Traumatic Brain Injuries in Texas: The Long Road Toward Healing and Justice

A traumatic brain injury doesn’t just affect the victim—it reshapes entire families. Whether caused by a car crash, workplace incident, or fall, TBIs often lead to lifelong challenges. Texas law recognizes the profound impact of these injuries, giving victims a legal pathway to seek compensation for medical care, lost income, and future needs.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when an external force disrupts normal brain function—such as a sudden blow, jolt, or penetration of the skull. The Centers for Disease Control and Prevention (CDC) classifies TBIs as mild (like concussions), moderate, or severe depending on loss of consciousness, brain imaging, and neurological impact.

In Texas, head and brain injuries are recognized as serious bodily injuries under the Texas Penal Code § 1.07(46), which defines “serious bodily injury” as any injury that “creates a substantial risk of death or causes serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ”. The brain qualifies as one of those vital organs.

Common Causes of Brain Injuries in Texas

Traumatic brain injuries can occur in various circumstances, but some of the most common include:

• Car, truck, or motorcycle accidents — Sudden impact or ejection from a vehicle can lead to severe head trauma.

• Falls — Slip-and-fall or workplace falls are leading causes of TBI, especially among construction workers.

• Sports or recreational injuries — Football, cycling, and ATV accidents often result in concussions.

• Workplace accidents — Falling equipment, explosions, and heavy machinery accidents frequently cause brain injuries.

• Acts of violence — Assaults, gunshot wounds, or child abuse (such as shaken baby syndrome).

Under the Texas Dram Shop Act, establishments that serve alcohol to someone who is “obviously intoxicated to the extent that the person presents a clear danger to themselves and others” can be held civilly liable if that person later causes injury or death (Texas Alcoholic Beverage Code § 2.02).

Texas Law on Liability and Compensation

Under the Texas Civil Practice and Remedies Code, individuals or companies whose negligence causes injury can be held financially responsible for damages. These damages may include:

• Medical expenses (past and future)

• Lost income and reduced earning capacity

• Pain and suffering

• Loss of consortium for family members

• Long-term rehabilitation and care costs

If the injury occurred due to gross negligence—such as reckless driving or unsafe work conditions—Texas law may also allow for exemplary (punitive) damages to deter similar misconduct.

The Role of Comparative Negligence in Texas

Texas follows a modified comparative negligence rule under Chapter 33 of the Civil Practice and Remedies Code, meaning an injured person can still recover compensation even if they were partially at fault—so long as they are not more than 50% responsible for the accident. Any damages awarded are reduced by the claimant’s percentage of fault.

For example, if a jury awards $1,000,000 but finds the injured party 20% at fault, the recovery would be reduced to $800,000.

Long-Term Effects of TBI

A brain injury often affects more than just the victim’s health. Many patients experience:

• Memory loss or difficulty concentrating

• Personality or behavioral changes

• Chronic headaches and fatigue

• Difficulty speaking or walking

• Emotional distress for both the victim and their family

These symptoms can persist for months—or become permanent. Early medical treatment and continued rehabilitation are essential to maximize recovery.

Workers’ Compensation and Brain Injuries

For employees injured on the job, Texas Labor Code § 21.001 et seq. protects workers from discrimination and ensures fair compensation for qualifying disabilities. However, Texas is unique in that not all employers carry workers’ compensation insurance. If an employer is a non-subscriber, injured workers may pursue direct negligence claims through the civil court system for full compensation beyond medical benefits.

What To Do After a Brain Injury in Texas

If you or a loved one has suffered a TBI:

1. Seek immediate medical attention. Even mild concussions can worsen if untreated.

2. Document everything. Keep medical reports, witness statements, and photos of the accident scene.

3. Notify your employer if the injury occurred at work.

4. Consult a qualified personal injury lawyer experienced in handling complex brain injury cases under Texas law.

Understanding your rights early can make a significant difference in the outcome of your claim.

Internal and External Resources

• Texas Department of Insurance – Workers’ Compensation Division

• Centers for Disease Control and Prevention – TBI Information

• Ted B. Lyon & Associates – Brain and Head Injury Resources

• Texas Civil Practice and Remedies Code, Title 4 – Liability in Tort

Frequently Asked Questions About Brain Injuries in Texas

What is the statute of limitations for a TBI claim in Texas?
Generally, you must file a personal injury lawsuit within two years from the date of the injury (Texas Civil Practice and Remedies Code § 16.003).

Can a mild concussion be part of a personal injury claim?
Yes. Even mild TBIs can lead to long-term symptoms and qualify for compensation if caused by another party’s negligence.

Are punitive damages available in TBI cases?
Yes, when the responsible party’s conduct is grossly negligent or reckless—such as drunk driving or willful safety violations.

Disclaimer

This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized legal counsel, contact Ted B. Lyon & Associates.