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A traumatic brain injury (TBI) can change every part of a person’s life in an instant. Memory loss, personality changes, chronic headaches, and the inability to work are just some of the realities TBI survivors face every single day. If someone else’s negligence caused your TBI, whether in a car crash on I-35 near Denton, a construction accident, a fall at a business, or a drunk driving collision, you have the right to pursue compensation. Chandler Ross Injury Attorneys serves the Dallas-Fort Worth area, including Denton, and is ready to fight for you. Call us today at (940) 800-2500 for a free consultation.
Table of Contents
- What a Traumatic Brain Injury Actually Means for Your Life and Your Claim
- Texas Law Governs How TBI Claims Are Filed and What You Can Recover
- Proving a TBI Claim in Texas Requires More Than Medical Records
- What Compensation Can a Dallas TBI Victim Recover in Texas?
- Why Denton-Area TBI Victims Choose Chandler Ross Injury Attorneys
- FAQs About Dallas Traumatic Brain Injury Lawyers
What a Traumatic Brain Injury Actually Means for Your Life and Your Claim
A traumatic brain injury is an injury that affects how the brain works, and it is a major cause of death and disability in the United States. TBIs range from mild concussions to severe injuries that leave victims permanently disabled or in a vegetative state. The severity of the injury directly affects the value of your legal claim.
Doctors classify TBIs as mild, moderate, or severe. A mild TBI, like a concussion, can still cause weeks or months of cognitive problems, lost work time, and emotional distress. A severe TBI can mean a lifetime of around-the-clock care, lost income, and permanent personality changes. Both categories carry real legal weight in a personal injury case.
Every day, approximately 586 people in the US are hospitalized and 190 people die as the result of a TBI. These are not rare events. They happen in ordinary places, on familiar roads, and in accidents that were completely preventable.
Common causes of a TBI include sports or recreational activities, assaults, falls, and motor vehicle collisions. In Denton County, motor vehicle crashes on US-380, Loop 288, and the I-35 corridor account for a significant share of serious head injury cases. Slip and fall incidents on commercial properties, premises liability situations, and construction accidents also contribute to TBI claims in the region.
The impact on your daily life matters to your case. A TBI that prevents you from returning to your job at the University of North Texas or managing your small business near the Denton Square is a compensable loss. Medical bills, lost wages, rehabilitation costs, and pain and suffering are all categories of damages you can pursue. Working with experienced personal injury lawyers gives you the best chance of recovering the full value of those losses.
Texas Law Governs How TBI Claims Are Filed and What You Can Recover
Texas personal injury law sets the rules for who can recover damages, how much they can recover, and when they must act. Understanding these rules is not optional. Missing a deadline or misunderstanding a legal standard can end your case before it even begins.
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 TBI victims, that clock starts on the day of the accident. Two years sounds like a long time, but building a strong brain injury case takes months of medical documentation, expert review, and investigation.
Texas also follows a modified comparative fault rule. Under the 51% rule in the Texas Civil Practice and Remedies Code, you can still recover damages even if you were partially at fault, as long as your share of fault is less than 51%. Your total compensation is reduced by your percentage of fault. So if a jury finds you 20% responsible for a crash on I-35E near the Denton County Courthouse, your award is reduced by 20%.
There are important exceptions to the two-year deadline. 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 is especially relevant for severe TBI victims who may lack legal capacity after their injury.
If a government vehicle or a road defect near a public facility contributed to your TBI, different rules apply. Under the Texas Tort Claims Act, you often have just 180 days from the accident date to provide a written notice of your claim. Missing that window can permanently bar your case. Chandler Ross Injury Attorneys can identify which deadlines apply to your specific situation and make sure nothing is missed. Call (940) 800-2500 today.
Proving a TBI Claim in Texas Requires More Than Medical Records
Proving a traumatic brain injury case in Texas requires evidence that goes well beyond a hospital discharge summary. Insurance companies aggressively dispute TBI claims, especially when the injury is not visible on standard imaging like a CT scan or MRI. You need a legal strategy built on strong medical evidence, expert testimony, and a clear picture of how the injury changed your life.
Texas courts apply the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) for evaluating expert witness testimony. Under this standard, a judge acts as a gatekeeper to ensure that expert opinions are based on sufficient facts, reliable methodology, and valid scientific reasoning. In a TBI case, this means your neurologist, neuropsychologist, or life care planner must be prepared to defend their methods and conclusions in court.
Neuropsychological testing is often the most powerful tool in a TBI case. These tests measure memory, processing speed, attention, and executive function. They create an objective record of cognitive deficits that a jury can understand. When combined with testimony from a treating physician and a life care planner who documents future medical needs, you build a compelling case for full compensation.
Accident reconstruction experts also play a key role when the TBI resulted from a car crash, a pedestrian accident, or a construction site incident. The Texas Department of Transportation (TxDOT) maintains crash records through its CRIS (Crash Records Information System) database. A CR-3 crash report filed by law enforcement at the scene is one of the first pieces of evidence your attorney will secure. That report documents fault, road conditions, vehicle speeds, and witness information, all critical to your case.
Chandler Ross Injury Attorneys understands how to assemble this type of evidence and how to present it effectively. Past results in any case depend on the specific facts and law involved, and no outcome is guaranteed, but our team works hard to build the strongest possible case for every client we represent.
What Compensation Can a Dallas TBI Victim Recover in Texas?
Texas law allows TBI victims to recover two broad categories of damages: economic and non-economic. Economic damages cover losses with a clear dollar value. Non-economic damages cover losses that are real but harder to quantify.
Economic damages in a TBI case typically include past and future medical expenses, rehabilitation and therapy costs, lost wages, and reduced earning capacity. A severe TBI can require years of inpatient rehabilitation, home health aides, adaptive equipment, and ongoing specialist care. A qualified life care planner can project these costs over a lifetime, which often results in substantial damage figures.
Non-economic damages include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium for a spouse or family member. Texas does not cap non-economic damages in most personal injury cases, which means there is no artificial ceiling on what a jury can award for the human toll of a brain injury.
Punitive damages, called exemplary damages under Texas Civil Practice and Remedies Code Section 41.003, are available when the defendant acted with fraud, malice, or gross negligence. A drunk driving crash that causes a TBI is a common scenario where exemplary damages may apply. Cases involving a drunk driving accident often involve conduct that meets this standard, and pursuing exemplary damages sends a clear message that such behavior carries serious consequences.
If a TBI victim dies from their injuries, surviving family members may pursue a wrongful death claim under Texas Civil Practice and Remedies Code Section 71.002. A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death, and the cause of action accrues on the death of the injured person. Families in Denton, Flower Mound, Lewisville, and across Denton County have rights, and Chandler Ross Injury Attorneys can help them understand those rights. Call (940) 800-2500.
Why Denton-Area TBI Victims Choose Chandler Ross Injury Attorneys
Chandler Ross Injury Attorneys serves clients throughout the Dallas-Fort Worth Metroplex, including Denton, Corinth, Highland Village, Argyle, and surrounding communities. We understand the local roads, the local courts, and the insurance companies that operate in this region. That knowledge matters when your case ends up in Denton County District Court or a Dallas County courtroom.
Denton is a growing city with heavy traffic on major corridors like US-380, FM 2499, and the I-35 split near the Denton Civic Center. The University of North Texas and Texas Woman’s University bring tens of thousands of students and residents to the area. More people on the road means more accidents, and more accidents mean more TBI cases that deserve serious legal attention.
We handle TBI cases on a contingency fee basis. You pay nothing unless we recover compensation for you. That means you can focus entirely on your medical recovery while we focus on your legal case. We also handle cases that connect to related injury types, including catastrophic injuries, construction accidents, premises liability incidents, and wrongful death claims, so your entire situation can be addressed under one roof.
We take a thorough approach to every TBI case. We gather medical records, secure expert witnesses, obtain TxDOT crash data, review surveillance footage, and interview witnesses. We communicate clearly and regularly with our clients throughout the process, because you deserve to know exactly where your case stands at every stage.
If you or someone you love suffered a TBI in an accident caused by someone else’s negligence, do not wait. Evidence disappears, witnesses forget details, and the two-year deadline under Texas Civil Practice and Remedies Code Section 16.003 is firm. Contact Chandler Ross Injury Attorneys today at (940) 800-2500 for a free, no-obligation consultation. The attorneys responsible for this content are licensed to practice law in Texas, with the principal office located in Denton, Texas.
FAQs About Dallas Traumatic Brain Injury Lawyers
How long do I have to file a TBI lawsuit 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 the TBI victim dies from their injuries, the two-year clock starts on the date of death, not the date of the accident. Certain exceptions apply, such as when the injured person is mentally incapacitated or a minor, but these exceptions are narrow and must be proven. Acting quickly protects your rights and preserves critical evidence.
What if my TBI symptoms did not show up right away?
TBI symptoms sometimes appear days or even weeks after an accident. Texas recognizes a “discovery rule” in limited circumstances, which can delay the start of the limitations period until the injury was discovered or reasonably should have been discovered. However, courts apply this rule narrowly, and it does not apply to most accident cases. The safest approach is to see a doctor immediately after any head injury and contact an attorney as soon as possible, even if you feel fine at first.
Can I still recover damages if I was partially at fault for the accident?
Yes, in many cases. Texas follows a modified comparative fault rule. As long as your share of fault is less than 51%, you can still recover compensation. Your total award is reduced by your percentage of fault. For example, if a jury finds you 25% at fault and awards $500,000 in damages, you would receive $375,000. Insurance companies often try to inflate a victim’s share of fault to reduce or eliminate payouts, which is exactly why having an attorney on your side matters.
What types of accidents most commonly cause TBIs in the Denton area?
Motor vehicle crashes are the leading cause of TBIs in Denton County, particularly on high-traffic corridors like I-35, US-380, and Loop 288. Falls on commercial or residential properties, construction site accidents, pedestrian accidents, and bicycle accidents are also common causes. Any incident involving a blow, jolt, or penetrating injury to the head can result in a TBI, regardless of whether the impact seemed severe at the time. If you were in any type of accident and experienced head trauma, get medical attention immediately.
What 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. That means you pay no attorney fees unless we recover compensation for you. There are no upfront costs and no hourly charges. This arrangement allows injured victims and their families to access quality legal representation regardless of their financial situation. To discuss your case and learn what options are available to you, call us at (940) 800-2500 for a free consultation. Past results in any case depend on the specific facts and applicable law, and no particular outcome is guaranteed.
