Traumatic brain injuries are among the most serious and complex injuries in personal injury law. They range from mild concussions with temporary symptoms to severe TBIs that cause permanent cognitive, behavioral, and physical impairment. What makes TBI cases particularly challenging is that the injury often isn't visible on standard CT scans immediately after the accident — and symptoms frequently don't appear in full for days or weeks.
Insurance adjusters know this. They routinely argue that because you appeared normal at the emergency room, or because the initial imaging was clear, you weren't seriously injured. An attorney who handles TBI cases knows how to counter that argument with neuropsychological evaluation, diffusion tensor imaging (DTI), and expert testimony connecting the accident mechanics to the injury pattern.
The damages in TBI cases are correspondingly complex. Future medical care — ongoing neurological monitoring, rehabilitation, cognitive therapy — can span decades. Lost earning capacity, particularly in cases where the injured person's cognitive function is permanently affected, requires careful vocational and economic expert testimony. These calculations need to be right before you accept any settlement.
Texas has a two-year statute of limitations for personal injury claims. In TBI cases where symptoms develop slowly, the 'discovery rule' may in some cases delay the start of the limitations period — but this exception is narrow and contested, and you should not rely on it. Contact an attorney as soon as you suspect a TBI, not after symptoms fully manifest.
What You Need to Know
Key Facts About This Case Type
Delayed symptom onset
TBI symptoms often develop days to weeks after the initial trauma. Medical evaluation at the time of the accident may not capture the full injury. Documenting symptoms as they emerge is critical.
Specialized imaging
Standard CT scans frequently miss TBIs. Diffusion tensor imaging (DTI) and neuropsychological evaluation can document TBIs that don't appear on initial emergency imaging.
Long-term care cost calculation
Future medical care, cognitive rehabilitation, and lost earning capacity require vocational and economic expert testimony. These numbers must be accurate before any settlement is signed.
Two years to file
Texas Civil Practice and Remedies Code §16.003. The discovery rule exception for TBI is narrow — do not count on it. Consult an attorney as soon as symptoms appear.
Common Questions
Frequently Asked Questions
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