Traumatic Brain Injuries: What Legal Rights Do Victims Have After a TBI?
A traumatic brain injury (TBI) can change a person’s life in an instant. Whether it’s the result of a car crash, workplace accident, slip and fall, or violent act, the damage to the brain can leave lasting physical, emotional, and cognitive effects. In many cases, victims face significant medical bills, long rehabilitation periods, lost income, and major shifts in their relationships and routines.
If someone else’s carelessness or recklessness caused the injury, Texas law gives TBI victims certain rights. Knowing what those rights are and how to act on them can make all the difference in rebuilding after a TBI. My law firm at Jose Orihuela, Attorney at Law in Webster, Texas, can help you know what steps to take if you or a loved one has suffered a traumatic brain injury.
Legal Rights TBI Victims Have in Texas
If you suffered a traumatic brain injury due to someone else’s negligence or wrongdoing, Texas law gives you the right to pursue compensation through a personal injury claim. This applies whether your injury happened in a car wreck, on someone else’s property, or at work. Here’s what Texas TBI victims can legally do:
File a personal injury claim: You can take legal action against the individual, company, or entity responsible for your injury.
Seek compensation for damages: Victims may recover compensation for medical expenses, lost wages, pain and suffering, and more.
Access ongoing care support: Legal action can provide funds to pay for long-term rehabilitation and home care services.
Include future costs in claims: If your injury will affect your ability to work or function long-term, that can be factored into your claim.
Hold negligent parties accountable: You have the right to demand responsibility from those whose actions or inaction caused harm.
These rights give victims a pathway to financial recovery, but proving a TBI case takes solid evidence and a strong legal strategy.
Establishing Liability in a TBI Case
Proving who’s at fault is one of the most important parts of any personal injury case. In Texas, liability depends on a legal principle called “negligence.” You’ll need to show that the other party had a duty to act with care, failed in that duty, and caused your injury as a result. Parties that may be liable in a TBI case include:
Drivers: In car accidents, another driver might be responsible if they were speeding, driving under the influence, texting behind the wheel, or otherwise driving recklessly. TBIs are common in high-speed crashes, head-on collisions, or when a pedestrian or cyclist is hit by a vehicle.
Property owners: If you slipped, tripped, or fell on someone else’s property, the owner might be liable for not fixing dangerous conditions such as wet floors, poor lighting, loose handrails, or uneven walkways.
Employers: Workplace accidents are another leading cause of brain injuries, particularly in construction, oil and gas, warehousing, and manufacturing. If an employer failed to follow safety protocols, didn’t provide proper training or protective gear, or ignored OSHA regulations, they could be held responsible.
Product manufacturers: When a defective product, such as a helmet, vehicle part, ladder, or piece of machinery, leads to a brain injury, the company that designed, made, or sold the item might be legally at fault. These are known as product liability claims and can involve failure to warn, design flaws, or manufacturing defects.
Healthcare providers: In rare but serious situations, a traumatic brain injury may be caused or worsened by medical negligence. For example, a doctor who failed to diagnose a brain bleed or improperly administered anesthesia during surgery could be liable for resulting harm.
In many cases, multiple parties might share the blame. Texas uses a system called “proportionate responsibility,” which means each party is assigned a percentage of fault. If you’re found partly at fault, your compensation may be reduced, but you can still recover as long as you’re less than 51% responsible.
Types of Compensation Available to TBI Victims
Once liability is proven, the next step is identifying the types of compensation, or “damages,” you may be entitled to receive after a traumatic brain injury. These damages fall into two main categories: economic and non-economic. Here are common forms of compensation available in Texas TBI claims:
Medical bills: Covers hospital stays, surgeries, rehab, medications, and assistive devices.
Lost income: Reimbursement for time off work or loss of future earning ability.
Pain and suffering: For the emotional and physical toll the injury has taken on your life.
Loss of enjoyment: If you can’t participate in activities you once loved.
Permanent disability: Additional compensation if the injury leaves you with lasting impairment.
Home and vehicle modifications: Costs related to making your environment more accessible.
Loss of consortium: For spouses affected by the loss of companionship or relationship strain.
In rare cases where the injury resulted from gross negligence or intentional harm, punitive damages may also be available to punish the wrongdoer.
How to Strengthen a TBI Claim
Building a successful traumatic brain injury claim requires more than just telling your story—it takes clear, documented proof. From the moment the injury happens, every step matters. Ways to strengthen your TBI case include:
Get medical attention immediately: A doctor’s diagnosis forms the foundation of your claim.
Keep all medical records: These documents prove the severity and cost of your injury.
Follow your treatment plan: Skipping care can hurt your credibility in court.
Gather evidence from the scene: Photos, witness statements, and police reports are key.
Track how your life has changed: Keep a journal detailing your symptoms and struggles.
Don’t give recorded statements without a lawyer: Insurance companies may twist your words.
Work with a qualified attorney: They can help build the case, deal with insurers, and represent you in court if needed.
A traumatic brain injury often affects memory and focus, which makes it even more important to document everything from the start.
Statute of Limitations for TBI Claims in Texas
In Texas, you don’t have an unlimited amount of time to file a personal injury lawsuit. The law sets a two-year statute of limitations from the date of the injury, according to the Texas Statutes. If you miss that window, you could lose your right to compensation altogether. That said, there are a few exceptions:
Delayed discovery: If the injury wasn't immediately discovered, the clock might start later.
Minors: If the victim is under 18, the statute may be paused until they reach adulthood.
Government claims: If your injury involved a government entity (like a city-owned bus or property), you must give notice quickly—sometimes within just six months.
Because these rules can vary, it's best to act quickly and speak with a personal injury lawyer who handles TBI cases.
Challenges Unique to TBI Victims
Traumatic brain injuries can be especially tough in legal cases because the damage isn’t always visible. Unlike a broken bone or a scar, a brain injury often affects cognition, mood, memory, and behavior—things that can be hard to show in photos or test results. Challenges TBI victims may face include:
Invisible symptoms: Others may not believe you’re hurt if you look “normal.”
Unpredictable recovery: Healing times vary, making it hard to estimate future costs.
Mental health effects: Depression, anxiety, and PTSD often go hand-in-hand with TBIs.
Bias from insurers: Insurance companies may try to downplay your injury or claim it’s unrelated.
Limited understanding: Even some medical professionals struggle to diagnose or treat TBIs properly.
These challenges can make it harder to win a fair settlement. That’s why having an attorney familiar with traumatic brain injury cases can be a major advantage.
Reach Out Today
Traumatic brain injuries can leave deep scars, but Texas law offers a path forward. A dedicated personal injury lawyer like myself can help you take the next step forward with confidence. I serve clients in Santa Fe, Seabrook, Kemah, Bacliff, Dickinson, Houston, Alvin, League City, Friendswood, Clear Lake, South Houston, and Webster, Texas. Reach out to my firm at Jose Orihuela, Attorney at Law, today for a free consultation.