Fort Worth Brain Injury Lawyers

Types of Traumatic Brain Injuries Treated at Fort Worth Hospitals

TBI falls into several recognized categories, each with distinct clinical presentation and evidentiary challenges.

A concussion is a mild TBI. The brain functions temporarily disrupted, but structural damage may not appear on a CT scan. This does not mean the injury is insignificant. Concussions cause real cognitive and behavioral changes. Symptoms can persist for weeks or months. Insurers routinely undervalue these cases because they look invisible.

Coup-contrecoup injuries occur in vehicle collisions. The brain impacts the skull on one side from the initial blow, then rebounds into the opposite side. One collision creates two injury sites. Both must be documented and argued as one compensable injury.

DAI is the most difficult TBI category to prove. It leaves no visible lesion on a standard CT. The defense uses this to argue the injury is exaggerated or pre-existing. The diagnostic tool is MRI with diffusion tensor imaging, which standard emergency imaging does not include.

Penetrating brain injuries result from skull fractures or object penetration. These are immediately visible on imaging and are surgical emergencies treated at JPS Health Network, the only Level I Trauma Center in Tarrant County. Cook Children's Medical Center handles pediatric cases. UT Southwestern Medical Center in Dallas provides specialist referrals for complex neurosurgical presentations.

Anoxic and hypoxic brain injuries result from oxygen deprivation caused by drowning, cardiac arrest induced by a negligent act, or strangulation. These are legally compensable when negligence caused the deprivation. In Fort Worth industrial accident cases, toxic fume exposure in enclosed spaces can produce acquired brain injury through chemical neurotoxicity. Ask any attorney evaluating your case whether they have handled the specific injury category you are dealing with, not just TBI generally.

How Traumatic Brain Injuries Happen in Fort Worth

Motor vehicle crashes are the leading cause of TBI in Tarrant County. Fort Worth's highway network carries high traffic volume at highway speed on I-30, I-35W, I-20, and Loop 820. The mass of commercial vehicles amplifies rotational forces in a collision. A truck crash on I-35W produces acceleration-deceleration forces that a passenger car crash at the same speed does not.

Falls from height produce direct impact TBI. The Alliance Airport logistics corridor on Fort Worth's north side concentrates construction, warehousing, and industrial work at elevation. A fall from scaffolding or an elevated platform creates both the coup impact on the struck side and the contrecoup impact from the rebound.

Workplace incidents involving machinery, vehicles, and overhead equipment produce TBI through impact and through rapid rotational forces. When the at-fault party is not the employer, a personal injury claim runs alongside or instead of a workers' compensation claim. Texas workers' compensation is optional for employers. Non-subscriber employers lose three key defenses, making those cases more favorable for the injured worker.

Premises liability TBI cases involve property conditions: uneven surfaces, wet floors, inadequate lighting, structural failures. A property owner's duty depends on the visitor's legal status. Invitees, meaning business visitors and customers, are owed ordinary care and a duty to inspect for hazards. Licensees (social guests) receive a lesser standard. The distinction affects what the owner was required to do before the fall.

Defective products contribute to TBI: helmet failures, airbag deployment failures, defective child safety equipment. The manufacturer's liability is independent of any other negligent party. In a case with a defective vehicle component and a negligent driver, both may be responsible.

Diffuse Axonal Injury and Why It Is Difficult to Prove

DAI occurs when acceleration-deceleration forces shear the axonal connections that carry signals between brain regions. There is no single impact site. There is no discrete lesion on a standard CT scan. A patient with severe DAI may have a CT scan that looks unremarkable in the emergency department.

The diagnostic tool is MRI with DTI. DTI maps the movement of water molecules along nerve fibers and reveals disruption in axonal integrity that standard imaging cannot show. This scan is typically ordered days to weeks after the acute injury, not in the emergency room.

Delayed symptom presentation compounds the evidentiary problem. A person who sustains DAI in a car crash may leave the emergency room with a normal CT and no visible deficit. Cognitive and behavioral changes emerge over the next days or weeks as the full scope of axonal disruption becomes apparent. This delay creates the defense argument that the injury predated the accident or is unrelated.

Neuropsychological testing establishes the evidentiary bridge. A licensed neuropsychologist administers a standardized battery measuring memory, attention, processing speed, executive function, and language comprehension. The results are compared to age-adjusted population norms. The comparison shows what changed from the pre-injury baseline.

In complex cases, electroencephalogram (EEG) and functional MRI provide additional neurological documentation. Morris & Dewett works with neuropsychologists and neuroradiologists to build the evidentiary record in DAI cases where imaging is normal. Ask any attorney you are evaluating whether they have worked with a neuroradiologist specifically for DTI interpretation. General radiologists do not always have this subspecialty.

Glasgow Coma Scale, ICP, and Medical Records as Evidence

The GCS score at JPS Health Network admission is the primary TBI severity document in a legal claim. Scores of 3-8 are severe, 9-12 are moderate, and 13-15 are mild. It is recorded by the receiving trauma team and is not subject to retroactive dispute.

ICP monitoring documents the severity of brain swelling in the acute phase. ICP readings above 20 mmHg indicate brain herniation risk. These numbers appear in ICU records and are objective clinical data. An insurer cannot dispute an ICP reading of 28 mmHg by arguing the injury was mild.

ICU records, surgical notes, neurological consults, and therapy discharge summaries are all evidentiary. They document what the medical team observed, what interventions were required, and what the clinical trajectory looked like. The medical records from JPS Level I Trauma, Cook Children's Medical Center for pediatric cases, and UT Southwestern for specialist referrals form the clinical foundation of the damages case.

Continuity of care documentation matters as much as the acute records. Any unexplained gap in medical treatment between the accident and the present becomes a defense argument that symptoms resolved. If a patient stopped attending neurological follow-up, the defense argues that the brain healed. Preserving all medical records from every treating provider and maintaining continuity of care is a litigation management task, not just a medical one.

Ask any attorney handling a TBI case how they manage the medical record collection timeline. Records need to be requested from every provider, not just the admitting hospital. Gaps need to be explained. The attorney who waits until settlement to collect all records is building an incomplete case.

Neuropsychological Testing in Fort Worth TBI Cases

A neuropsychological evaluation is a standardized battery of tests administered by a licensed neuropsychologist. It measures memory, attention, concentration, processing speed, executive function, language comprehension, and visuospatial ability. The results are scored against age-adjusted norms for the general population.

The evaluation establishes what changed. It compares the patient's performance to what someone of the same age and educational background would be expected to score. The gap between expected performance and actual performance is the cognitive deficit. That deficit is documented, reproducible, and admissible in court as expert testimony.

Testing timeline is a strategic decision. Testing too early places the patient in the acute recovery phase when temporary dysfunction may produce false-low scores. Testing too late gives the defense an argument that the patient has fully recovered. The timing decision requires a neuropsychologist who understands both the clinical trajectory of TBI and the litigation context.

Fort Worth and Tarrant County have qualified neuropsychologists affiliated with Texas Health Resources and the UT Southwestern neurology and neuropsychology programs. These are not generic psychologists. Neuropsychologists have subspecialty training in brain-behavior relationships and experience translating test results for legal purposes.

Ask any attorney you are evaluating how they determine when to schedule neuropsychological testing and who performs the evaluation. An attorney with genuine TBI case experience can name the neuropsychologist, describe the battery administered, and explain how the results interact with the life care plan and damages presentation.

Life Care Plans for Moderate and Severe TBI

A life care plan is the financial projection document for future TBI damages. It is prepared by a certified life care planner, typically a registered nurse or rehabilitation specialist with advanced training in disability cost projection.

The plan itemizes every future cost. Attendant care hours and hourly rates. Home modification for wheelchair access or supervised living. Cognitive rehabilitation, speech therapy, occupational therapy. Future specialist visits, adaptive technology, and medical equipment replacements. Without this document, future damages are speculative. With it, they are calculated, documented, and defensible.

The life care planner cannot finalize the plan until the treating physician has established a prognosis and the neuropsychological evaluation is complete. Both inputs define the trajectory of the condition. A life care plan built on incomplete medical information is incomplete and will be attacked on cross-examination.

Tarrant County market rates for attendant care and home health services determine the dollar projections in the plan. These are not national averages. They reflect what a family in Fort Worth will actually pay. Projections at wrong market rates are correctable by the defense in expert discovery.

Ask any attorney when they retain the life care planner in a TBI case and whether they have worked with the same planner on multiple cases. A life care planner who has testified in Tarrant County courts understands what arguments opposing counsel makes in this jurisdiction. One who has not testified locally may be technically qualified but untested. See the parent page on catastrophic harm cases for how life care planning applies across all catastrophic injury types.

Loss of Earning Capacity in TBI Cases

Loss of earning capacity is calculated through a two-expert methodology. A vocational rehabilitation expert assesses what occupations the injured person can still perform given documented cognitive and physical limitations. An economist converts the vocational expert's output to present value using projected wage growth, discount rates, and the person's expected working lifetime.

Cognitive deficits prevent return to prior occupation even when physical recovery appears complete. A crane operator, accountant, or teacher who sustains moderate TBI may be unable to perform the cognitive demands of their prior role regardless of physical recovery. The vocational expert documents the mismatch between the residual cognitive profile and the prior occupation's requirements.

For younger plaintiffs, loss of earning capacity is often the largest single damages element in the case. A 28-year-old with a severe TBI who was earning $75,000 per year has a working lifetime that extends 37 more years. The present value of that loss at Tarrant County wage growth rates is a substantial number.

Documentation required to support the claim: pre-injury employment records, salary history, performance reviews, educational background, and professional certifications. Gaps in this documentation allow the defense to argue the pre-injury earning baseline was lower than claimed. Gathering this documentation early is the attorney's responsibility.

Ask any attorney whether they retain both a vocational expert and an economist on TBI cases or rely on one. Using only a vocational expert without an economist leaves future earnings at face value without present-value conversion. That produces an inaccurate number. View our case results for examples of how Morris & Dewett has resolved catastrophic injury claims.

Exemplary Damages for Gross Negligence in Texas TBI Cases

Exemplary damages require proof that rises above ordinary negligence. Gross negligence means the defendant acted with conscious indifference to the rights or safety of others. It is not enough to show the defendant was careless. The evidence must show they knew the risk and disregarded it.

Under CPRC Section 41.008, the cap on exemplary damages is the greater of: (a) two times the amount of economic damages, plus non-economic damages up to $750,000, or (b) $200,000. In a TBI case with substantial economic damages, the multiplier formula typically produces the higher result.

Three Fort Worth examples that can support an exemplary damages claim. A commercial truck driver on I-35W with a documented prior DUI whose employer kept assigning long-haul routes. An industrial employer in the Alliance Airport corridor with documented OSHA citations for inadequate fall protection who kept the condition in place. A premises owner with prior incident reports for the same hazard who failed to remediate it.

The evidence for exemplary damages requires a separate investigation track. Compliance records, prior incident reports, internal communications, and hiring or supervision records must all be reviewed. This investigation happens in parallel with the medical case, not after it.

Ask any attorney you are evaluating how they assess exemplary damage potential in a case and what the investigation requires. An attorney who has obtained exemplary damages in a Texas TBI case can describe exactly what evidence was assembled and what threshold it had to meet.

The 2-Year Statute of Limitations in Texas TBI Cases

Texas gives TBI victims two years from the date of injury to file a personal injury lawsuit under CPRC Section 16.003(a). The deadline starts on the injury date. It does not wait for diagnosis, for symptoms to worsen, or for MMI.

Delayed symptom presentation does not extend the deadline in a case where the cause of injury is known. If the person was in a car crash on January 5, the two-year clock starts January 5, regardless of when the neuropsychological deficits became apparent. The discovery rule applies only when the injury and its cause were inherently undiscoverable through reasonable diligence. Known traumatic events do not qualify.

Minors are protected under CPRC Section 16.001. The limitation period tolls during minority. A child injured at age 12 has until age 20 to file (18 plus 2 years). The disability of minority is the only automatic tolling ground. No mid-stream disability arising after the injury starts tolls the period.

When TBI causes death, the wrongful death deadline is two years from the date of death under CPRC Section 16.003(b). If the person was injured in a crash, survived for three months in the ICU, and died, the wrongful death clock starts at the date of death, not the crash date.

The two-year deadline is not a reason to delay evidence collection. Preservation demands must go out within 48-72 hours of the injury event. Evidence does not wait for the two-year window. Missing the filing deadline bars all recovery regardless of how clear the liability is.

What Damages Are Recoverable in a Fort Worth TBI Case

Economic damages are the calculable financial losses: past and future medical expenses, lost wages, lost earning capacity, home modification costs, attendant care, adaptive equipment, and transportation expenses for ongoing medical treatment. Past medical expenses are limited to amounts actually paid or incurred under CPRC Section 41.0105. This is the Haygood rule. If your insurer paid $60,000 on a $180,000 hospital bill, recoverable past medical expenses are $60,000. Future medical expenses projected by the life care plan are not subject to this limitation.

Non-economic damages cover the losses that do not appear on a bill: past and future physical pain, mental anguish, physical impairment, and disfigurement. In Texas, these are four distinct categories. Each is presented and valued separately. Physical impairment is the loss of specific capabilities. Pain is the subjective experience of that impairment. Disfigurement is the permanent alteration of appearance. Mental anguish is the emotional component. An attorney who presents these as one undifferentiated category leaves money on the table.

There is no cap on non-economic damages in standard personal injury TBI cases in Texas. The caps in CPRC Chapter 74 apply to medical malpractice. If your TBI resulted from a vehicle crash, a fall, a workplace incident, or a defective product, those caps do not apply.

Exemplary damages under CPRC Section 41.008 are available when gross negligence is established. Loss of consortium is available to a spouse for the loss of companionship, affection, and support caused by the injured person's TBI.

Ask any attorney whether they present the four non-economic damage categories as separate items to the jury. Combining them reduces the jury's ability to independently value each loss. The attorney who builds the closing argument around four separate damage categories gives the jury a richer basis for the award.

What to Do After a Brain Injury in Fort Worth

Seek medical care immediately at JPS Health Network or the nearest emergency facility. Do not wait for symptoms to worsen. Emergency documentation of the initial presentation, including the GCS score and imaging results, is the anchor for the entire case. A delay in seeking care becomes a defense argument that the injury was not serious.

Do not give a recorded statement to any insurance adjuster before speaking with an attorney. Adjusters use recorded statements to establish facts that reduce your damages or increase your fault percentage. Statements about pre-existing conditions, prior accidents, or your activities in the days before the incident are all used to minimize the claim.

Document the accident scene with photographs and video from your phone before anything is moved. Collect witness names and contact information. Note property damage, road conditions, and any visible hazards. This evidence is available immediately and may not be available later.

Contact an attorney within the first 24-48 hours so a preservation demand can go out before evidence is overwritten. Vehicle ECM data overwrites on a 30-day cycle without a preservation demand. Surveillance footage at commercial properties is typically retained 30-90 days. Employment records of the at-fault driver may be destroyed on routine schedules without a litigation hold.

Follow all medical treatment recommendations without gaps. Attend every scheduled appointment. Fill every prescription. Complete every referred therapy. Unexplained treatment gaps allow the defense to argue that symptoms resolved at the gap date. If a gap was unavoidable, document the reason.

Keep a daily symptom journal starting from the day after the incident. Record cognitive problems (difficulty concentrating, memory failures, word-finding issues), physical symptoms (headache, dizziness, fatigue, sensitivity to light), and behavioral changes (irritability, emotional dysregulation, sleep disruption). This contemporaneous record supports the neuropsychological testing results and documents the day-to-day impact of the injury.

JPS Health Network and Fort Worth Trauma Resources

JPS Health Network at 1500 S. Main Street in Fort Worth holds the only Level I Trauma designation in Tarrant County. Level I designation requires 24/7 availability of a full trauma surgery team, dedicated neurosurgical capability on immediate call, and a neurology ICU for monitoring severe TBI. Not every hospital in the DFW area holds this designation.

The Level I designation means that JPS receives the most severe trauma cases from the region. The trauma team is trained and staffed for high-acuity brain injury. The clinical records generated at JPS during acute TBI admission are the most authoritative medical documentation for the legal case.

Cook Children's Medical Center in Fort Worth handles pediatric trauma including TBI cases. For injuries to minors, Cook Children's records are the clinical foundation. Pediatric TBI cases also involve specific legal considerations: the statute of limitations tolls until age 18, and life care plan projections extend over a longer working and living lifetime.

UT Southwestern Medical Center in Dallas, approximately 35 miles from Fort Worth, provides specialist referrals for complex neuroradiology, advanced neurosurgery, and neuropsychology cases that require subspecialty consultation beyond JPS's scope. Specialist records from UT Southwestern supplement the JPS foundation.

Medical records from JPS and Cook Children's are obtained through HIPAA-compliant authorization, not through patient portals. An attorney issues a formal medical records request to each facility. Clinical social workers and case managers at JPS assist with discharge planning and rehabilitation coordination. Their records are part of the discoverable file and document the functional impact of the injury as observed by clinical staff.

Proportionate Responsibility and TBI Claims in Texas

Under CPRC Chapter 33, a TBI claimant with more than 50% of the fault recovers nothing. At exactly 50% fault, recovery is allowed with a proportionate reduction. At 51%, recovery is zero. This is a mathematical bar with no exceptions.

The defense strategy in nearly every TBI case is to attribute fault to the victim. In vehicle crash TBI cases, this means arguing the victim was speeding, distracted, not wearing a seatbelt, or made an unsafe lane change. In premises liability TBI cases, this means arguing the hazard was open and obvious. In workplace TBI cases, this means arguing the worker failed to follow safety procedures.

Pre-existing condition arguments are a separate defense track. Prior head injuries, a history of migraines, mental health diagnoses, or neurological conditions are not bars to recovery. They are used to argue that the current deficits predate the accident. The response is the neuropsychological testing results and the treating physician's opinion on causation. Texas does not bar recovery for aggravation of pre-existing conditions.

Never give a recorded statement to an insurance adjuster. The statement will be reviewed for any language that supports fault attribution or pre-existing condition arguments.

Under CPRC Section 33.004, defendants can designate responsible third parties to the fault allocation. A driver can designate the road maintenance authority. An employer can designate a subcontractor. You have 60 days after that designation to add the third party as a defendant. Missing the 60-day window eliminates recovery from that party entirely. This is a procedural trap with severe consequences.

Ask any attorney what their specific strategy is for protecting against fault percentage inflation in a TBI case. The answer should include expert witness protocol, evidence preservation for the crash or incident, and a specific plan for the comparative fault argument. See the Fort Worth injury lawyers hub for information on proportionate responsibility across other practice areas.

Frequently Asked Questions

How long do I have to file a traumatic brain injury lawsuit in Texas?

Two years from the date of the injury under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). The deadline runs from the injury date, not the date symptoms became apparent, not the date of diagnosis, and not the date you reached maximum medical improvement. If a minor was injured, the two-year period is tolled until age 18, giving them until age 20 to file.

What is the Glasgow Coma Scale and how does it affect my TBI case?

The Glasgow Coma Scale (GCS) is a standardized neurological assessment scored at hospital admission by the emergency or trauma team. It measures eye opening (1-4 points), verbal response (1-5 points), and motor response (1-6 points). A score of 13-15 is mild TBI, 9-12 is moderate, and 3-8 is severe. The GCS recorded at JPS Health Network on arrival is the primary clinical document for establishing severity classification. It is objective, recorded by medical professionals, and is the anchor that insurers cannot dispute.

Can I have a TBI case if my CT scan came back normal?

Yes. A normal CT scan does not mean there is no brain injury. Diffuse axonal injury and concussion frequently produce no visible abnormality on standard CT imaging. MRI with diffusion tensor imaging (DTI) detects axonal damage that CT misses. Neuropsychological testing establishes cognitive deficits that are measurable and admissible even without imaging findings. Many of the most significant TBI cases involve normal CT results.

What is diffuse axonal injury and why is it hard to prove?

Diffuse axonal injury (DAI) occurs when acceleration-deceleration forces shear axonal connections throughout the brain during a collision. There is no single impact site and no discrete lesion on standard CT imaging. The diagnostic tool is MRI with diffusion tensor imaging. Symptoms including cognitive impairment, behavioral changes, and fatigue may not appear for days after the incident. The defense exploits the delayed symptom presentation and normal CT to argue the injury is fabricated or unrelated. Neuropsychological testing and DTI imaging together form the evidentiary foundation for proving DAI.

What is a life care plan and do I need one for my TBI case?

A life care plan projects every future medical and care cost over an injured person's lifetime. It is prepared by a certified life care planner and itemizes future surgeries, attendant care hours and rates, cognitive rehabilitation, adaptive equipment, home modifications, and specialist visits. For moderate or severe TBI, a life care plan is not optional. Without one, future damages are speculative and will be undervalued. For mild TBI with limited projected future costs, the decision to commission a plan depends on the severity of ongoing symptoms.

What damages are recoverable in a Fort Worth traumatic brain injury case?

Economic damages: past and future medical expenses, lost wages, lost earning capacity, home modification, attendant care, and adaptive equipment costs. Past medical expenses are limited to amounts actually paid or incurred under the Haygood rule ([CPRC Section 41.0105](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm)). Non-economic damages: physical pain, mental anguish, physical impairment, and disfigurement, each valued as a separate category. Exemplary damages under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) when gross negligence is established. Loss of consortium for a spouse. There is no cap on non-economic damages in standard personal injury TBI cases in Texas.

Can I recover exemplary damages if the driver who hit me was drunk?

Potentially yes. Exemplary damages under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) require clear and convincing evidence of fraud, malice, or gross negligence. An intoxicated driver with a prior DUI who continued to drive may meet the gross negligence standard. A commercial carrier who knew about a driver's substance abuse history and kept them on the road may also qualify. The investigation must develop the pre-incident record. Proof of intoxication alone is not sufficient under the clear and convincing standard. The evidence must show conscious indifference to the safety of others.

What is neuropsychological testing and what does it prove?

Neuropsychological testing is a standardized battery administered by a licensed neuropsychologist measuring memory, attention, processing speed, executive function, and language ability. Results are compared to age-adjusted population norms. The comparison documents what cognitive functions changed after the injury. In TBI cases where imaging is normal, neuropsychological test results are the primary evidence of cognitive injury. The results are admissible as expert testimony and inform the life care plan, the vocational assessment, and the damages presentation.

How does Texas proportionate responsibility affect my TBI claim?

Under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm), if your percentage of fault exceeds 50%, you recover nothing. At 50% or below, you recover with a proportionate reduction. Defense attorneys in TBI cases routinely attempt to attribute fault to the victim through arguments about speed, distraction, failure to wear a seatbelt, or pre-existing conditions. Expert investigation, evidence preservation, and a specific litigation strategy for the comparative fault argument are required to protect against fault attribution.

What hospitals in Fort Worth treat traumatic brain injuries?

JPS Health Network at 1500 S. Main Street in Fort Worth is the only Level I Trauma Center in Tarrant County. It has 24/7 neurosurgical capability and a neurology ICU for severe TBI. Cook Children's Medical Center handles pediatric TBI. UT Southwestern Medical Center in Dallas provides specialist referrals for complex neuroradiology and neurosurgery cases. Medical records from each facility are part of the clinical evidence foundation in a TBI lawsuit.

What is loss of earning capacity and how is it calculated in a TBI case?

Loss of earning capacity is the difference between what the injured person could have earned over their working lifetime and what they can earn now given their TBI-related limitations. A vocational rehabilitation expert assesses what occupations the person can still perform. An economist converts that assessment to present value using projected wage growth and discount rates. For younger TBI victims, this is often the largest single element of the damages case. Documentation of pre-injury earnings, employment history, and educational background is required to support the baseline.

Does a prior head injury hurt my TBI case in Texas?

A prior head injury does not bar recovery, but it creates a battleground. The defense will argue that current deficits predate the accident. The response is the neuropsychological testing results showing what changed after this specific incident, and the treating physician's causation opinion establishing that the current injury aggravated or exceeded any prior baseline. Texas does not bar recovery for aggravation of pre-existing conditions. The defense argument is about damages, not about whether a case exists.

What types of traumatic brain injuries are compensable under Texas law?

All TBI categories caused by another person's negligence or intentional act are compensable: concussion, coup-contrecoup injury, diffuse axonal injury, penetrating brain injury, and acquired brain injury from oxygen deprivation or toxic exposure. The injury does not need to be visible on imaging to be compensable. The legal requirement is negligence causing the injury and measurable damages resulting from it.

What is the difference between economic and non-economic damages in a TBI case?

Economic damages are quantifiable financial losses: medical bills (past and future), lost wages, lost earning capacity, home modification, and attendant care. These are calculated by experts and documented with records. Non-economic damages are the intangible losses: physical pain, mental anguish, physical impairment, and disfigurement. In Texas, each is a separate damage category. Economic damages for past medical expenses are subject to the Haygood rule limiting recovery to amounts actually paid or incurred. Non-economic damages in standard personal injury cases are not capped.

What is the first thing I should do after a suspected brain injury in Fort Worth?

Seek immediate medical care at JPS Health Network or the nearest emergency facility. The clinical records generated at first presentation, including the GCS score and imaging results, are the evidentiary anchor for the entire case. Do not delay for any reason. After medical care, do not give a recorded statement to any insurer. Then contact an attorney within 24-48 hours so a preservation demand can go out before vehicle ECM data, surveillance footage, and employment records are overwritten.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.