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A traumatic brain injury (TBI) can change everything in a single moment. One car accident on State Highway 114, one slip and fall at a Trophy Club business, or one truck collision near the State Highway 114 and Interstate 35W corridor can leave you or someone you love facing a lifetime of medical care, lost income, and daily challenges that no one prepared for. If you or a family member suffered a TBI due to someone else’s negligence in or around Trophy Club, you have legal rights under Texas law, and Chandler Ross Injury Attorneys is here to help you protect them. Call us at (940) 800-2500 for a free consultation. Our primary office is located in Denton, Texas, and the attorneys responsible for this content are licensed to practice in Texas.
Table of Contents
- What a Traumatic Brain Injury Actually Is and Why It Is So Serious
- Texas Law and Your Right to Compensation After a TBI
- Common Causes of TBI in Trophy Club and the Surrounding Denton County Area
- What Damages Can You Recover in a Trophy Club TBI Case?
- Why Chandler Ross Injury Attorneys Is the Right Choice for Trophy Club TBI Victims
- FAQs About Trophy Club Traumatic Brain Injury Claims
What a Traumatic Brain Injury Actually Is and Why It Is So Serious
The Centers for Disease Control and Prevention (CDC) defines a TBI as any injury that disrupts normal brain function, caused by a bump, blow, jolt to the head, or a penetrating head injury. That definition covers a wide range of harm, from a concussion after a rear-end crash on Highway 114 to a severe open-skull injury from a catastrophic truck accident. The word “mild” in “mild TBI” refers only to the force of impact, not to the seriousness of the outcome.
Across the United States, there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021, representing more than 586 TBI-related hospitalizations and 190 TBI-related deaths every single day. Those numbers do not include the many TBIs treated only in emergency departments or urgent care settings, or those that go untreated altogether.
According to the Brain Injury Association of America, someone in the United States sustains a brain injury every nine seconds. Think about that the next time you drive through Trophy Club Park or merge onto State Highway 114 heading toward DFW Airport.
TBI symptoms do not always appear immediately. You may feel fine after a crash, then develop headaches, memory loss, mood changes, or cognitive problems days or weeks later. This delay is one reason why so many TBI victims fail to connect their symptoms to the original accident, and it is also one reason why prompt medical evaluation and legal action are both so important. Common causes of TBIs in the Trophy Club area include car accidents, truck accidents, motorcycle crashes, slip and fall incidents, workplace injuries, and premises liability events, all of which fall within the types of injury claims Chandler Ross Injury Attorneys handles for clients throughout Denton County and the surrounding region.
Texas Law and Your Right to Compensation After a TBI
Texas law gives TBI victims the right to pursue compensation from the party whose negligence caused the injury. That right comes primarily through the Texas Civil Practice and Remedies Code, and understanding how it works is the first step toward protecting your claim.
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. Miss that deadline and a court will almost certainly dismiss your case, regardless of how strong it is. If your TBI was caused by medical malpractice, a separate two-year limit under Section 74.251 applies from the date of treatment or discovery, capped at three years total.
Texas uses a modified comparative fault system under Civil Practice and Remedies Code Section 33.001. This means your compensation is reduced by your percentage of fault. If you are found to be 51 percent or more at fault, you recover nothing. If you are 30 percent at fault for a crash near Grapevine Lake that caused your TBI, your damages are reduced by 30 percent. This rule makes it critical to have a legal team that builds a strong liability case from the start.
Texas Civil Practice and Remedies Code Section 41.001 defines the types of damages available to injury victims. “Economic damages” means compensatory damages intended to compensate a claimant for actual economic or pecuniary loss. “Noneconomic damages” means damages awarded for the purpose of compensating a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and all other nonpecuniary losses. “Future damages” means damages that are incurred after the date of the judgment, which is especially important in TBI cases where long-term care costs can be enormous.
Exemplary damages, sometimes called punitive damages, are also available in certain cases. Under Texas Civil Practice and Remedies Code Section 41.001(11), they are recoverable only when harm results from fraud, malice, or gross negligence, which the law defines as an extreme degree of risk with the defendant’s subjective awareness and conscious indifference to the safety of others. A drunk driving accident that causes a TBI, for example, may support a claim for exemplary damages.
Common Causes of TBI in Trophy Club and the Surrounding Denton County Area
Trophy Club sits along State Highway 114, one of the busiest corridors in the Dallas-Fort Worth region, with heavy commuter and commercial traffic flowing daily between Denton County and DFW International Airport. That traffic volume, combined with the town’s rapid growth, creates real and consistent risks for serious head injuries.
Motor vehicle accidents are among the most common causes of TBI in this area. High-speed crashes on Highway 114, rear-end collisions near the Highway 114 and Trophy Lake Drive intersection, and commercial truck accidents involving vehicles heading to or from DFW Airport all carry significant TBI risk. Truck accidents, including those involving large commercial carriers, are particularly dangerous because the force involved is far greater than in a typical passenger vehicle crash.
Slip and fall accidents on commercial properties in Trophy Club, including retail centers along Trophy Club Drive and the State Highway 114 commercial corridor, are another leading cause of TBI. When a property owner fails to maintain safe conditions, a fall can cause a victim’s head to strike a hard floor, a curb, or a parking lot surface with enough force to produce a serious brain injury. These cases fall under Texas premises liability law.
Workplace injuries are also a significant source of TBI claims in the region. Workers in construction, warehousing, and other physical trades near the Denton County and Tarrant County line face elevated head injury risks every day. Under the Texas Labor Code, workers’ compensation may cover some of your losses, but it does not prevent you from pursuing a separate personal injury claim against a negligent third party, such as a contractor or equipment manufacturer.
Other causes include bicycle accidents on Trophy Club’s trail system, pedestrian accidents near crosswalks, motorcycle crashes, and incidents involving rideshare vehicles. Regardless of how your TBI occurred, if someone else’s negligence was a contributing factor, you have the right to seek compensation. The experienced personal injury lawyers at Chandler Ross Injury Attorneys can evaluate your case and explain your options.
What Damages Can You Recover in a Trophy Club TBI Case?
TBI damages can be substantial, and in severe cases they can reach into the millions of dollars over a victim’s lifetime. Knowing what you can recover helps you understand the full value of your claim before you accept any settlement offer from an insurance company.
Economic damages cover your actual financial losses. These include all past and future medical expenses, from emergency room treatment and neurosurgery to long-term rehabilitation, occupational therapy, and in-home care. They also include lost wages for time you missed from work and, critically, loss of earning capacity if your TBI permanently limits your ability to work or earn at your prior level. TBI victims often require vocational experts and economists to calculate these long-term losses accurately.
Noneconomic damages address the human cost of the injury. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for a spouse or partner are all recoverable under Texas law. These damages are harder to quantify, but they are real, and they often represent the largest portion of a TBI victim’s total recovery.
Future damages are especially important in TBI cases. Future damages means damages incurred after the date of the judgment and do not include exemplary damages. For a young person injured in a crash near Medlin Middle School or Byron Nelson High School in Trophy Club, future damages can span decades and include ongoing medical monitoring, cognitive therapy, and lost career earnings.
The severity of your TBI directly affects the value of your claim. A mild concussion with a full recovery carries far different damages than a moderate or severe TBI that leaves you with permanent cognitive impairment, personality changes, or the inability to live independently. Every case is different, and past results in other cases do not guarantee the same outcome in yours. What matters is building the strongest possible record of your specific losses, which is exactly what Chandler Ross Injury Attorneys works to do for every client.
Why Chandler Ross Injury Attorneys Is the Right Choice for Trophy Club TBI Victims
Chandler Ross Injury Attorneys serves injury victims throughout Denton County, including residents of Trophy Club, Westlake, Flower Mound, and communities along the State Highway 114 corridor. Our firm handles the full range of serious injury claims, from car and truck accidents to premises liability, workplace injuries, and catastrophic injury cases. TBI claims require a team that understands both the medical complexity of brain injuries and the legal demands of Texas civil litigation.
TBI cases are won or lost on evidence. Medical records, imaging studies, neuropsychological evaluations, accident reconstruction reports, and expert testimony all play a role. Our team works to gather and preserve that evidence quickly, before it is lost or destroyed. Texas courts, including the Denton County District Courts located at the Tim Cole Building on McKinney Street in Denton, handle a high volume of civil cases, and preparation matters.
We also know how insurance companies operate. Adjusters are trained to minimize payouts, and they often contact TBI victims before those victims have had a chance to understand the full extent of their injuries. Do not accept a settlement offer or sign any release without first speaking with an attorney. Once you sign a release, you generally give up all future claims related to the injury, even if your condition worsens.
Our firm works on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. There is no cost to speak with us, and there is no financial risk in getting a professional evaluation of your case. If you or a loved one suffered a TBI in Trophy Club or anywhere in Denton County, call Chandler Ross Injury Attorneys at (940) 800-2500 today. The sooner you act, the better your chances of building a strong claim before evidence fades and deadlines approach.
FAQs About Trophy Club Traumatic Brain Injury Claims
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. If you miss this deadline, a court will almost certainly bar your claim entirely. Certain exceptions exist, such as when the injured person is a minor or is legally incapacitated, but you should not rely on exceptions. Contact an attorney as soon as possible after your injury to protect your rights.
What if I was partly at fault for the accident that caused my TBI?
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. If you are 50 percent or less at fault, you can still recover damages, but your award is reduced by your percentage of fault. If you are found to be 51 percent or more at fault, you cannot recover anything. This is why it matters to have an attorney who investigates the accident thoroughly and presents the strongest possible case for the other party’s liability.
Can I recover compensation for a TBI if the symptoms did not appear right away?
Yes. TBI symptoms often develop or worsen in the days and weeks after an accident. Texas law generally starts the two-year statute of limitations clock from the date of the injury, not the date symptoms appear. However, the delayed nature of TBI symptoms can complicate proving the connection between the accident and your injury, which is one more reason to get a medical evaluation immediately after any accident involving a blow or jolt to the head, even if you feel fine at first.
What types of damages can I recover in a Trophy Club TBI case?
You can recover economic damages, including medical expenses, lost wages, and loss of future earning capacity. You can also recover noneconomic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving gross negligence, fraud, or malice, exemplary damages may also be available under Texas Civil Practice and Remedies Code Section 41.001(11). The specific amount you can recover depends on the facts of your case, and no attorney can guarantee a particular outcome.
Do I need an attorney for a TBI claim, or can I handle it on my own?
You are legally allowed to handle your own claim, but TBI cases are among the most complex personal injury matters in Texas law. They require medical expert testimony, detailed damage calculations, and a thorough understanding of Texas civil procedure and insurance law. Insurance companies have experienced adjusters and lawyers working to limit what they pay. Having a knowledgeable attorney on your side levels that playing field. Chandler Ross Injury Attorneys offers free consultations, so there is no cost to find out how we can help. Call us at (940) 800-2500.
