Understanding Your Rights After a Traumatic Brain Injury in a Texas Car Crash
A traumatic brain injury can change your life in seconds, even if the damage is not visible. Concussions and other forms of mild TBI are common in car crashes across Texas, often leading to lasting problems with memory, mood, and focus. Many victims do not realize they can file a lawsuit for these injuries.
In this blog, you will learn how traumatic brain injuries are diagnosed, what legal rights you have after a car crash in Texas, what compensation may be available, and why working with an experienced Dallas personal injury attorney can help protect your claim.
What Is a Concussion or Mild TBI?
A concussion is a form of mild traumatic brain injury that can result from sudden impact to the head, often seen in motor vehicle crashes. Although labeled “mild,” this type of brain injury can cause serious and lasting effects.
How a Concussion Happens
A concussion occurs when an external force causes the brain to move rapidly inside the skull. This sudden movement can damage brain cells and affect brain function. The injury may happen even without a direct blow to the head. Whiplash from a car accident can also cause a mild TBI. This type of injury is classified as a closed head injury because the skull does not break.
Common Symptoms of Mild Traumatic Brain Injury
Symptoms of a mild TBI may appear right after the injury or develop over several days. They include headache, dizziness, confusion, memory problems, slurred speech, and blurred vision. Some people experience changes in sleep patterns or mood. Emotional symptoms such as irritability or anxiety are also common. These signs may be subtle but are important indicators of damage to brain tissue and nerve cells.
Why Mild Does Not Mean Minor
A mild traumatic brain injury is still a serious health issue. It can affect daily life and lead to long-term cognitive difficulties. Even without visible injuries like skull fractures, a concussion can impair blood flow to the brain and disrupt normal brain function. Ignoring symptoms or failing to treat them can lead to further injury or prolonged recovery.
Diagnosing Mild TBI
Doctors diagnose mild TBI using a mix of physical exams, imaging tests such as CT or MRI scans, and patient history. However, standard scans may not always detect damage from a concussion. Neurological assessments and close monitoring of symptoms are often required. Blood tests may also be used to detect brain injury biomarkers.
The Importance of Early Action
Recognizing a mild TBI early can improve the outcome. Treatment often includes rest, medication for symptoms, and therapies such as physical therapy or speech therapy. In some cases, ongoing care is needed to manage long-term effects like cognitive or emotional changes.
Can You File a Lawsuit for a Mild TBI in Texas?
If you suffered a mild traumatic brain injury in a car crash caused by someone else, you may have the legal right to seek compensation in Texas.
Legal Basis for Filing a Claim
Under Texas law, you can file a personal injury lawsuit if another person’s negligence caused your injury. A mild TBI from a motor vehicle crash meets this standard if you can prove the other party acted carelessly or broke a traffic law. Texas Civil Practice & Remedies Code § 41.001 outlines the right to recover damages in cases involving personal injury caused by negligence or wrongful conduct.
What You Must Prove
To succeed in a personal injury claim for a mild traumatic brain injury, you must prove four key elements:
- The other party had a legal duty to act safely.
- They breached that duty.
- Their actions directly caused your traumatic brain injury.
- You suffered damages such as medical bills, lost wages, or emotional harm.
This applies whether your injury was caused by a rear-end collision, distracted driving, or any other type of crash involving blunt force trauma.
Why Mild TBI Still Qualifies
Even though it is called “mild,” a concussion can cause significant problems. Memory issues, blurred vision, cognitive difficulties, and emotional symptoms may all follow. These symptoms can interfere with work, school, and personal life. The long-term effects of a mild TBI are real and medically documented. Texas law does not require a severe traumatic brain injury to qualify for compensation.
Statute of Limitations
In Texas, you have two years from the date of the crash to file a personal injury lawsuit. This deadline is strict. Waiting too long may prevent you from recovering any damages, even if your injury is clear and supported by medical evidence.
When to Contact a Personal Injury Lawyer
If you believe your mild TBI was caused by another driver’s actions, it is important to speak with a Texas personal injury attorney. An attorney can help gather evidence, work with medical experts, and file your claim within the time limits. Early legal advice can also protect you from insurance company tactics that try to downplay the severity of your injury.
Proving a Traumatic Brain Injury After a Car Crash
To receive compensation for a traumatic brain injury after a car crash, you must present clear and convincing evidence of the injury and its impact.
Why Proof Is Difficult
Mild traumatic brain injuries often do not appear on standard imaging tests like CT scans or MRIs. This makes it harder to prove the injury compared to visible injuries like broken bones or skull fractures. Many concussion symptoms, such as confusion, slurred speech, or mood changes, are subjective and may be dismissed without proper documentation.
Medical Evidence
Strong medical evidence is the foundation of any traumatic brain injury claim. This includes:
- Emergency room records
- Neurological exams
- Brain scans, when available
- Reports from specialists in traumatic brain injury or neurological disorders
Doctors may also use tools such as blood tests or cognitive evaluations to help diagnose mild TBI and assess the severity of symptoms like memory loss, blurred vision, or speech problems.
Symptom Documentation
Keeping a detailed record of your symptoms is critical. Track physical signs like headaches, dizziness, or balance issues. Include emotional symptoms such as anxiety or irritability. Document changes in sleep patterns, eating habits, and concentration. These records help connect the injury to the crash and support the claim that your brain function was affected.
Witness and Family Statements
Statements from people who know you well can help prove the effects of the injury. A spouse, friend, or coworker may notice behavior changes, mood swings, or trouble focusing. Their input can confirm what doctors cannot see in a scan and show how the injury has changed your daily life.
Expert Testimony
Medical experts, especially neurologists or brain injury specialists, can explain how a concussion or mild TBI affects the brain. They can also describe the long-term impact of diffuse axonal injury, cognitive difficulties, or emotional symptoms. Expert opinions carry weight in court and help support the claim for damages.
Legal Support
A personal injury lawyer with experience in traumatic brain injury cases can guide you through collecting and presenting this evidence. This step is essential when dealing with insurance companies that may question the seriousness of a mild TBI. The more evidence you have, the stronger your case will be.
Compensation for TBI Victims in Texas
Victims of traumatic brain injury in Texas may be entitled to compensation for the physical, emotional, and financial effects of their injury.
Types of Compensation Available
Texas law allows TBI victims to seek both economic and non-economic damages. Economic damages cover measurable losses such as medical bills, rehabilitation costs, lost wages, and future treatment expenses. Non-economic damages include pain and suffering, emotional distress, and reduced quality of life. These apply even in cases of mild traumatic brain injury if the symptoms affect daily living.
Long-Term Costs of Traumatic Brain Injury
A brain injury can result in long-term or permanent changes in brain function. This may include memory problems, slurred speech, mood changes, and physical limitations. Some victims require speech therapy, physical therapy, or long-term care. Costs can rise quickly if the TBI causes recurrent seizures, cognitive difficulties, or changes in sleep patterns or eating habits. Compensation should reflect both current and future needs.
Factors That Affect the Value of a TBI Claim
Several factors determine how much a TBI claim is worth. These include:
- Severity of the traumatic brain injury
- Type of symptoms and how they limit work or daily activities
- Length and type of medical treatment
- Impact on relationships and emotional health
- Expert testimony supporting the diagnosis and long-term effects
A severe TBI with clear physical damage such as skull fractures or brain bleeding may lead to a higher payout. However, a well-documented mild TBI with ongoing symptoms can also result in significant compensation.
Role of a Personal Injury Lawyer
A personal injury lawyer can help build a strong case by gathering medical records, calculating damages, and negotiating with insurers. Insurance companies often try to minimize the value of a concussion or mild TBI. Legal support is important to make sure the compensation matches the impact of the injury.
Consult With an Experienced Dallas Personal Injury Attorney ASAP!
If you or someone you care about has experienced a traumatic brain injury after a car crash in Texas, it is important to take action as soon as possible. The effects of even a mild TBI can be serious and long-lasting, impacting your ability to work, think clearly, or live comfortably. Our team at Texas Lawyers 365 is here to help.
Contact us at 800-800-8000 for a free consultation today!
