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Fighting for TBI Victims and Their Families

Traumatic brain injuries can change everything in an instant. When someone else's negligence causes a TBI, victims and their families face overwhelming medical costs, lost income, and lifelong challenges. Our experienced traumatic brain injury attorneys help TBI victims throughout Texas and nationwide recover the compensation they need for medical care, rehabilitation, and long-term support.

⚠️ Time Matters: Texas has a two-year statute of limitations for TBI claims, but symptoms may not appear immediately. Contact our experienced brain injury attorneys today for a free consultation to protect your legal rights and explore your options for compensation.

Understanding Traumatic Brain Injury

A traumatic brain injury (TBI) is an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment. TBIs occur when a sudden blow, jolt, or penetrating injury to the head disrupts normal brain function. Unlike other injuries, damaged brain tissue cannot regenerate, often leaving lasting or permanent impairments.

Classifications of Traumatic Brain InjuryTexas and Nationwide Traumatic Brain Injury Lawyer

Mild TBI (Concussion):

  • Brief loss of consciousness (under 30 minutes) or no loss of consciousness
  • Post-traumatic amnesia lasting less than 24 hours
  • Glasgow Coma Scale score of 13-15
  • May cause persistent symptoms requiring months of recovery

Moderate TBI:

  • Loss of consciousness lasting 30 minutes to 6 hours
  • Post-traumatic amnesia lasting 1-7 days
  • Glasgow Coma Scale score of 9-12
  • Often requires intensive rehabilitation and may cause permanent disabilities

Severe TBI:

  • Loss of consciousness lasting more than 6 hours or coma
  • Post-traumatic amnesia lasting more than 7 days
  • Glasgow Coma Scale score of 3-8
  • Frequently results in permanent disability requiring lifelong care

The Hidden Nature of Brain Injuries

TBI symptoms may not appear immediately after an accident. The brain's complexity means that some effects may take days, weeks, or even months to manifest. This delayed onset can complicate legal claims, making it crucial to work with attorneys who understand the medical intricacies of brain injuries.

Common Causes of Traumatic Brain Injury

Motor Vehicle Accidents

The leading cause of severe TBIs, accounting for approximately 60% of cases:

Falls

The second most common cause, particularly among older adults:

  • Slip and fall accidents on unsafe properties
  • Falls from heights in workplace accidents
  • Construction site falls and scaffolding collapses
  • Nursing home neglect leading to falls

Sports and Recreation

Increasing recognition of TBI risks in athletics:

  • Contact sports like football, hockey, and boxing
  • Recreational activities with head injury potential
  • School sports with inadequate safety protocols
  • Defective sports equipment failures

Violence and Assaults

Intentional acts causing head trauma:

  • Physical assaults and domestic violence
  • Gun violence and penetrating injuries
  • Child abuse and shaken baby syndrome
  • Criminal attacks in inadequately secured areas

Medical Malpractice

Healthcare errors leading to brain injury:

  • Surgical mistakes causing brain damage
  • Anesthesia errors resulting in oxygen deprivation
  • Birth injuries during delivery
  • Misdiagnosis or delayed treatment of brain conditions

Symptoms and Effects of Traumatic Brain Injury

Physical Symptoms

  • Persistent headaches and migraines
  • Dizziness and balance problems
  • Nausea and vomiting
  • Fatigue and sleep disturbances
  • Light and sound sensitivity
  • Vision changes and blurred sight
  • Seizures and motor function problems

Cognitive Symptoms

  • Memory loss and difficulty forming new memories
  • Attention and concentration problems
  • Slowed thinking and processing speed
  • Difficulty with problem-solving and decision-making
  • Language and communication issues
  • Executive function impairments

Emotional and Behavioral Changes

  • Depression and anxiety
  • Irritability and mood swings
  • Personality changes and disinhibition
  • Increased aggression or agitation
  • Social withdrawal and isolation
  • Loss of motivation and initiative

Long-Term Complications

  • Increased risk of Alzheimer's disease and dementia
  • Chronic traumatic encephalopathy (CTE)
  • Post-traumatic stress disorder (PTSD)
  • Substance abuse and dependency
  • Relationship and family difficulties
  • Employment and financial challenges

Learn more about managing life after traumatic brain injury and the long-term challenges families face.

The Devastating Costs of Traumatic Brain Injury

Medical Expenses

TBI treatment costs are staggering and often lifelong:

  • Initial emergency treatment and hospitalization: $85,000+ for severe cases
  • Intensive care unit stays averaging $1,000+ per day
  • Surgical procedures and neurosurgical interventions
  • Extended rehabilitation programs lasting months or years
  • Ongoing medical monitoring and specialist care

Rehabilitation and Therapy Costs

  • Physical therapy for motor function recovery
  • Occupational therapy for daily living skills
  • Speech and language therapy
  • Cognitive rehabilitation programs
  • Psychological counseling and psychiatric care
  • Assistive technology and adaptive equipment

Long-Term Care Needs

The lifetime cost of caring for a severe TBI survivor ranges from $600,000 to $1.9 million:

  • 24-hour supervision and personal care assistance
  • Specialized housing modifications and accessibility features
  • Transportation services and mobility equipment
  • Ongoing medication and medical supplies
  • Home healthcare services

Lost Income and Earning Capacity

  • Immediate loss of wages during recovery
  • Reduced earning capacity due to cognitive impairments
  • Career limitations and job retraining needs
  • Family member income loss due to caregiving responsibilities
  • Social Security Disability and benefit coordination

Understanding the true recovery costs is essential for building a comprehensive legal case.

Legal Rights for TBI Victims in Texas

Establishing Liability

To recover compensation for a traumatic brain injury, you must prove:

  1. Duty of Care: The defendant owed you a legal duty to act reasonably
  2. Breach of Duty: The defendant failed to meet the standard of care
  3. Causation: The defendant's actions directly caused the brain injury
  4. Damages: You suffered actual harm and losses from the TBI

The Discovery Rule in TBI Cases

Texas law recognizes that TBI symptoms may not be immediately apparent. The discovery rule may extend the statute of limitations to two years from when the injury was discovered or reasonably should have been discovered, rather than from the date of the accident.

Types of Compensation Available

Economic Damages

  • Medical Expenses: Past and future treatment costs
  • Rehabilitation Costs: Physical, occupational, and speech therapy
  • Lost Wages: Income lost during recovery and treatment
  • Loss of Earning Capacity: Reduced future income potential
  • Life Care Costs: Long-term care and assistance needs
  • Home Modifications: Accessibility improvements and adaptations

Non-Economic Damages

  • Pain and Suffering: Physical discomfort and emotional distress
  • Mental Anguish: Psychological impact and emotional trauma
  • Loss of Enjoyment of Life: Inability to participate in activities
  • Disfigurement: Permanent scarring or physical changes
  • Loss of Consortium: Impact on family relationships and companionship

Punitive Damages

In cases involving gross negligence or intentional misconduct:

  • Drunk driving accidents causing TBI
  • Employer negligence in workplace safety
  • Medical malpractice involving reckless behavior
  • Product liability cases with known defects

TBI Settlement Values and Factors

Average Settlement Ranges

TBI settlements vary widely based on injury severity and long-term impact:

  • Mild TBI: $100,000 - $150,000
  • Moderate TBI: $150,000 - $500,000
  • Severe TBI: $500,000 - $5 million+

Factors Affecting Settlement Value

Injury Severity and Prognosis:

  • Glasgow Coma Scale score at time of injury
  • Length of unconsciousness or coma
  • Degree of cognitive and functional impairment
  • Likelihood of recovery and improvement

Age and Life Expectancy:

  • Younger victims typically receive higher settlements
  • Longer life expectancy increases lifetime care costs
  • Impact on career development and earning potential

Pre-Injury Lifestyle and Abilities:

  • Education level and professional achievements
  • Income history and career trajectory
  • Athletic abilities and recreational activities
  • Family roles and responsibilities

Quality of Legal Representation:

  • Experience with complex TBI litigation
  • Access to medical experts and life care planners
  • Track record of significant TBI settlements
  • Resources to pursue maximum compensation

Building a Strong TBI Case

Immediate Steps After a Brain Injury

  1. Seek Emergency Medical Care: Even if symptoms seem mild
  2. Document Everything: Keep all medical records and treatment notes
  3. Report the Incident: Notify relevant authorities or property owners
  4. Preserve Evidence: Photos, witness statements, and accident reports
  5. Contact an Attorney: Protect your legal rights from the beginning

Learn about the essential steps after suffering catastrophic injury to protect your legal rights.

Medical Documentation and Evidence

  • Emergency room records and diagnostic imaging
  • Neurological evaluations and cognitive testing
  • Rehabilitation assessments and progress notes
  • Expert medical testimony about prognosis and care needs
  • Life care planning for future medical requirements

Working with Medical Experts

Our legal team collaborates with:

  • Neurologists and neurosurgeons
  • Neuropsychologists and cognitive specialists
  • Rehabilitation medicine physicians
  • Life care planners and economists
  • Vocational rehabilitation experts

Learn about assembling your catastrophic injury recovery team for the best possible outcome.

Insurance Challenges in TBI Cases

Common Insurance Company Tactics

Insurance companies often attempt to minimize TBI claims by:

  • Arguing the injury was pre-existing or unrelated
  • Disputing the severity of cognitive impairments
  • Challenging the need for long-term care
  • Offering quick settlements before the full extent is known
  • Using their own medical experts to minimize claims

Learn about insurance company tactics and how to protect yourself.

Policy Coverage Considerations

  • Personal injury protection (PIP) coverage limits
  • Uninsured/underinsured motorist protection
  • Homeowner's and commercial liability policies
  • Workers' compensation for workplace injuries
  • Medical payments coverage and health insurance coordination

Frequently Asked Questions

What is a traumatic brain injury?

A traumatic brain injury (TBI) is an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment. TBIs can range from mild concussions to severe, life-altering brain damage.

How long do I have to file a TBI lawsuit in Texas?

Texas has a two-year statute of limitations for traumatic brain injury claims. However, the discovery rule may apply when symptoms are not immediately apparent, extending the deadline to two years from when the injury was discovered or should have been discovered.

What compensation is available for traumatic brain injury victims?

TBI victims may recover medical expenses, rehabilitation costs, lost wages, future care needs, pain and suffering, and loss of earning capacity. Settlements typically range from $100,000 to $5 million depending on injury severity and long-term effects.

Can I file a claim if the TBI wasn't diagnosed immediately?

Yes, the discovery rule in Texas allows claims to be filed within two years of when the TBI was discovered or reasonably should have been discovered. Many brain injuries have delayed symptoms that don't appear until weeks or months after the accident.

What if I can no longer work due to my brain injury?

You may be entitled to compensation for lost wages and reduced earning capacity. This includes both immediate income loss and the long-term impact on your ability to earn money in the future.

How much does it cost to hire a TBI attorney?

Our firm works on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your case. We advance all case expenses, so there are no upfront costs to pursue your claim.

What types of accidents commonly cause TBIs?

Common causes include motor vehicle accidents, falls, sports injuries, workplace accidents, medical malpractice, and violence. Any incident involving a blow or jolt to the head can potentially cause a traumatic brain injury.

Do mild TBIs require legal action?

Even mild TBIs can have significant long-term effects and require extensive treatment. If your injury was caused by someone else's negligence, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.

How long does a TBI lawsuit take?

TBI cases are complex and often require extensive medical documentation and expert testimony. Cases typically take 12-24 months or longer, depending on the severity of the injury and the strength of the evidence.

What should I avoid saying to insurance companies?

Don't give recorded statements, sign releases, or accept settlement offers without speaking to an attorney first. Insurance companies may use your statements against you or offer settlements that don't cover your full damages.

Experienced Legal Representation for TBI Victims

T. Micah Dortch and our legal team understand the devastating impact traumatic brain injuries have on victims and their families. With over 1,000 federal and state court matters as lead trial counsel, we have the experience and resources necessary to handle complex TBI litigation and secure maximum compensation for our clients.

We work on a contingency fee basis—you pay no attorney fees unless we recover compensation for your case.

Why Choose Dortch Lindstrom Livingston Law Group?

TBI-Specific Expertise

  • Deep understanding of brain injury medical complexities
  • Experience with mild to severe TBI cases
  • Knowledge of long-term care planning and life care costs
  • Track record of significant TBI settlements and verdicts

Comprehensive Case Development

  • Collaboration with leading medical experts
  • Thorough investigation and evidence gathering
  • Life care planning and economic analysis
  • Aggressive negotiation with insurance companies

Compassionate Client Service

  • Understanding of the emotional impact on families
  • Clear communication about complex medical and legal issues
  • Personal attention from experienced attorneys
  • Support throughout the lengthy recovery process

Related Practice Areas

If your brain injury involved specific circumstances, you may also benefit from our related legal services:

Additional Resources