Pilot Point Traumatic Brain Injury Attorney

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A traumatic brain injury (TBI) can change everything in an instant. One moment you or someone you love is driving down FM 455 near Pilot Point, and the next, a negligent driver has caused an injury that affects memory, personality, and the ability to work or care for a family. These injuries are among the most serious outcomes of any accident, and they demand serious legal attention. At Chandler Ross Injury Attorneys, we represent TBI victims in Pilot Point and throughout Denton County who are fighting for the compensation they deserve.

Table of Contents

What Qualifies as a Traumatic Brain Injury Under Texas Law

A traumatic brain injury is any injury caused by an external force that disrupts normal brain function. A TBI is an injury that affects how the brain works. That definition covers a wide range of harm, from mild concussions to severe injuries that leave victims in a persistent vegetative state.

Texas law takes TBIs seriously at both the civil and criminal levels. Under Texas Penal Code Section 49.07, an intoxication assault offense is elevated to a felony of the second degree when the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. That tells you something important: Texas recognizes TBI as a distinct and severe category of harm.

In a civil personal injury case, a TBI claim is not limited to the most catastrophic outcomes. Victims who suffer moderate or even mild TBIs may still experience long-term cognitive problems, chronic headaches, mood disorders, and an inability to return to work. All of these consequences can form the basis of a compensation claim under Texas negligence law.

Common causes of TBI in Pilot Point and the surrounding Denton County area include car accidents on U.S. Highway 377, truck collisions, motorcycle crashes, pedestrian accidents, slip and fall incidents, workplace injuries, and construction site accidents. Each of these situations can give rise to a personal injury lawsuit when another party’s negligence caused the impact.

If you are unsure whether your injury qualifies as a TBI, the most important first step is getting a proper medical evaluation. A diagnosis from a qualified physician creates the medical record your attorney needs to build a strong case.

How Serious Traumatic Brain Injuries Are Across Texas and the United States

TBI is not a rare injury. TBI is a major cause of death and disability in the United States. The numbers behind that statement are sobering for anyone dealing with this type of injury.

Every day, approximately 586 people in the US are hospitalized and 190 people die as the result of a TBI. That pace of harm means thousands of families across the country are dealing with the same kind of crisis you may be facing right now.

Common causes of a TBI include sports or recreational activities, assaults, falls, and motor vehicle collisions. Motor vehicle crashes are one of the leading contributors, which is why TBI claims so often arise from the same types of accidents handled by car accident, truck accident, and motorcycle accident attorneys.

The scope of the problem in Texas is significant. The Texas Department of State Health Services (DSHS) maintains a dedicated Traumatic Brain Injury Registry as part of its Emergency Medical Services and Trauma Registry (EMSTR), which tracks TBI cases reported by hospitals, trauma facilities, and medical examiners across the state. EMSTR includes a Traumatic Brain Injury Registry, and entities required to report data include hospitals, both designated trauma facilities and non-designated facilities, as well as acute rehabilitation facilities.

The financial cost of a TBI is also enormous. Victims often face immediate emergency care costs, followed by months or years of rehabilitation, specialist appointments, prescription medications, and in some cases, permanent in-home care. Lost income compounds the financial strain when a victim cannot return to their job. These are all categories of damages that a Pilot Point traumatic brain injury attorney can pursue on your behalf.

Texas Law and Your Right to Compensation After a TBI

Texas law gives TBI victims the right to pursue compensation from any party whose negligence caused the injury. That right is governed primarily by Texas negligence law, which requires you to prove four things: that the other party owed you a duty of care, that they breached that duty, that the breach caused your injury, and that you suffered real damages as a result.

The types of compensation available in a Texas TBI case include economic damages and non-economic damages. Economic damages cover things you can put a dollar figure on, such as medical bills, future medical expenses, lost wages, and loss of earning capacity. Non-economic damages cover pain and suffering, mental anguish, loss of enjoyment of life, and the impact on your personal relationships.

When a TBI results from a drunk driving accident, the case may also support a claim for exemplary damages (sometimes called punitive damages) under Texas Civil Practice and Remedies Code Section 41.003. Texas requires clear and convincing evidence of fraud, malice, or gross negligence to recover exemplary damages. A driver who chooses to get behind the wheel while intoxicated and causes a TBI often meets that standard.

Texas also follows a modified comparative fault rule. Under the 51% rule codified in the Texas Civil Practice and Remedies Code, you can recover damages only if you are less than 51% responsible for your own injury. Your compensation is then reduced by your percentage of fault. This means that even if you were partially at fault for the accident, you may still recover a meaningful amount if the other party bears the greater share of responsibility.

Working with experienced personal injury lawyers at Chandler Ross Injury Attorneys gives you the best chance of identifying every available source of compensation and presenting the strongest possible case.

The Filing Deadline for TBI Claims in Texas and Why It Matters

Every TBI victim in Texas must act within a strict legal deadline. Under Texas Civil Practice and Remedies Code Section 16.003, a person must bring suit for personal injury not later than two years after the day the cause of action accrues. Miss that deadline, and you lose your right to sue, no matter how strong your case is.

For most TBI victims, the clock starts on the date of the accident. That means if you were injured in a collision on U.S. Highway 377 near Pilot Point today, you generally have two years from that date to file your lawsuit in Denton County District Court.

There are narrow exceptions that can pause or extend the deadline. If the injured person is under a legal disability at the time the cause of action accrues, the time of the disability is not included in the limitations period, as covered under Texas Civil Practice and Remedies Code Section 16.001. This means that if a TBI victim is a minor or is mentally incapacitated by the injury itself, the two-year clock may be paused until the disability ends.

Texas also recognizes the discovery rule in limited circumstances. The discovery rule provides protection for plaintiffs whose injuries are not immediately detectable, and under this rule, the limitations period begins when the injured person discovers, or reasonably should have discovered, their injury and its cause. TBI symptoms sometimes appear days or weeks after an accident, which can make this rule relevant in some cases.

Do not wait to consult an attorney. Insurance companies know exactly when your deadline expires, and some will deliberately delay settlement talks to weaken your position. Contacting Chandler Ross Injury Attorneys as soon as possible after your injury protects your rights and gives your legal team time to gather evidence while it is still fresh.

What a Pilot Point Traumatic Brain Injury Attorney Does for Your Case

Handling a TBI claim requires more than filing paperwork. A TBI attorney builds a complete picture of how the injury happened, who is responsible, and what the injury is truly worth, including future costs that insurance companies routinely try to minimize or ignore.

At Chandler Ross Injury Attorneys, we start by gathering all available evidence. That includes accident reports filed with local law enforcement and the Texas Department of Transportation, surveillance footage from intersections along U.S. Highway 377 or Loop 288, witness statements, and data from vehicle event data recorders. In truck accident cases, we also pursue driver logs, inspection records, and company safety policies.

We work with medical professionals to document the full extent of your TBI. A neurologist or neuropsychologist can provide expert testimony about how the injury affects your cognitive function, daily life, and long-term prognosis. This expert evidence is critical when negotiating with insurance adjusters or presenting your case to a jury in the Tom Vandergriff Civil Courts Building in downtown Fort Worth or the Denton County Courts at 1450 East McKinney Street in Denton.

We also handle all communication with insurance companies so you do not have to. Insurance adjusters are trained to reduce payouts. They may try to argue that your symptoms are pre-existing, exaggerated, or unrelated to the accident. Our attorneys know those tactics and know how to counter them with evidence.

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 is no financial risk to calling us. If you or a family member has suffered a traumatic brain injury in Pilot Point or anywhere in Denton County, call us today at (940) 800-2500 for a free consultation.

FAQs About Pilot Point Traumatic Brain Injury Claims

How do I know if I have a valid TBI claim after an accident in Pilot Point?

You likely have a valid claim if another person’s negligence caused your accident and you received a medical diagnosis of a traumatic brain injury as a result. The injury does not have to be severe to qualify. Even a mild TBI with lasting symptoms can support a compensation claim under Texas negligence law. The best way to know for sure is to speak with an attorney who can review your medical records and the facts of your accident.

What damages can I recover in a Texas traumatic brain injury case?

Texas law allows TBI victims to recover economic damages, which include past and future medical expenses, lost wages, and reduced earning capacity, as well as non-economic damages for pain and suffering, mental anguish, and loss of enjoyment of life. In cases involving gross negligence or intentional misconduct, such as a drunk driving accident, exemplary damages may also be available under Texas Civil Practice and Remedies Code Section 41.003.

Can I still file a TBI claim if I was partly at fault for the accident?

Yes, in most cases. Texas follows a modified comparative fault rule. As long as you are found to be less than 51% responsible for the accident, you can still recover compensation. Your total recovery is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $500,000, you would recover $400,000. An attorney can help you build the strongest possible case on the question of fault.

How long does a traumatic brain injury lawsuit take to resolve in Texas?

The timeline varies depending on the severity of the injury, the number of parties involved, and whether the case settles or goes to trial. Some TBI cases resolve in months through negotiated settlements. Others, particularly those involving severe injuries or disputed liability, may take a year or more, especially if filed in Denton County District Court. Your attorney can give you a more specific estimate after reviewing the details of your case.

What should I do right after a TBI accident in Pilot Point?

Seek emergency medical care immediately, even if your symptoms seem minor at first. TBI symptoms can be delayed, and early documentation is critical to your claim. Report the accident to law enforcement so an official report is created. Avoid giving recorded statements to any insurance company before speaking with an attorney. Then call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible. The sooner you involve an attorney, the better protected your rights will be.

Chandler Ross Injury Attorneys is responsible for the content of this page. Our principal office is located in Denton, Texas. Past results in any case do not guarantee or predict a similar outcome in any future matter, as each case involves different facts, circumstances, and applicable law. This content is attorney advertising.

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