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A traumatic brain injury, or TBI, can change every part of a person’s life in an instant. Whether it happened on US-380 near Denton, on the Dallas North Tollway heading into Plano, or anywhere else in the North Texas area, a TBI caused by someone else’s negligence deserves serious legal attention. At Chandler Ross Injury Attorneys, we represent TBI victims and their families across the Plano and Denton area, fighting to hold negligent parties accountable and pursue the full compensation our clients deserve. Past results do not guarantee the same outcome in your case, as every case turns on its own facts and applicable law.
Table of Contents
- What a Traumatic Brain Injury Actually Means for Your Life
- How Texas Law Defines Negligence in a TBI Case
- Damages You Can Recover After a Plano TBI
- The Two-Year Deadline That Could End Your Case
- What to Do After a TBI Caused by Someone Else’s Negligence
- Why Chandler Ross Injury Attorneys Handles Plano TBI Claims
- FAQs About Plano Traumatic Brain Injury Attorney
What a Traumatic Brain Injury Actually Means for Your Life
A traumatic brain injury is not just a bad headache. A TBI is an injury that affects how the brain works. That disruption can touch every area of daily life, from memory and speech to emotional regulation and physical movement. Some TBI victims experience symptoms that last weeks. Others live with effects that never fully resolve.
People most commonly get TBIs from a fall, firearm-related injury, motor vehicle crash, or an assault. In the Plano and Denton area, motor vehicle crashes on roads like the Dallas North Tollway, US-75, and State Highway 121 are a leading cause of TBI claims we handle.
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. Those numbers reflect real people, real families, and real losses.
TBIs range from mild concussions to severe, life-altering brain damage. A mild TBI may still cause weeks of missed work, cognitive fog, and emotional changes. A severe TBI can result in permanent disability or a persistent vegetative state. The severity of your injury directly shapes the value of your legal claim, which is why a thorough medical evaluation matters from day one.
If you or someone you love suffered a TBI in a crash, a construction accident, or any incident caused by another person’s careless actions, do not wait to get legal help. The sooner an attorney can begin building your case, the stronger your position will be when dealing with insurance companies and, if necessary, the courts.
How Texas Law Defines Negligence in a TBI Case
Texas negligence law is the foundation of most TBI injury claims. To recover compensation, an injured person must show that another party owed them a duty of care, breached that duty, and caused the TBI as a direct result. That framework applies whether the at-fault party is a distracted driver, a property owner near the Denton County Courthouse, or a contractor at a Plano construction site.
Texas follows a modified comparative fault rule. Under the Texas Civil Practice and Remedies Code, you can recover damages only if you are found to be less than 51 percent responsible for your own injury. If you share some fault, your compensation is reduced by your percentage of responsibility. So if a jury finds you 20 percent at fault and awards $500,000, you would receive $400,000.
Drunk driving cases add another layer. Under Texas Penal Code Section 49.07, causing a TBI that results in a persistent vegetative state elevates intoxication assault to a second-degree felony. That criminal finding does not win your civil case for you, but it creates a powerful factual record that supports your injury claim. Crashes involving impaired drivers near Plano’s Legacy West district or along I-35E in Denton are unfortunately common, and the law takes them seriously.
Proving negligence requires evidence gathered quickly. Accident reports, surveillance footage, witness statements, and medical records all matter. Evidence fades fast, and the at-fault party’s insurance company starts building its defense the same day the crash happens. Reaching out to personal injury lawyers at Chandler Ross Injury Attorneys early gives your case the best foundation possible.
Damages You Can Recover After a Plano TBI
Texas law allows TBI victims to pursue both economic and non-economic damages. Economic damages are the financial losses you can document, such as medical bills, rehabilitation costs, lost wages, and future lost earning capacity. Non-economic damages cover the human losses that do not come with a receipt, including pain and suffering, mental anguish, and loss of enjoyment of life.
TBI cases often involve enormous economic damages. A severe TBI may require emergency surgery, an extended stay at a facility like Medical City Plano, ongoing neurological care, physical therapy, cognitive rehabilitation, and in-home assistance for years or even a lifetime. Those costs add up fast, and any settlement or judgment must account for future needs, not just the bills already paid.
Texas Civil Practice and Remedies Code Chapter 139 governs structured settlements in cases involving incapacitated persons or those with substantial disability. Under Section 139.002, this chapter applies to claims where the personal injury has resulted in the substantial disablement of the injured person. If a structured settlement offer is made, Section 139.101 requires the offer to be made in writing and presented to the claimant’s attorney. Your attorney must then advise you on the terms, conditions, and appropriateness of that settlement under Section 139.102. This matters because a lump sum may not always serve a TBI victim’s long-term financial needs as well as a structured payment plan would.
Punitive damages are also possible in cases involving gross negligence or intentional misconduct. If a drunk driver caused your TBI, for example, a court may award additional damages designed to punish that conduct. Every case is different, and outcomes depend on the specific facts and applicable law.
The Two-Year Deadline That Could End Your Case
Texas law gives most TBI victims two years to file a lawsuit. Under Texas Civil Practice and Remedies Code Section 16.003(a), personal injury claims must be filed within two years. Miss that deadline, and a court will almost certainly dismiss your case, no matter how strong your evidence is.
A statute of limitations is the time limit in which a lawsuit must be filed. If you do not file your lawsuit during the statute of limitations period, you will likely not be able to pursue your claim in court because the statute of limitations has expired.
The clock generally starts on the day of the accident. That means a crash on Loop 288 in Denton today gives you until the same date two years from now to file suit. Waiting until the last few months creates serious risk. Medical records take time to gather. Expert witnesses need time to review your case. Negotiations with insurance carriers can drag on.
Some limited exceptions can pause the clock. 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 severe TBI that leaves a victim mentally incapacitated may qualify for this exception, but courts apply these rules narrowly. Never assume an exception applies without confirming it with an attorney.
If a government entity, such as a city of Plano vehicle or a Denton County agency, played a role in causing your TBI, additional notice requirements apply. Under the Texas Tort Claims Act, written notice of the claim must be provided to the governmental body within six months of the incident. Missing that notice requirement can end your claim even before the two-year deadline arrives.
What to Do After a TBI Caused by Someone Else’s Negligence
Your first priority after a TBI is medical care. Call 911, get to an emergency room, and follow every instruction from your doctors. Medical records created close in time to the injury are some of the most important evidence in a TBI case. Gaps in treatment give insurance companies room to argue that your injuries were not serious or were caused by something other than the accident.
Document everything you can. Take photos of the accident scene, collect contact information from witnesses, and keep all records related to your care. If the TBI happened in a car crash on the Sam Rayburn Tollway or near the Shops at Legacy in Plano, try to preserve any dashcam footage or nearby surveillance before it is overwritten.
Report the accident to the appropriate authorities. For car crashes in Texas, the law requires a crash report when there are injuries. That report creates an official record of the event and the parties involved, which your attorney will use in building your claim.
Be careful about what you say to insurance adjusters. Their job is to resolve claims for as little money as possible. A recorded statement made before you fully understand the extent of your TBI can seriously damage your case. TBI symptoms sometimes do not fully appear for days or weeks after the initial injury, and committing to a statement too early can undercut your claim later.
Contact Chandler Ross Injury Attorneys as soon as possible. Our firm is located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205, and we serve clients throughout the Plano and greater North Texas area. You can reach us at (940) 800-2500. We handle TBI cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.
Why Chandler Ross Injury Attorneys Handles Plano TBI Claims
Chandler Ross Injury Attorneys is a Denton-based personal injury firm that represents seriously injured clients throughout North Texas, including Plano, Frisco, McKinney, and the surrounding communities. TBI cases are among the most demanding in personal injury law. They require a clear understanding of medical evidence, strong relationships with qualified experts, and the ability to communicate the full human impact of a brain injury to a jury or insurance adjuster.
Our firm takes TBI cases seriously because we understand what is at stake. A TBI can take someone from an active, productive life to one defined by cognitive limitations, emotional struggles, and physical dependence. Families often become full-time caregivers overnight. Children lose the parent they knew. Spouses face a future they never planned for. These losses are real, and they deserve real legal advocacy.
TBI claims often connect to other serious injury types. A crash that causes a TBI may also result in catastrophic orthopedic injuries, spinal damage, or severe burns. Premises liability incidents near Plano’s Haggard Park or Legacy Trail can cause TBIs alongside other harm. Drunk driving crashes, construction site accidents, and negligent security incidents all carry TBI risk. We approach each case with the full picture in mind, building a claim that accounts for every injury our client suffered.
We work on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover money for you. Call us at (940) 800-2500 or visit our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205 to discuss your case. Attorney Chandler Ross is responsible for the content of this page, with a principal office in Denton, Texas.
FAQs About Plano Traumatic Brain Injury Attorney
How do I know if I have a valid TBI claim in Texas?
You likely have a valid claim if another person’s negligence caused your TBI and you suffered measurable harm as a result. That harm can include medical bills, lost income, pain, cognitive changes, or emotional distress. The key elements are duty, breach, causation, and damages. A TBI attorney can review the facts of your situation and give you a clearer picture of your options. Every case turns on its own specific facts, so no two outcomes are the same.
What if the insurance company offers me a quick settlement after my TBI?
Be cautious. Insurance companies often move fast with settlement offers precisely because they know TBI victims may not yet understand the full extent of their injuries. A settlement signed before you reach maximum medical improvement may leave you with far less than your future care will actually cost. Once you accept a settlement and sign a release, you generally cannot go back and ask for more. Talk to an attorney before you sign anything.
Can I file a TBI claim if I was partly at fault for the accident?
Yes, in most cases. Texas follows a modified comparative fault rule. You can still recover damages as long as you are found to be less than 51 percent responsible for the accident. Your total compensation will be reduced by your percentage of fault. So if a jury finds you 25 percent at fault and your damages total $400,000, you would receive $300,000. An attorney can help you understand how fault allocation might affect your specific claim.
How long does a Plano TBI case typically take to resolve?
The timeline varies widely depending on the severity of the injury, the number of parties involved, and whether the case settles or goes to trial. Many TBI cases take one to three years from the date of injury to final resolution. Cases involving severe injuries, disputed liability, or multiple defendants tend to take longer. Reaching maximum medical improvement before settling is important, because it allows your attorney to calculate the full value of your future medical needs.
Does Chandler Ross Injury Attorneys handle TBI cases from Plano even though the office is in Denton?
Yes. Chandler Ross Injury Attorneys represents clients throughout North Texas, including Plano, Frisco, McKinney, and surrounding communities in Collin and Denton counties. The firm’s principal office is located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205. Distance is not a barrier to representation. You can call us at (940) 800-2500 to schedule a consultation and discuss your TBI case at no cost and with no obligation.
