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A traumatic brain injury, or TBI, is one of the most serious and life-altering injuries a person can suffer. A TBI is an injury that affects how the brain works. When a car accident, truck crash, or any other act of negligence causes this kind of harm in McKinney, Texas, the consequences reach every part of a victim’s life, from their ability to work to their ability to care for their family. If you or someone you love has suffered a TBI near McKinney or anywhere in Collin County, you need to understand your legal rights. The personal injury lawyers at Chandler Ross Injury Attorneys represent TBI victims throughout the North Texas region, including those injured near McKinney. Our main office is located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205, and we are ready to fight for the compensation you deserve. Call us today at (940) 800-2500 for a free consultation. Past results in any case do not guarantee the same outcome in your matter, as results depend on the unique facts and law of each case.
Table of Contents
- What Makes Traumatic Brain Injuries So Serious After a McKinney Accident
- Common Causes of TBIs in McKinney That Support a Personal Injury Claim
- Texas Law and What You Can Recover in a McKinney TBI Case
- The Texas Statute of Limitations for McKinney TBI Claims
- How Chandler Ross Injury Attorneys Handles McKinney TBI Cases
- FAQs About McKinney Traumatic Brain Injury Lawyer
What Makes Traumatic Brain Injuries So Serious After a McKinney Accident
TBIs are not ordinary injuries. They affect the organ that controls everything, from memory and speech to emotion and movement. TBI is a major cause of death and disability. 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.
People most commonly get TBIs from a fall, firearm-related injury, motor vehicle crash, or an assault. In McKinney, high-traffic corridors like US-75 (Central Expressway), SH-121, and the areas around Eldorado Parkway see significant accident activity. A rear-end collision on the way to Towne Lake Recreation Area or a T-bone crash near the McKinney National Airport can produce the kind of violent head movement that causes a TBI, even without a direct blow to the skull.
A TBI may lead to short- or long-term health problems. Those problems can include cognitive impairment, chronic headaches, personality changes, seizures, and the inability to return to work. 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of TBI. That number underscores how permanent this injury can be.
Severity ranges from mild concussions to severe injuries that leave victims in a persistent vegetative state. Under Texas Penal Code Section 49.07, causing a TBI that results in a persistent vegetative state through intoxicated driving is treated as a felony of the second degree. That tells you how seriously Texas law views this type of harm. If a drunk driver caused your TBI on the roads around McKinney, the criminal case against them can support your civil claim for damages.
These estimates do not include the many TBIs that are only treated in the emergency department, primary care, urgent care, or those that go untreated. Many TBI victims in McKinney walk away from an accident feeling “off” but never connect their symptoms to the crash. If you have headaches, confusion, memory problems, or mood changes after any accident, get evaluated immediately, and then call Chandler Ross Injury Attorneys at (940) 800-2500.
Common Causes of TBIs in McKinney That Support a Personal Injury Claim
Not every TBI gives rise to a legal claim. The injury must result from someone else’s negligence, recklessness, or wrongful act. In McKinney, TBIs most often arise from car accidents, truck accidents, motorcycle crashes, pedestrian accidents, and construction site injuries.
Car accidents are among the most common causes. When a distracted driver runs a red light at a McKinney intersection near Stacy Road or rear-ends a vehicle at highway speed on US-75, the force transmitted to the brain can be devastating. Multi-vehicle pileups and rollover accidents are especially dangerous because the head can strike multiple surfaces during the event.
Commercial truck accidents are another major source of severe TBIs. An 18-wheeler or delivery truck carries enormous mass. When one of these vehicles strikes a passenger car near the McKinney area, the occupants of the smaller vehicle absorb catastrophic force. TBIs from these crashes tend to be severe, and the claims involve complex liability issues, including federal trucking regulations and corporate defendants.
Motorcycle riders have almost no protection from head trauma in a crash. Even with a helmet, a violent collision can produce a TBI. Pedestrians and bicycle riders face similar risks when struck by a vehicle near McKinney’s growing residential areas and parks like Erwin Park.
Construction accidents are also a significant cause. Workers on McKinney’s many active construction sites can suffer TBIs from falls, falling objects, and equipment accidents. Depending on whether workers’ compensation applies, injured workers may have a separate civil claim against a third party, such as a subcontractor or equipment manufacturer, in addition to any workers’ comp benefits.
Regardless of how your TBI happened, the key legal question is whether another party’s negligence caused it. Chandler Ross Injury Attorneys investigates every case thoroughly to identify all responsible parties and build a claim that reflects the true scope of your damages.
Texas Law and What You Can Recover in a McKinney TBI Case
Texas law allows TBI victims to recover two main categories of damages: economic damages and non-economic damages. Economic damages are measurable financial losses. Non-economic damages compensate for harm that does not come with a price tag, such as pain, suffering, and loss of enjoyment of life.
Economic damages in a TBI case can be substantial. They include past and future medical expenses, rehabilitation costs, lost wages, reduced earning capacity, and the cost of in-home care or assisted living. A severe TBI can require a lifetime of medical support. The economic damages in those cases can reach into the millions of dollars, and a claim must account for all future costs, not just what has already been spent.
Non-economic damages cover the human cost of the injury. These include physical pain, emotional distress, mental anguish, disfigurement, and loss of consortium for a spouse. Texas does not cap non-economic damages in standard personal injury cases, though caps do apply in medical malpractice cases under Texas Civil Practice and Remedies Code Chapter 74.
Texas also uses a proportionate responsibility system. Under the 51% rule in the Texas Civil Practice and Remedies Code, you can recover damages as long as you are not more than 50% at fault for the accident. Your recovery is reduced by your percentage of fault. For example, if a jury finds you 20% responsible and awards $500,000, you receive $400,000. Insurance companies use this rule aggressively to reduce payouts, which is why having a skilled attorney on your side matters from day one.
In cases involving drunk driving, gross negligence, or other egregious conduct, Texas law also allows for exemplary (punitive) damages under Texas Civil Practice and Remedies Code Chapter 41. These are meant to punish the wrongdoer and deter similar conduct. If a drunk driver caused your TBI on a McKinney road, your attorney may pursue exemplary damages on top of your compensatory award.
The Texas Statute of Limitations for McKinney TBI Claims
Time is one of the most critical factors in any TBI case. Texas Civil Practice and Remedies Code Section 16.003(a) sets the personal injury statute of limitations. In most personal injury cases in Texas, you have two years from the date of the injury to file a lawsuit.
Miss that deadline, and you almost certainly lose your right to any compensation. Missing the statute of limitations almost always results in permanent dismissal of the case, regardless of how strong the liability evidence or how severe the injuries are. Courts apply this rule strictly, and there is no exception for cases where the injuries are severe.
There are limited situations where the deadline can be extended. Texas tolls the statute of limitations for two categories of individuals: those under 18 years old and people who are mentally incapacitated or “of unsound mind” when the cause of action accrues, under Texas Civil Practice and Remedies Code Section 16.001. A TBI victim who is rendered mentally incapacitated by the injury may qualify for this tolling provision, but it must be established through proper legal and medical documentation.
The discovery rule is another potential exception. In some cases, the nature of the injury may not be immediately apparent. Texas recognizes the discovery rule, which states that the statute of limitations does not begin to run until the plaintiff discovers, or through reasonable diligence should have discovered, the injury. Some TBI symptoms, such as cognitive decline or personality changes, emerge gradually. However, courts apply this rule narrowly, and you should never assume it applies without speaking to an attorney.
If a government entity is involved, such as a city vehicle that caused your accident near McKinney or a poorly maintained road managed by Collin County, the rules change. Under the Texas Tort Claims Act, you must provide written notice of your injury claim to the governmental body within six months of the incident. Missing that notice requirement can end your claim before it starts.
Do not wait. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after a TBI so we can protect your rights and preserve critical evidence before it disappears.
How Chandler Ross Injury Attorneys Handles McKinney TBI Cases
TBI cases are among the most complex personal injury claims in Texas. They require medical evidence, expert testimony, economic analysis, and a deep understanding of how insurance companies and defense attorneys fight these claims. Chandler Ross Injury Attorneys approaches every TBI case with the thoroughness it demands.
The first step is a thorough investigation. We gather police reports, accident reconstruction data, surveillance footage, and witness statements. In truck accident cases, we move quickly to preserve electronic logging device (ELD) data and black box records before they are overwritten. In construction accident cases, we identify all potentially liable parties, including property owners, general contractors, and equipment manufacturers.
We work with medical professionals to document the full scope of your TBI. 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. Brain imaging can be used to evaluate the extent of brain injuries and if surgical intervention is needed, and CT scans show skull fractures, bleeding, and swelling. We connect clients with the right medical experts and ensure their records fully reflect the injury’s impact on daily life.
We also work with economists and life care planners to calculate future damages accurately. A TBI that prevents someone from returning to their career as a nurse, engineer, or teacher requires a damages model that accounts for decades of lost income and ongoing care costs. We build that case with precision.
Insurance companies know that TBI cases are expensive, and they work hard to minimize payouts. They may argue that your symptoms existed before the accident, that you failed to mitigate your damages, or that you share fault for the crash. We anticipate these arguments and counter them with evidence.
Chandler Ross Injury Attorneys serves clients injured in McKinney and throughout the surrounding region, including Collin County, from our office in Denton. If your case proceeds to litigation, it will likely be filed in the Collin County District Court in McKinney. We know this court and are prepared to take your case to trial if a fair settlement cannot be reached. Call us at (940) 800-2500 or visit our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205.
FAQs About McKinney Traumatic Brain Injury Lawyer
What are the most common signs of a TBI after a McKinney car accident?
Common signs include persistent headaches, confusion, memory loss, difficulty concentrating, mood swings, sensitivity to light or sound, sleep disturbances, and nausea. Some symptoms appear immediately, while others develop over days or weeks. If you notice any of these after an accident near McKinney, see a doctor right away and document everything. Early medical evaluation protects both your health and your legal claim.
Can I still file a TBI claim if the accident was partly my fault?
Yes, in most cases. Texas follows a proportionate responsibility system under the Texas Civil Practice and Remedies Code. You can recover damages as long as you are found to be 50% or less at fault for the accident. Your total recovery is reduced by your percentage of fault. If you are found more than 50% responsible, you cannot recover. An attorney can help evaluate how fault may be apportioned in your specific case and build the strongest possible argument in your favor.
How long does a McKinney TBI lawsuit typically take to resolve?
There is no single answer, because every case is different. Some TBI claims settle with the insurance company within months of filing. Others require litigation in Collin County District Court and can take one to three years or longer, especially if the case goes to trial. The severity of the injury, the number of defendants, and the willingness of the insurance company to offer fair compensation all affect the timeline. What matters most is that you do not accept a settlement before you fully understand the long-term cost of your injury.
What if the person who caused my TBI was driving drunk in McKinney?
A drunk driving crash that causes a TBI creates both criminal and civil liability. Under Texas Penal Code Section 49.07, causing a TBI that results in a persistent vegetative state through intoxicated driving is a second-degree felony. In your civil case, the driver’s intoxication is strong evidence of negligence, and you may be entitled to pursue exemplary damages in addition to your compensatory damages. Chandler Ross Injury Attorneys handles drunk driving TBI cases and knows how to use all available evidence to maximize your recovery.
Does Chandler Ross Injury Attorneys handle TBI cases on a contingency fee basis?
Yes. Chandler Ross Injury Attorneys handles personal injury cases, including TBI claims, 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 in McKinney and throughout North Texas to access legal representation regardless of their financial situation. Call us at (940) 800-2500 to discuss your case in a free consultation.
Content on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Chandler Ross Injury Attorneys is responsible for this content. Principal office: 110 N. Woodrow Ln, Ste 120, Denton, TX 76205. Results in any prior case do not guarantee a similar outcome in future matters, as each case depends on its own facts and applicable law.
