Houston Brain Injury Lawyer
Houston brain injury attorneys at Trey Barton Law represent victims who suffered traumatic brain injuries through another party’s negligence. If a car crash, workplace accident, or fall left you or a loved one with a TBI, our trial-ready legal team pursues full compensation for medical bills, lost wages, and long-term care.
Traumatic brain injuries (TBIs) can affect memory, communication, physical abilities, emotions, employment, and independence. When another person, business, employer, or organization causes a head or brain injury through negligence, victims may have the right to recover compensation for the harm they’ve suffered.
For a free, no-obligation consultation, call 832-916-2526. You don’t pay unless you win.
Why Choose a Houston Brain Injury Lawyer From Trey Barton Law
A traumatic brain injury case requires more than proving that an accident occurred. Houston brain injury attorneys must hire medical experts, reconstructionists, and others with specific expertise. They must have extensive experience negotiating with insurance companies and understand the long-term effects, making these cases significantly more complex than other personal injury cases.
Our law firm helps victims injured in truck and car crashes, workplace accidents, falls, and other dangerous situations. The firm focuses on understanding how the injury happened and how the condition has affected the victim’s health, finances, and future.
An experienced brain injury lawyer in Houston, TX, can help gather evidence, communicate with insurance companies, and build a claim that reflects the full impact of a traumatic brain injury. This includes documenting medical treatment, rehabilitation needs, lost income, and ongoing challenges caused by the injury.
Our law firm prepares cases with the knowledge that insurers will attempt to minimize the value of a serious brain injury claim. A trial-focused approach helps ensure each case is developed with the evidence and preparation needed if litigation becomes necessary.
You can meet the attorneys who handle these cases to learn more about the team representing injured clients. You can also learn more about trial attorney Trey Barton and how the firm approaches personal injury litigation.
Trey Barton Law offers a free consultation so accident victims can determine if legal counsel is appropriate. To schedule a free consultation, contact the law firm by calling 832-916-2526.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) is damage caused by an external force, such as a blow, bump, or jolt to the head or an object that penetrates the skull. A TBI can range from a mild concussion that causes temporary symptoms to severe brain damage that results in permanent impairments, disability, or the need for long-term medical care.
National CDC data shows that traumatic brain injuries contribute to significant numbers of emergency department visits, hospitalizations, and fatalities annually. The CDC also identifies falls, car accidents, assaults, and firearm-related injuries as major causes of TBIs.
According to the Brain Injury Association of America, Texas has the second-highest number of TBI cases in the U.S., with approximately 144,000 Texans sustaining a traumatic brain injury (TBI) annually. An estimated 381,000 Texans currently live with a permanent TBI-related disability.
Closed Head Injury
A closed head injury occurs when the skull is not penetrated, but brain cells are damaged by impact, movement, or internal forces. Closed head injuries frequently occur in sports, the workplace, falls, or car accidents.
Types of closed head injuries include:
- Concussion: A concussion is a traumatic brain injury that temporarily affects normal brain function after a blow, bump, or jolt.
- Cerebral Contusion: A cerebral contusion occurs when brain tissue is bruised after a direct impact to the head.
- Intracranial Hematoma: An intracranial hematoma occurs when blood collects inside the skull and places pressure on brain cells.
- Diffuse Axonal Injury (DAI): DAI occurs when rapid movement causes stretching and tearing of nerve fibers in the brain.
- Cerebral Edema: Cerebral edema involves swelling of brain tissue, which can increase pressure inside the skull.
- Chronic Traumatic Encephalopathy (CTE): recurring concussions, often seen in sports injuries.
Common causes of closed head injuries include:
- Direct blunt impact: A strike to the head from another object, a fall, or a collision.
- Rapid deceleration or acceleration: Sudden changes in movement that cause the brain to move inside the skull.
- Coup-contrecoup injury: Damage occurring at both the impact site and the opposite side of the brain.
- Rotation or shearing force: Twisting movements that damage brain structures and nerve connections.
Open Head Injury
An open head injury occurs when trauma breaks through the skull. Open head injuries are often associated with severe cases involving penetrating objects, crushing forces, or explosive events.
Types of open head injuries include:
- Penetrating: An object enters the skull.
- Perforating: An object enters and exits the skull.
- Open skull fracture: A skull fracture creates an opening between the outside environment and the brain.
- Tangential: An object damages the skull or brain without completely entering the skull.
- Cerebrating: A severe injury involving disruption of brain tissue.
Common causes of open head injuries include:
- High or low velocity penetration: Objects moving at different speeds can cause penetrating brain trauma.
- Crush or blunt force trauma: Severe force can fracture the skull and damage underlying brain tissue.
- Blast or shrapnel exposure: Explosive forces can create both penetrating and pressure-related brain injuries.
Determining Brain Damage Severity: GCS Range & Typical Recovery Outcomes
Doctors often use the Glasgow Coma Scale to evaluate consciousness and neurological response after a brain injury. Severity classifications should be reviewed with medical professionals because individual recovery outcomes vary.
| Severity Level | Description / GCS Range | Common Symptoms | Typical Outlook |
|---|---|---|---|
| Mild TBI | Often associated with temporary neurological disruption | Headache, dizziness, confusion, fatigue, concentration problems | May improve; some experience persistent symptoms |
| Moderate TBI | Greater cognitive impairment requiring additional medical attention | Cognitive issues, physical limitations, prolonged confusion | Varies depending on injury severity and treatment |
| Severe TBI | Significant brain dysfunction requiring extensive care | Loss of consciousness, major physical or cognitive impairment | Typically involves permanent impairment or long-term support needs |
Common Causes of Brain Injuries in Houston, TX
Traumatic brain injuries often result from sudden impacts, violent movements, or powerful forces. Our brain injury lawyers in Houston, TX, often handle TBI cases involving car accidents, refineries, construction sites, and industrial facilities.
According to the CDC’s data on how brain injuries happen, the most common causes of traumatic brain injuries include falls, firearm incidents, violent acts, collisions, and assaults.
A Houston brain injury attorney can investigate whether negligence contributed to a traumatic brain injury. Our lawyers review accident reports, medical records, workplace documentation, and other evidence to determine what caused the injury, identify responsible parties, and pursue maximum compensation for the resulting damages.
Common causes of traumatic brain injury include:
- Car accidents & other motor vehicle accidents: Collisions create powerful forces that move the person’s brain inside the skull. Houston car accident brain injuries may result from sudden stops or rapid changes in motion. Commercial truck accidents also commonly lead to serious head trauma and require comprehensive investigations. Additionally, bus accident victims may also have claims against public entities or private carriers.
- Falls: Falls are the leading cause of TBI-related hospitalizations and can result in severe head trauma when a person strikes the ground, equipment, or another surface.
- On-the-job accidents: TBIs suffered on the job can result from falls, equipment failures, unsafe practices, or failures to maintain proper safety standards. Our law firm often handles brain injuries on construction sites and other similar cases.
- Struck-by and crush incidents: Falling objects, equipment failures, and machinery accidents can cause significant head trauma. Severe cases may also result in other injuries, such as amputations and crush injuries in Texas, requiring extensive medical care, rehabilitation, and long-term support.
- Fires and explosions: Blast forces from industrial fires, workplace explosions, and other catastrophic events can cause traumatic brain injuries even when the head does not directly strike an object. We handle Texas fire and explosion accident cases caused by unsafe conditions, equipment failures, or other negligent actions.
Understanding what caused a traumatic brain injury is an important part of determining liability and documenting the full extent of damages. The circumstances surrounding the accident may affect claims involving medical expenses, rehabilitation, lost income, future care needs, and the long-term effects of a serious brain injury.
Common Symptoms & Long-Term Effects of Traumatic Brain Injuries
Traumatic brain injury symptoms don’t always appear immediately. Even the most common symptoms can develop days or weeks later. Delayed TBI symptoms are one reason victims underestimate serious head injuries after a car accident, fall, or other cause. Loss of consciousness isn’t always required for a brain injury.
According to NINDS, traumatic brain injuries (TBIs) can lead to a range of emotional, physical, and cognitive impairments and symptoms that vary widely, depending on the location and seriousness.
Recognizing signs of a concussion and other head injury symptoms is important because severe brain injuries affect the individual’s ability to work, communicate, and maintain independence. Our Houston brain damage lawyer team understands the challenges and long-term effects of TBIs and fights to ensure clients receive the rehabilitation and support they need.
If you’ve suffered a serious head injury and experience the following symptoms, you may have sustained significant brain trauma:
- Physical: Headaches, dizziness, nausea, fatigue, balance problems, sleep disturbances, and sensory changes that may interfere with daily activities and job responsibilities.
- Cognitive: Memory loss, confusion, difficulty concentrating, slowed thinking, and problems with reasoning, decision-making, or completing familiar tasks.
- Emotional and behavioral: Mood swings, depression, anxiety, irritability, personality changes, and difficulty managing emotions after an injury.
- Severe warning signs: Repeated vomiting, seizures, loss of consciousness, worsening headaches, increasing confusion, or significant changes in behavior may require immediate medical attention.
The long-term effects of brain injuries depend on how brain cells are affected, the area of brain trauma, and the medical treatment or surgery received. Some accident victims recover with medical care and rehabilitation, while others experience permanent impairment.
If you’ve suffered a severe traumatic brain injury (TBI) from someone else’s negligence, our personal injury law firm can help build a strong case to help you secure maximum compensation. When insurers don’t offer fair settlements, we’re prepared to litigate traumatic brain injury lawsuits in civil court.
Compensation and Damages in a Houston Brain Injury Lawsuit
Our Houston brain injury lawyers help accident victims seek financial compensation for the consequences of traumatic brain injuries. Brain injury claims can include both economic and non-economic damages. Economic losses focus on financial aspects, while non-economic damages address the impact on the person, such as pain and suffering, emotional effects, and reduced quality of life.
Potential damages for traumatic brain injuries may include:
- Medical expenses: Emergency care, hospitalization, surgery, rehabilitation, therapy, medications, and future medical treatment.
- Lost wages and future earning capacity: Loss of income and reduced ability to work in the future.
- Pain and suffering: Physical discomfort, emotional distress, and the personal effects of living with a TBI.
- Loss of enjoyment of life: Limitations on hobbies, activities, independence, and daily experiences.
- Loss of consortium or companionship: The effect an injury has on relationships with spouses and family members.
- Wrongful death damages: Certain losses associated with the death of a loved one after a fatal traumatic brain injury. This can include funeral expenses, loss of support, and other losses for families.
- Past and future medical bills
- Lost wages
- Loss of future earning capacity
- Rehabilitation and therapy
- Out-of-pocket expenses
- Home and vehicle modifications
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disfigurement and disability
- Loss of enjoyment
- Memory loss
In cases involving gross negligence, punitive damages may also be available. Third-party claims carry no cap on economic damages.
In one Houston truck accident TBI claim we handled, $ 2.1 million was recovered.
However, there isn’t a fixed settlement amount that applies to all head injury and traumatic brain injury cases. The value of personal injury cases depends on evidence, future care needs, lost wages, and the TBI’s effect on daily life.
A strong brain injury claim requires evidence of what happened and how the TBI changes the victim’s future. This can include medical records, testimony from expert medical professionals, accident reports, employment information, and other forms of evidence.
If a TBI resulted from negligence, a Houston brain injury lawyer can help pursue a personal injury case or, when applicable, a wrongful death claim.
Texas Brain Injury Laws & Filing Deadlines
How does Texas comparative negligence affect my recovery?
The Texas modified comparative negligence system reduces recovery by the victim’s percentage of fault. As long as the plaintiff is less than 50% responsible, they can still recover damages under Texas personal injury law.
How long do I have to file a brain injury claim in Texas?
Texas generally allows two years from the date of injury or death to file a lawsuit.
Legal deadlines can vary depending on the circumstances. Speaking with a traumatic brain injury attorney early can help identify deadlines, preserve evidence, and avoid losing potential legal rights.
Type | Filing Deadline | Governing Statute |
Personal Injury Lawsuit or Wrongful Death Lawsuit | Generally, two years from the date of injury or death | |
Lawsuit Against Government Entity | Additional notice requirements may apply |
Can I sue the government if a head or brain injury occurred on public property or was caused by a government vehicle?
When traumatic brain injury claims involve goverment workers, vehicles, or dangerous conditions on government property, the case is handled under the Texas Tort Claims Act. This creates limited exceptions to immunity, including:
- Negligent use/operation of a vehicle or motor-driven equipment. The most common example is a Houston bus accident involving a government entity, but it can also include government trucks, police vehicles, emergency vehicles, maintenance vehicles, and other government-operated vehicles.
- Personal injury cases resulting from dangerous conditions on public property or hazards the entity knew or should have known about and failed to address.
Injured Texans must file a written notice of a claim within 6 months under § 101.101. However, some entities have shorter deadlines.
Additionally, § 101.023 caps damages:
- State government entities: Up to $250,000 per person and $500,000 per occurrence
- Municipalities: Up to $250,000 per person and $500,000 per occurrence
- Other local governmental units: Up to $100,000 per person and $300,000 per occurrence
Texas Brain Injury Deadline Checker
Enter the date your injury occurred to estimate the personal injury filing deadline. Some exceptions may apply.
This calculator provides an estimate only and does not create an attorney-client relationship or replace legal advice. A lawyer should review your specific circumstances.
Get A Free Case ReviewHow a Houston Traumatic Brain Injury Lawyer Helps Throughout the Legal Process
Traumatic brain injury lawsuits require more than filing paperwork and negotiating with insurers. A Houston brain injury lawyer provides legal representation throughout the process, including explaining the victim’s options, gathering evidence, negotiating with insurers, and seeking fair compensation that addresses the full scope of harm.
Because TBIs often require lifelong care and financial consequences, careful preparation is essential.
Step | What Happens |
|---|---|
Consultation | Review accident details, injuries, and legal options |
Investigation | Gather records, evidence, and liability information |
Claim Process | Communicate with insurers and responsible parties |
Litigation | Prepare and pursue the case in court if necessary |
The legal process generally includes:
- Free consultation and case review: The process begins with reviewing the incident, medical treatment, injuries, and potential brain injury claims. This allows a Houston TBI attorney to identify important issues.
- Comprehensive investigation and evidence gathering: A legal team may collect healthcare records, incident reports, witness statements, job information, and other evidence needed to establish liability and the full scope of harm suffered.
- Filing the traumatic brain injury lawsuit and communicating with insurers: After reviewing the evidence, a TBI attorney can present the case to the parties responsible and their insurers, while protecting the client’s interests during negotiations.
- Negotiation: Insurance companies will attempt to minimize even severe brain injuries. TBI lawyers evaluate settlement offers and work closely with clients to ensure they recover maximum compensation.
- Litigation and trial if no fair offer is reached: If insurers refuse to offer fair settlements, the legal team is prepared to litigate in Harris County civil court.
To start with a free case review, injured individuals can discuss their situation and learn what options may be available.
What To Do After A Head or Brain Injury in Houston, TX
After sustaining a possible head injury or TBI, the first priority is seeking medical attention. Some traumatic brain injuries (TBI) have delayed symptoms. Medical professionals can help more if medical care is sought early.
The first steps include:
- Seek medical attention immediately, even if symptoms appear mild.
- Follow the doctor’s recommendations and attend follow-up appointments.
- Fully document symptoms, appointments, medications, and how the TBI affects daily activities.
- Preserve evidence, including photographs, witness information, and incident reports.
- Don’t give any statements to insurers before speaking to a Houston brain injury lawyer.
- Contact a Houston brain injury attorney for a free evaluation.
Houston Brain Injury Law Firm Service Areas
Our traumatic brain injury lawyers have a proven track record of success handling head injury and brain injury lawsuits throughout the Houston area, helping clients throughout Harris County, Fort Bend County, Brazoria County, and beyond.
Traumatic brain injury cases may involve local courts, physicians, employers, and insurers throughout the region. Understanding the local landscape can ensure clients are fully informed and receive maximum compensation in the aftermath of catastrophic brain injuries.
Harris County
Our personal injury law firm assists many car accident victims with TBI cases involving crashes on I-10, I-45, US-59/I-69, the Sam Houston Tollway, and the Westpark Tollway. Harris County also has one of the largest industrial sectors in the country. Serious brain injury victims often seek immediate medical attention from Memorial Hermann-Texas Medical Center and follow-up care from programs focused on neurological recovery.
Harris County Civil Courts handle brain injury claims, where our brain injury lawyers help clients seek maximum compensation for medical expenses, lost wages, reduced earning ability, and the impact of permanent cognitive impairments.
Whether you suffered a traumatic brain injury from a crash or were harmed along the Houston Ship Channel, our Houston traumatic brain injury lawyers have the extensive experience required to maximize settlement offers.
Fort Bend County (Richmond, Rosenberg, Sugar Land area)
Injury claims in Richmond, Sugar Land, Rosenberg, Missouri City, and Katy typically stem from truck or car accidents onUS-59/I-69, the Grand Parkway (SH-99), and FM roads.
Common causes of traumatic brain injuries in Fort Bend County include truck and car crashes, workplace incidents, and falls. As experienced brain injury lawyers, we also often handle TBI cases from construction sites and other job-related hazards.
Fort Bend County brain injury victims face significant challenges, including hospitalization, neurological treatment, speech, physical, and occupational therapy. Many accident victims are treated at Houston Methodist Sugar Land Hospital.
A Fort Bend County brain injury attorney can help investigate whether negligence by a driver, employer, property owner, contractor, or another party contributed to the head or brain injury and fight for full compensation. Our Fort Bend County injury attorneys assist clients with personal injuries in Rosenberg, Richmond, Sugar Land, and surrounding communities.
Brazoria County
Between industrial areas, energy facilities, ports, and rapid expansion, serious accidents can lead to traumatic brain injuries. Common causes of TBIs in Brazoria County include motor vehicle accidents on State Highway 288, Highway 35, FM roadways, and high-traffic areas, along with workplace accidents in industrial and energy-related environments in Texas. Workers, contractors, and other accident victims can suffer traumatic brain injuries from falls, equipment accidents, explosions, and other hazards resulting from negligence.
Brazoria County residents with TBI cases typically need both immediate medical attention and lifelong care in order to adapt to the physical and cognitive impairments affecting daily life. Medical professionals in the area include the UTMB Health Angleton Danbury Campus and nearby Houston-area brain trauma and therapy providers.
Our Brazoria County injury lawyers represent brain damage victims, helping clients navigate these complex cases, including calculating the full extent of harm, settlement negotiations, and other legal challenges.
Suffer a Serious Head or Brain Injury in Houston? We're Ready to Fight for You.
FAQs for Brain Injury Victims
For more answers to common legal questions, contact us for a free consultation to discuss your case.
How much does it cost to hire a Houston brain injury lawyer?
You don’t pay any fees upfront to hire a brain injury attorney. We work on a contingency fee basis and are only paid if clients obtain fair compensation.
Call 832-916-2526 for a free, no-obligation consultation.
How long do I have to file a brain injury claim in Texas?
Under Texas personal injury law, you have two years from the date of injury or death to file a traumatic brain injury lawsuit. Some exceptions apply for children, cases against government entities, malpractice cases, and delayed discovery. A traumatic brain injury attorney in Houston can explain the deadlines.
Call 832-916-2526 to learn more.
Do I have a case if my TBI symptoms appeared days later?
Yes, you may still have a TBI case even if symptoms appeared days or weeks later. Delayed symptoms don’t automatically prevent you from recovering damages, but insurance companies often challenge brain injury claims by arguing that the harm was unrelated.
An experienced brain injury lawyer in Houston can help prove a TBI case with delayed symptoms using:
- Medical records showing mild to severe traumatic brain injuries
- Physicians and medical experts link the symptoms to the accident
- Diagnostic testing and medical treatment records
- Ensuring the effect on daily life is fully documented
Our experienced attorneys provide legal counsel and can explain your eligibility to seek financial compensation. Call 832-916-2526 for a free case evaluation.
What is my brain injury case worth?
Brain injury settlement amounts vary based on damages, such as medical expenses, lost wages, lifetime care costs, and the effect on the victim’s life. Our traumatic brain injury attorneys seek maximum compensation for clients, ensuring they don’t settle for less than they deserve.
To determine if we’re the best attorneys for your case, call 832-916-2526 for a free consultation.
What if a loved one died from a traumatic brain injury in Houston?
If a loved one died after suffering a traumatic brain injury, family members may file a wrongful death or workers’ compensation claim, or both, depending on the circumstances, to recover compensation for loss of support, funeral costs, and other losses resulting from their loved one’s fatal brain injury.
For a free consultation with an experienced attorney, call 832-916-2526.
Does Trey Barton Law handle pediatric brain injuries?
Yes, the Sugar Land and Houston-based personal injury law firm assists parents of children who suffered head or brain injuries resulting from car accidents, falls from negligent supervision, and physical abuse. We help families secure maximum compensation for concerns related to development, education, and lifetime care expenses.
Call 832-916-2526 for a free consultation.
Contact a Houston Brain Injury Attorney For a Free Consultation
Even mild traumatic brain injuries can create physical, emotional, and financial challenges that continue. If a life-changing injury resulted from someone else’s negligence, legal counsel can help protect your rights and ensure your head or brain injury case settles for a fair amount. Our Houston brain injury lawyers help injured Texans and families navigate the legal process after suffering traumatic brain injuries. The personal injury law firm evaluates each case, explains legal options, and fights to hold all at-fault parties responsible. For a free consultation, call 832-916-2526. Clients don’t pay unless we win.Practice Areas
Serving These Cities & Counties in Texas
Free Consultation
Our experienced Houston personal injury attorneys want to get to know you and understand your unique situation. We offer a free, no-obligation consultation. You don’t pay unless your case is won.
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No Fee Unless You Win
Trey Barton understands the hardships injured people and their loved ones face as they try to heal from their accident. Every case is prepared as if it is going to trial. This gives you the best opportunity to obtain a fair recovery for your case, and ensures I am positioned to take the case to trial if the insurance company does not give you the money you deserve.