognitive deficits through testing. A life care planner can project the cost of your future medical needs. An economist can calculate your lost earning capacity if the injury prevents you from returning to your prior occupation. These experts cost money, and assembling the right team matters enormously.

The TxDOT CR-3 crash report is one of the first pieces of evidence we gather after a TBI accident. Under Texas Transportation Code Section 550.065, any person directly involved in an accident has the right to obtain the official crash report from TxDOT. That report documents the scene, the involved vehicles, witness information, and the investigating officer’s initial findings. It is a foundation for building your case, but it is just the beginning of the evidence we collect.

We also gather surveillance footage from nearby businesses, traffic cameras along roads like Bell Avenue or Fort Worth Drive, black box data from the vehicles involved, cell phone records where distracted driving is suspected, and medical records from your treating providers at facilities like Medical City Denton. A thorough car accident attorney approach to evidence gathering is what separates strong TBI claims from weak ones.

The Texas Statute of Limitations and Why You Cannot Wait

Time is one of the most important factors in any TBI case. 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. For most car accident victims, that clock starts on the date of the crash. Miss that deadline and Texas courts will almost certainly dismiss your case, regardless of how severe your injuries are or how clearly the other driver was at fault.

Two years sounds like a long time, but TBI cases consume it quickly. You spend the first weeks and months focused on medical care, not legal action. Cognitive symptoms from a TBI can make it hard to organize your thoughts, gather documents, or even remember what happened. By the time you feel well enough to think about your legal options, months may have already passed.

There are limited exceptions to the two-year rule. If the injured person is a minor, the statute is tolled until they turn 18. If a TBI victim is so mentally incapacitated by the injury that they cannot manage their own affairs, the clock may be paused during that period. But these exceptions are narrow and fact-specific. You should never count on an exception applying to your situation without getting legal advice first.

Acting early also protects your evidence. Surveillance footage from businesses near the crash site on University Drive or Hickory Creek Road gets overwritten. Witnesses forget details. Vehicle data can be lost. The sooner a car accident lawyer begins investigating your case, the better your chances of preserving the evidence that proves your claim. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your accident.

How Chandler Ross Injury Attorneys Handles TBI Cases in Denton

Chandler Ross Injury Attorneys is based in Denton and serves clients throughout Denton County, including communities near TWU, the Denton Civic Center, and neighborhoods along Teasley Lane and McKinney Street. We handle TBI cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There are no upfront costs to get started.

When you contact us, we begin with a free consultation to hear what happened and evaluate your situation. If we take your case, we handle every aspect of it. We gather the police report, medical records, and evidence from the crash scene. We work with medical experts to document your injury and its long-term impact. We handle all communication with the insurance company so you are not pressured into giving a recorded statement or accepting a low settlement offer before you know the true value of your claim.

Insurance adjusters are not on your side. Their job is to settle your claim for as little as possible. TBI claims, in particular, can involve enormous future costs for rehabilitation, cognitive therapy, home care, and lost income over a lifetime. Accepting a quick settlement before those costs are fully understood can leave you paying out of pocket for years. We make sure you understand the full picture before any decision is made. Under Texas Civil Practice and Remedies Code Chapter 139, structured settlement offers in cases involving substantial disability must be presented to you in writing and explained by your attorney so you can make an informed decision.

Whether your crash happened near the Denton County Courthouse on West Hickory Street, on I-35E heading south toward Lewisville, or anywhere else in the area, our team is ready to help. We also serve clients in surrounding communities. If you were hurt in a neighboring area, a car accident attorney familiar with North Texas courts and insurance practices can make a real difference in your outcome. We also assist clients who need a car accident lawyer in Keller or those seeking a car accident attorney in Justin. No matter where in the region your crash occurred, Chandler Ross Injury Attorneys is here to fight for the compensation you deserve.

FAQs About Traumatic Brain Injury Claims After a Car Accident in Denton, Texas

How do I know if I have a TBI after a car accident?

Common signs include headaches, dizziness, confusion, memory problems, mood changes, difficulty concentrating, sensitivity to light or noise, and sleep disruption. Some symptoms appear immediately, while others develop over days or weeks. Any time your head was struck or violently jolted in a crash, you should see a doctor right away. A CT scan or MRI can identify bleeding or structural damage, and a neuropsychological evaluation can document cognitive effects. Do not assume you are fine just because you were not knocked unconscious. Many TBIs occur without a loss of consciousness.

Can I still recover compensation if the other driver’s insurance company says my TBI is a pre-existing condition?

Yes, in many cases you can. Texas law recognizes the “eggshell plaintiff” rule, which holds that a negligent driver takes the victim as they find them. If you had a prior head injury or neurological condition and the crash made it significantly worse, you may still recover for the aggravation of that condition. The key is medical documentation that shows the difference in your condition before and after the crash. An attorney can work with your treating physicians and medical experts to establish that the accident worsened your condition, even if it did not cause it from scratch.

How long does a TBI car accident case take to resolve in Texas?

TBI cases typically take longer than standard car accident claims. The timeline depends on the severity of your injury, how long it takes to reach maximum medical improvement, and whether the case settles or goes to trial. Many TBI cases settle within one to two years of the accident, but complex cases involving severe, permanent injuries can take longer. Rushing to settle before your medical situation is stable is almost always a mistake. Once you accept a settlement and sign a release, you generally cannot go back and ask for more money, even if your condition worsens.

What if the driver who caused my TBI was drunk?

A drunk driving crash strengthens your civil claim significantly. Under Texas Penal Code Section 49.07, causing a TBI that results in a persistent vegetative state is a second-degree felony. A criminal conviction for DWI or intoxication assault can support your civil case, and you may be entitled to pursue exemplary (punitive) damages in addition to your compensatory damages. Texas law allows punitive damages in cases involving gross negligence or malicious conduct, and drunk driving often qualifies. Your attorney can advise you on whether punitive damages are available based on the specific facts of your situation.

What does it cost to hire a TBI lawyer at Chandler Ross Injury Attorneys?

We handle TBI cases on a contingency fee basis. That means you pay no attorney fees unless we recover money for you. There are no upfront costs and no hourly billing. When you call us at (940) 800-2500, your initial consultation is free. We will listen to what happened, answer your questions, and give you an honest assessment of your situation. If we take your case, we advance the costs of investigation, expert witnesses, and litigation, and those costs are only repaid from any recovery we obtain on your behalf. This arrangement lets injured people access quality legal representation without worrying about paying out of pocket while they are recovering.

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