Flower Mound Traumatic Brain Injury Attorney

A traumatic brain injury (TBI) can change everything in an instant. One moment you are driving down FM 2499 through Flower Mound, and the next, a negligent driver has changed your life permanently. TBIs are among the most serious and costly injuries a person can suffer, and the road to recovery is rarely short or simple. If someone else’s careless actions caused your injury, Texas law gives you the right to pursue fair compensation. At Chandler Ross Injury Attorneys, we work with TBI victims and their families throughout the Flower Mound area and across Denton County, fighting to hold negligent parties accountable.

Table of Contents

• What a Traumatic Brain Injury Actually Is and Why It Demands Serious Legal Action
• Common Causes of TBI in Flower Mound and How Negligence Creates Legal Liability
• Texas Law and Your Rights After a TBI: What the Statutes Actually Say
• What Compensation Can a Flower Mound TBI Victim Recover?
• Why Timing and Evidence Are Critical in Flower Mound TBI Cases
• FAQs About Flower Mound Traumatic Brain Injury Attorney

What a Traumatic Brain Injury Actually Is and Why It Demands Serious Legal Action

A traumatic brain injury occurs when a sudden bump, blow, or jolt to the head disrupts normal brain function. A TBI is an injury that affects how the brain works. That definition sounds simple, but the consequences are anything but. A TBI can range from a mild concussion to a severe injury that leaves a person in a persistent vegetative state.

People most commonly get TBIs from a fall, firearm-related injury, motor vehicle crash, or an assault. In the Flower Mound area, car accidents on busy corridors like Texas Highway 121 and Cross Timbers Road are a frequent cause. So are slip and fall incidents in commercial properties along Long Prairie Road, and premises liability situations at local shopping centers near Lakeside DFW.

There were approximately 214,110 TBI-related hospitalizations in 2020 and 68,663 TBI-related deaths in 2023, representing more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day. These numbers show just how widespread and deadly this type of injury is across the country.

TBI symptoms can include memory loss, personality changes, chronic headaches, seizures, speech problems, and the inability to work or care for oneself. Some symptoms appear immediately. Others emerge weeks or even months after the initial trauma. That delayed onset can complicate both medical treatment and your legal claim, which is exactly why you need an attorney who understands how these injuries develop and how to document them properly.

Texas law treats TBIs with the gravity they deserve. Under Texas Penal Code Section 49.07, causing a TBI that results in a persistent vegetative state through intoxicated driving is classified as a second-degree felony. That criminal classification reflects how seriously the state views this type of harm. On the civil side, a TBI claim can include damages for medical costs, lost income, pain and suffering, and long-term care needs. The personal injury lawyers at Chandler Ross Injury Attorneys understand how to build these cases from the ground up.

Common Causes of TBI in Flower Mound and How Negligence Creates Legal Liability

Negligence is the legal foundation of most TBI claims. In Texas, negligence means that someone owed you a duty of care, they breached that duty, and their breach directly caused your injury. That framework applies to a wide range of accidents that happen every day in and around Flower Mound.

Motor vehicle accidents are one of the most common causes. Whether it involves a commercial truck on Interstate 35W near Denton, a rideshare driver on FM 1171, or a drunk driver leaving a Flower Mound restaurant, the impact forces involved in these crashes are more than capable of causing serious brain trauma. Under Texas Penal Code Section 49.04, driving while intoxicated is a criminal offense, and that same conduct can form the basis of a civil negligence claim against the at-fault driver.

Slip and fall accidents are another frequent cause, especially in commercial settings. A wet floor at a grocery store near Flower Mound’s Lakeside district, a poorly maintained parking lot, or an unmarked hazard at a local business can all result in a victim striking their head hard enough to cause a TBI. These cases often involve premises liability claims, where the property owner’s failure to maintain a safe environment is the central issue.

Workplace accidents, daycare incidents, nursing home falls, and pedestrian accidents involving inattentive drivers can also lead to TBI. In each situation, the key question is the same: did someone else’s careless or reckless conduct cause the injury? If the answer is yes, you have the right to seek compensation under Texas law. The attorneys at Chandler Ross Injury Attorneys investigate each case thoroughly, gathering police reports, surveillance footage, medical records, and expert testimony to establish exactly what happened and who is responsible.

Texas Law and Your Rights After a TBI: What the Statutes Actually Say

Texas law provides a clear legal path for TBI victims to recover compensation, but that path has firm deadlines and specific rules you need to understand before you act.

The starting point is negligence law under the Texas Civil Practice and Remedies Code. To win a TBI claim, you must prove that the defendant owed you a duty, breached it, and that the breach caused your injury and damages. Texas also follows a modified comparative fault rule under Chapter 33 of the Civil Practice and Remedies Code. This means your compensation is reduced by your percentage of fault, and you cannot recover at all if you are found more than 50 percent responsible.

The filing deadline is one of the most critical rules in any TBI case. In Texas, actions involving personal injury have a two-year statute of limitations under Texas Civil Practice and Remedies Code Section 16.003(a). That two-year clock typically starts on the date of the accident or injury. Miss that deadline, and Texas courts will dismiss your case regardless of how strong the evidence is.

There are limited exceptions. In Texas, the statute of limitations for a minor does not begin until their 18th birthday, meaning that if a child is injured in an accident, they have until their 20th birthday to file a personal injury claim. If an injured person is deemed mentally incapacitated at the time of the accident or at any point during the statute of limitations period, Texas law allows for the tolling of the deadline until they regain legal capacity, and mental incapacitation can include severe brain injuries, cognitive disabilities, or coma resulting from the accident.

Texas Penal Code Section 49.07 also specifically recognizes TBI as a distinct category of serious bodily injury in the context of intoxication assault. A conviction under that statute can support your civil claim by establishing that the defendant’s conduct was wrongful. Chandler Ross Injury Attorneys knows how to connect the criminal and civil sides of these cases to strengthen your position at the negotiating table and in the courtroom.

What Compensation Can a Flower Mound TBI Victim Recover?

TBI victims in Texas can pursue two broad categories of damages: economic and non-economic. Understanding both is essential to knowing the full value of your claim.

Economic damages are the measurable financial losses caused by the injury. These include emergency room bills, hospital stays, surgeries, rehabilitation costs, prescription medications, and ongoing therapy. For serious TBIs, these costs can be staggering. A victim who requires long-term care, in-home assistance, or specialized medical equipment faces expenses that can stretch for decades. Lost wages matter too. If a TBI prevents you from returning to work, either temporarily or permanently, you can claim those lost earnings and the loss of future earning capacity.

Non-economic damages cover the human cost of the injury. Pain and suffering, mental anguish, loss of enjoyment of life, and the loss of companionship your family members experience are all compensable under Texas law. These damages are harder to quantify, but they are real and they matter. A person who can no longer coach their child’s Little League team near Flower Mound’s Heritage Park, or who cannot walk the trails at Twin Coves Park on Grapevine Lake, has suffered a genuine loss of quality of life.

In cases involving egregious conduct, such as a drunk driver who caused a TBI, Texas courts can also award exemplary damages (sometimes called punitive damages) under Texas Civil Practice and Remedies Code Chapter 41. These damages are designed to punish particularly reckless or malicious behavior and deter others from acting the same way.

Calculating the full value of a TBI claim requires input from medical experts, life care planners, and economists. Chandler Ross Injury Attorneys works with qualified professionals to build a complete picture of your damages, past, present, and future. Past results in any individual case depend on the specific facts and law involved, and no outcome can be guaranteed. What we can promise is that we will fight to pursue every dollar you are entitled to under Texas law.

Why Timing and Evidence Are Critical in Flower Mound TBI Cases

TBI cases are won or lost on evidence, and evidence disappears fast. Skid marks fade. Surveillance footage gets overwritten. Witnesses forget details. The sooner you contact an attorney after a TBI, the better your chances of preserving the proof you need to support your claim.

Medical documentation is the backbone of any TBI case. All TBIs should be evaluated by an experienced professional by neurological exam to test motor and sensory skills, hearing and speech, coordination and balance, mental status, and assess changes in mood or behavior. Getting that evaluation promptly after an accident does two things: it protects your health, and it creates a medical record that ties your symptoms to the incident. Gaps in treatment give insurance companies ammunition to argue that your injury was not serious or was caused by something else.

Brain imaging can be used to evaluate the extent of brain injuries and whether surgical intervention is needed. CT scans show skull fractures, bleeding, and swelling, while MRI imaging can show subtle changes that may be missed by the CT. These imaging results become key exhibits in your case.

Insurance companies in TBI cases are not on your side. They have experienced adjusters and defense lawyers whose job is to minimize what they pay you. They may argue that your symptoms are exaggerated, that your injury pre-existed the accident, or that you were partially at fault. Having an attorney at your side from the beginning changes the dynamic entirely.

Chandler Ross Injury Attorneys serves clients from our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205, and we handle cases throughout Flower Mound, Denton County, and the surrounding DFW area. We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. Call us today at (940) 800-2500 to schedule a free consultation. You have questions. We have answers, and we are ready to get to work for you.

FAQs About Flower Mound Traumatic Brain Injury Attorney

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

Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your injury to file a personal injury lawsuit. Missing that deadline means losing your right to compensation permanently. There are narrow exceptions for minors and people who are mentally incapacitated at the time of injury, but you should not count on those exceptions applying without speaking to an attorney first. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your injury.

What if my TBI symptoms did not appear right away?

Delayed TBI symptoms are common. Cognitive changes, mood shifts, and chronic headaches can take days or weeks to surface after an accident. The two-year filing deadline in Texas generally starts on the date of the accident, not the date symptoms appear. A limited exception called the discovery rule may apply in certain cases where an injury was truly not discoverable at the time of the accident, but courts apply this rule narrowly. See a doctor immediately after any accident involving a head impact, and call an attorney right away to protect your claim.

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

Yes. If a drunk driver caused your TBI, you have a strong basis for a civil negligence claim. Texas Penal Code Section 49.04 makes driving while intoxicated a criminal offense, and that same conduct supports your civil case. Texas Penal Code Section 49.07 specifically identifies TBI resulting in a persistent vegetative state as a second-degree felony for intoxication assault. A criminal conviction of the driver can strengthen your civil claim, though you do not need a criminal conviction to recover civil damages. Chandler Ross Injury Attorneys handles these cases and knows how to use the criminal record to your advantage.

What damages can I recover in a Flower Mound TBI case?

Texas law allows TBI victims to pursue economic damages, including medical bills, lost wages, future care costs, and loss of earning capacity, as well as non-economic damages like pain and suffering, mental anguish, and loss of enjoyment of life. In cases involving particularly reckless conduct, exemplary damages may also be available under Texas Civil Practice and Remedies Code Chapter 41. The value of any specific case depends entirely on its facts, and no attorney can guarantee a particular result. What we can do is work to identify and document every category of loss you have suffered.

Do I have to go to court to resolve my TBI claim?

Not necessarily. Many TBI cases in Texas are resolved through settlement negotiations before a lawsuit is ever filed or before a case reaches trial. However, insurance companies often offer far less than a case is worth when they believe a victim does not have strong legal representation. Having an attorney who is fully prepared to take your case to the Denton County District Court if needed gives you real leverage in negotiations. Chandler Ross Injury Attorneys prepares every case as if it will go to trial, which puts our clients in the strongest possible position whether the case settles or not.

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