When you or someone you love suffers a traumatic brain injury because of another person’s carelessness, the impact can be life-altering. A TBI, as it is often called, disrupts a person’s life in many ways, affecting their health, their work, and their family. You might feel overwhelmed by the medical bills, lost income, and the changes to your daily routine.
During a time like this, knowing your rights and having a dedicated legal team on your side is a big step toward getting your life back. Here at AMS Law Group, we understand the challenges you’re going through. A skilled and compassionate Dallas traumatic brain injury lawyer can guide you through the legal process, giving you the help you need while you focus on recovery. We encourage you to reach out for a free, confidential consultation so you can discuss your situation and learn how we can help.
Understanding Traumatic Brain Injuries in Texas
A traumatic brain injury happens when a sudden blow or jolt to the head disrupts the normal function of the brain. The injury can result from a direct hit or from the brain moving inside the skull. The effects of a TBI range widely, from a brief concussion to a long-term condition that changes a person’s ability to live independently.
Types of TBI Cases We Handle
TBI cases come in many forms, and each one requires a careful legal approach. We handle cases involving:
- Closed head injuries: These happen when the head gets a forceful blow, but nothing breaks the skull. A car crash or a fall can cause this.
- Penetrating brain injuries: These happen when an object, like a piece of debris or a weapon, goes through the skull and into the brain tissue.
- Diffuse axonal injuries: This serious type of injury happens from shaking or strong rotation of the head. It damages the brain’s nerve fibers in a widespread way.
- Coup and contrecoup injuries: This injury occurs when a sudden impact causes the brain to hit the inside of the skull at the point of impact (the coup injury) and then rebound to hit the opposite side of the skull (the contrecoup injury).
Common Causes of TBI in Dallas
Dallas is a busy city, and unfortunately, accidents happen. TBI can result from many kinds of incidents across Dallas. For example, a driver speeding on I-30 could cause a multi-vehicle crash. A pedestrian could get hit by a car while crossing the street near the Dallas Arts District. Maybe a truck accident occurred on I-35E near Oak Cliff. A person can also suffer a TBI from a slip and fall incident at a commercial property in the Bishop Arts District. Sports-related injuries, like a hard hit during a game in Fair Park, and dog bites in neighborhoods like Uptown, can also cause TBI. You need a lawyer to investigate these accidents, prove negligence, and pursue the compensation you deserve.
Severity Classifications Under Texas Medical Standards
Doctors often classify TBI based on its severity, which affects a person’s treatment and prognosis.
- Mild TBI/concussions: A mild TBI can cause a brief loss of consciousness, confusion, or amnesia. People often recover from these, but the effects can sometimes last for weeks or even months.
- Moderate TBI: This type of injury involves a longer period of unconsciousness or altered mental state.
- Severe TBI: A severe TBI involves a coma or a long period of unconsciousness. It causes the most long-term issues.
What Damages Can You Recover for a TBI in Texas?
When you have a TBI caused by someone else’s negligence, Texas law allows you to seek a financial recovery for your harm. This recovery is divided into different types of damages. File a personal injury claim to pursue compensation for medical costs, lost income, and the long-term effects the injury has on your life.
Economic Damages Available Under Texas Civil Practice & Remedies Code
Economic damages cover direct financial costs, including:
- Medical expenses, past and future: Emergency room care, surgeries, medication, hospital stays, and follow-up appointments.
- Rehabilitation costs: Physical therapy, occupational therapy, and speech therapy.
- Lost wages and diminished earning capacity: Paychecks already missed and reduced ability to earn income in the future.
- Home modifications and assistive devices: Wheelchair ramps, medical equipment, or technology to support independent living.
Your Dallas traumatic brain injury lawyer can calculate these damages using receipts, estimates, and billing statements.
Non-Economic Damages in Texas TBI Cases
Some losses don’t come with a bill but still weigh heavily:
- Pain and suffering tied to physical and cognitive challenges.
- Mental anguish from changes in personality, memory, or relationships.
- Loss of consortium affecting a spouse or family’s relationship with the injured person.
- Diminished quality of life when favorite activities or independence are no longer possible.
Although more challenging to quantify than economic damages, your attorney will work diligently to ensure your intangible losses are included in your claim.
Punitive Damages (When Applicable)
Texas law also allows punitive damages when gross negligence caused the injury. These damages serve to punish reckless behavior and deter others from engaging in similar behavior. Examples might include a trucking company forcing drivers to ignore federal rest rules or a drunk driver with multiple prior offenses.
How Long Do You Have to File a TBI Lawsuit in Texas?
Texas Civil Practice & Remedies Code §16.003 sets a two-year deadline for most personal injury cases. The clock starts ticking on the date of the injury. If you wait longer than two years, a court will likely dismiss your case, and you won’t be able to pursue a financial recovery.
Special Considerations for TBI Cases
TBI cases sometimes have special issues that affect this deadline.
- Delayed symptom onset: Sometimes, a person does not realize they have a TBI right away. Symptoms might show up weeks or months later. The law has a “discovery rule” that can sometimes extend the deadline until the date you reasonably should have known about the injury.
- Importance of early legal consultation: Because of these issues and the strict time limits, speaking with a Dallas TBI lawyer as soon as possible is a good idea. An attorney can make sure you do not miss the deadline.
- Medical documentation requirements: Starting your case early gives you time to gather all the medical evidence needed to prove your injuries and their effects.
Proving Negligence in Texas TBI Cases
To get a recovery for your TBI, your attorney must prove that the other person was negligent. Negligence is a legal term that means someone acted carelessly and that their carelessness caused your injury.
Your lawyer needs to show:
- The at-fault person had a legal duty to act in a reasonable and safe way toward you.
- The at-fault person did not meet that duty.
- The at-fault person’s breach directly caused your TBI. Your injury would not have happened if they had not acted carelessly.
- You suffered a harm that you can be compensated for.
Evidence Needed for TBI Claims
Proving negligence takes evidence. A strong TBI claim will include:
- Medical records and expert testimony: Your medical records prove your injury, while a doctor or other medical professional can explain the cause and long-term effects of your TBI to a jury.
- Accident reconstruction: In a car or truck crash, a reconstruction specialist can help explain how the accident happened.
- Witness statements: People who saw the incident can provide details about what happened.
- Economic impact documentation: Bills, pay stubs, and tax returns show the financial harm you have suffered.
Texas Comparative Negligence Rules
Texas uses a system called “modified comparative fault,” which can affect your recovery. If you are partly at fault for the accident, your financial recovery will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot get any recovery at all. A lawyer can help you argue against any claims that you were partly at fault. Can I sue even if I share some blame? Yes, as long as your share of fault is 50% or less, you can still bring a claim for compensation.
What Makes TBI Cases Complex in Texas Courts?
TBI cases can be complicated for many reasons. They are more difficult than other injury claims because of the medical issues involved and the actions of insurance companies.
Medical Complexity Challenges
Brain injuries aren’t always visible on scans, yet symptoms can last for years. Predicting long-term prognosis is difficult, which makes testimony from medical professionals especially important.
Insurance Company Tactics
Insurance companies often try to reduce payouts. They may deny valid claims, offer low settlements, or demand independent medical exams designed to minimize the injury. Some even use surveillance or social media monitoring to argue the victim isn’t as hurt as claimed.
Calculating Future Damages
Future costs require careful calculation. Life care planners and vocational experts help assess long-term needs such as therapy, in-home care, or job retraining. Economists may provide present value calculations to account for inflation and lifetime expenses.
How Our Dallas TBI Attorneys Can Help
Our legal team at AMS Law Group is here to support you every step of the way. We help our clients by handling the legal work so they can focus on their health.
Comprehensive Case Investigation
We begin with a thorough investigation. This includes:
- Accident scene analysis: We can get photos, videos, and police reports from the accident scene. We have helped people who were injured in crashes near Turtle Creek and in the Uptown area.
- Medical record review: Our team will review all of your medical records and can work with medical experts to understand your TBI.
- Expert witness coordination: We will work with the right experts, like medical professionals and accident reconstructionists, to build a strong case.
- Insurance policy investigation: We will review all insurance policies to find all possible sources for a financial recovery.
Access to Medical Experts
We have relationships with TBI specialists who can help us understand your injuries. Brain Injury Symptoms After an Accident often appear gradually, so these experts can identify subtle signs and document them for your case. We understand neurological conditions that can arise from a TBI. Our team has experience with Texas court procedures and a strong grasp of local Dallas and Texas precedents, which gives us an advantage.
Maximizing Your Recovery
We take every step to help you get the full financial recovery you need to move forward. This includes:
- Proper damage calculation: We work with financial and medical experts to make sure we don’t miss any costs.
- Negotiation with insurance companies: We will communicate with the insurance companies for you and push for a fair settlement.
- Trial preparation and litigation: If the at-fault party or their insurance company refuses to make a fair offer, we will prepare your case for trial.
- Structured settlement considerations: We can help you understand all of your options for how to receive your financial recovery.
Frequently Asked Questions About Dallas TBI Claims
How much does it cost to hire a Dallas TBI lawyer?
AMS Law Group works on a contingency fee basis. This means we do not charge any fees unless we get a financial recovery for you.
What if my loved one can’t make decisions due to their brain injury?
If your loved one is incapacitated, a court can appoint a legal guardian to make decisions for them, including pursuing a lawsuit. Our team can guide you through this process.
Can I still file a claim if the TBI wasn’t diagnosed immediately?
Yes, you can. As we mentioned, the discovery rule can apply to TBI cases because symptoms do not always show up right away. Still, you should speak with a lawyer as soon as possible.
What happens if the at-fault party doesn’t have enough insurance?
Sometimes, a negligent person’s insurance policy does not provide enough money to cover a person’s losses. Your own underinsured motorist coverage could provide additional funds. You might also be able to pursue a claim against other parties who might be at fault.
How long will my TBI case take to resolve?
This depends on many things. A straightforward case might resolve in a few months, but a more complicated one could take a year or more. A good Dallas traumatic brain injury lawyer will keep you informed throughout the process.
Let Our TBI Attorneys in Dallas Help
A traumatic brain injury can be a difficult experience. Because evidence can get lost and witnesses might forget details over time, acting quickly is very important. Our team at AMS Law Group is here to help you get the financial recovery you need. We offer a free, no-obligation consultation to talk about your legal options. Contact us today at (888) 960-8363 to get the support and advice you need.