Wichita Falls Traumatic Brain Injury Attorney

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A traumatic brain injury (TBI) can permanently change every part of your life. Your ability to work, speak clearly, remember your family, and care for yourself can all be taken away in a single moment. If someone else’s negligence caused your TBI in or around Wichita Falls, Texas, you have the right to pursue full compensation under Texas law. Chandler Ross Injury Attorneys, serving clients from our Denton, Texas office, helps TBI victims and their families hold the responsible parties accountable. Call us at (940) 800-2500 for a free consultation.

Table of Contents

What a Traumatic Brain Injury Actually Does to a Person

A traumatic brain injury occurs when an outside force disrupts normal brain function. That force can be a blow, a jolt, or a penetrating impact to the head. The result is not just a headache. TBIs range from mild concussions to severe injuries that leave victims in a persistent vegetative state.

A TBI is an injury that affects how the brain works, and it is a major cause of death and disability in the United States. The damage can be immediate, or it can develop over hours and days as the brain swells, bleeds, or loses oxygen.

Common symptoms include memory loss, personality changes, difficulty concentrating, chronic headaches, vision problems, and loss of motor control. Many TBI survivors in Wichita Falls and the surrounding North Texas region never fully recover. They face years of rehabilitation, medication, and around-the-clock care.

Every day, approximately 586 people in the United States are hospitalized and 190 people die as the result of a TBI. Those numbers represent real people with real families. If someone you love is among them, the cause of that injury matters enormously for your legal rights.

TBIs caused by car accidents on US-287 near Wichita Falls, truck collisions on I-44, workplace incidents at local oil and gas facilities, slip and fall accidents at businesses along Kemp Boulevard, or drunk driving crashes near downtown all share one thing in common. They are often preventable, and they are often caused by someone else’s negligence. That is where a legal claim begins.

Texas Law and How It Applies to Wichita Falls TBI Claims

Texas personal injury law gives TBI victims a clear legal path to compensation. The foundation of that path is a negligence claim, which requires proving that another party owed you a duty of care, breached that duty, and directly caused your brain injury and resulting damages.

The deadline to file a TBI lawsuit in Texas is strict. Under Texas Civil Practice and Remedies Code Section 16.003(a), a person must bring suit for personal injury not later than two years after the day the cause of action accrues. That clock typically starts on the date of the accident.

Missing this deadline almost always means losing your right to recover anything. Failing to file before the deadline means the court will likely dismiss your claim, barring you from recovering compensation for medical bills, lost wages, and other damages.

There are limited exceptions. If the injured person is of “unsound mind” when the cause of action accrues, the statute of limitations is tolled until they regain capacity, as covered under Texas Civil Practice and Remedies Code Section 16.001(a)(2). This can apply to TBI victims who are incapacitated at the time of injury. For injured minors, the two-year statute of limitations does not start running until they turn 18, so a minor has until age 20 to file a claim.

Texas also uses a proportionate responsibility system. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. This is known as the 51% bar rule. If you are found partially at fault, your compensation is reduced by your percentage of fault. For example, if you are 30% at fault, you can only receive 70% of the total damages. Insurance companies know this rule and will often try to shift blame onto the injured person. Having strong legal representation is how you fight back.

How Texas Law Treats TBIs Caused by Drunk Drivers

Drunk driving crashes cause some of the most severe TBIs seen in Wichita Falls courts. Texas Penal Code Chapter 49 addresses intoxication-related offenses, and it specifically recognizes TBI as among the most serious outcomes of drunk driving.

Under Texas Penal Code Section 49.07, intoxication assault occurs when a person operating a vehicle while intoxicated causes serious bodily injury to another. The law takes this a step further for TBI victims. An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. This elevated criminal charge reflects how seriously Texas treats these cases.

A criminal conviction against the drunk driver does not automatically pay your medical bills. You still need a separate civil claim to recover compensation. But a conviction can serve as powerful evidence in your personal injury case, establishing that the defendant acted recklessly or with criminal negligence.

Drunk driving TBI cases in Wichita Falls often involve crashes near Lake Wichita, along Kell Freeway, or on rural roads heading out of Archer City. These accidents can be catastrophic, and the damages, including lifetime medical care, lost earning capacity, and pain and suffering, can be substantial. Our personal injury lawyers at Chandler Ross Injury Attorneys know how to build a full damages case that reflects the true, long-term cost of a TBI.

What Damages Can a Wichita Falls TBI Victim Recover?

Texas law allows TBI victims to pursue both economic and non-economic damages. Economic damages are the measurable financial losses tied directly to the injury. Non-economic damages cover the human losses that do not come with a receipt.

Economic damages in a TBI case typically include emergency room and hospital costs, neurosurgeon fees, rehabilitation and physical therapy, ongoing nursing or home care, lost wages from missed work, and reduced future earning capacity. For severe TBIs, the lifetime cost of care can reach into the millions of dollars.

Non-economic damages cover physical pain, mental anguish, loss of enjoyment of life, disfigurement, and the loss of companionship that family members suffer when a loved one is permanently changed by a brain injury.

Building a damages case for TBI requires expert medical testimony. Under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), expert witnesses must base their opinions on reliable methodology. This means your attorney needs to work with qualified neurologists, neuropsychologists, vocational rehabilitation experts, and life care planners who can explain to a jury exactly what your TBI means in real, financial terms.

The damages in TBI cases tied to commercial vehicles, such as truck accidents on US-82 near Wichita Falls or crashes involving oil field service vehicles heading to the Permian Basin, can also include punitive damages when the defendant acted with gross negligence. Texas Civil Practice and Remedies Code Section 41.003 governs exemplary damages and requires clear and convincing evidence of gross negligence or malice. These cases demand aggressive, thorough legal representation from the start.

Why TBI Cases Require Immediate Action After the Injury

TBI cases are lost or won based on evidence, and evidence disappears fast. Surveillance video from the intersection near Midwestern State University gets overwritten. Witness memories fade. Vehicle data recorders get erased. The at-fault party’s insurer starts building their defense the same day the crash happens.

Acting quickly means preserving the evidence that proves your case. An attorney can send preservation letters to businesses, employers, or government agencies that may hold relevant footage or records. They can hire accident reconstruction experts to analyze the scene before it changes. They can secure your medical records from United Regional Health Care System or other Wichita Falls area hospitals while the treatment details are fresh.

TBI symptoms can also evolve in ways that make early documentation critical. A person who seems to have a mild concussion after a crash on Southwest Parkway may develop serious cognitive deficits weeks later. Connecting those symptoms to the original accident requires a clear, documented medical timeline. Gaps in that timeline give insurance companies room to argue that your TBI came from somewhere else.

Common causes of a TBI include sports or recreational activities, assaults, falls, and motor vehicle collisions. Defendants and their insurers will often try to claim your injury was pre-existing or caused by something unrelated to their negligence. Early and consistent medical documentation, combined with prompt legal action, closes that door.

Chandler Ross Injury Attorneys serves Wichita Falls TBI victims from our Denton, Texas office. We handle cases throughout North Texas, including in Wichita County District Court, where TBI claims of this magnitude are often litigated. Call (940) 800-2500 today to speak with our team. Past results do not guarantee a similar outcome in your case, as every case depends on its own specific facts and applicable law.

FAQs About Wichita Falls Traumatic Brain Injury Attorney

How long do I have to file a TBI lawsuit in Texas after an accident in Wichita Falls?

You generally have two years from the date of the injury to file a personal injury lawsuit in Texas, under Texas Civil Practice and Remedies Code Section 16.003(a). There are limited exceptions for minors and for individuals who are mentally incapacitated at the time of the injury. Waiting too long almost always results in losing your right to any compensation, so contacting an attorney as soon as possible after a TBI is critical.

What if I was partly at fault for the accident that caused my TBI?

You can still recover compensation in Texas as long as you are found to be 50% or less responsible for the accident. Under Texas Civil Practice and Remedies Code Section 33.001, your damages will be reduced by your percentage of fault. If you are found 51% or more at fault, Texas law bars you from recovering anything. Insurance companies often try to inflate your share of fault to reduce or eliminate their liability, which is why strong legal representation matters so much in these cases.

What types of compensation can a TBI victim in Wichita Falls pursue?

A TBI victim can pursue economic damages, including medical bills, future care costs, lost wages, and reduced earning capacity. They can also pursue non-economic damages for pain and suffering, mental anguish, loss of enjoyment of life, and in some cases, disfigurement. In cases involving gross negligence, such as a drunk driving crash, exemplary damages may also be available under Texas Civil Practice and Remedies Code Section 41.003. The total value of a TBI claim depends on the severity of the injury, the cost of long-term care, and the specific facts of the case.

Does a drunk driver’s criminal conviction help my civil TBI case in Texas?

Yes, it can. A criminal conviction under Texas Penal Code Section 49.07 for intoxication assault, or a conviction under Section 49.08 for intoxication manslaughter, can serve as compelling evidence in your civil case. It helps establish that the defendant was intoxicated and acting recklessly at the time of the crash. However, a criminal conviction does not automatically result in civil compensation. You still need to file a separate personal injury claim to recover damages for your medical costs, lost income, and other losses.

Can Chandler Ross Injury Attorneys handle my Wichita Falls TBI case from Denton?

Yes. Chandler Ross Injury Attorneys represents TBI victims throughout the North Texas region, including Wichita Falls and Wichita County, from our Denton, Texas office. We handle cases in the relevant Texas state courts and work with local medical experts, accident reconstruction specialists, and other professionals to build the strongest possible case for our clients. Call us at (940) 800-2500 to discuss your situation in a free consultation. Attorney responsible for this content: Chandler Ross Injury Attorneys, principal office located in Denton, Texas.

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