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

Texas gives you two years from the date of injury to file a personal injury lawsuit under [CPRC Section 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). If the TBI victim is a minor, the two-year clock does not start until their 18th birthday, giving them until age 20 to file. Missing this deadline bars the claim permanently regardless of the severity of the injury.

What is the difference between a mild TBI and a severe TBI legally?

Mild TBI (GCS 13-15) and severe TBI (GCS 3-8) both support personal injury claims, but the proof structure differs. Severe TBI typically involves visible imaging findings, extended hospitalization, and documented long-term disability. Mild TBI cases often rely more heavily on neuropsychological testing and treating physician testimony because CT imaging is frequently normal. Insurance companies dispute mild TBI claims more aggressively for this reason. The legal work of establishing damages through expert testimony is often more intensive in mild TBI cases, not less.

How do you prove a brain injury when CT scans come back normal?

A normal CT does not mean no injury. CT scans miss diffuse axonal injury and subtle hemorrhages that advanced MRI sequences detect. Neuropsychological testing documents cognitive deficits independently of imaging. Treating physician testimony and neurologist reports connect the mechanism of injury to the documented symptoms. Accident reconstruction establishes the g-forces generated by the impact and compares them to known TBI threshold values. A well-built mild TBI case uses all of these evidence sources together.

What is a life care plan and why does it matter in my TBI case?

A life care plan is a document prepared by a certified life care planner that projects the full scope and cost of your future medical needs. It covers neurological follow-up, cognitive rehabilitation, medications, in-home support, assistive technology, and future procedures based on treating physician recommendations. Without a life care plan, future damages are vague and difficult for a jury to quantify. With one, the future cost of care has a specific dollar value backed by expert testimony. Life care plans are standard in serious TBI litigation.

Can I still recover if I was partly at fault for the accident that caused my TBI?

Yes, unless your share of fault exceeds 50%. Texas uses proportionate responsibility under CPRC Chapter 33. If you are found 50% at fault, your damages are reduced by 50%. If you are found 51% or more at fault, you recover nothing. Insurance companies routinely argue for higher fault percentages on the claimant's side. Accident reconstruction and early investigation are essential to document the defendant's share of responsibility before the defense builds their version of events.

What are exemplary damages and when are they available in a Texas TBI case?

Exemplary damages are Texas's term for punitive damages under [CPRC Chapter 41](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm). They require clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence. Gross negligence means the defendant was aware of an extreme risk of harm and proceeded with conscious indifference. A drunk driver, a company that repeatedly ignored documented safety violations, or a product manufacturer that sold a product knowing it was dangerous can face exemplary damage claims. The cap is the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000.

How much does it cost to hire a brain injury attorney in Marshall Texas?

Morris and Dewett handles TBI cases on a contingency fee basis. You pay no attorney fees unless there is a recovery. Case expenses are advanced by the firm and recovered from the settlement or judgment if the case succeeds. If the case does not succeed, you owe no attorney fees. The initial case evaluation is free. Ask any attorney you consult for a written contingency fee agreement and ask specifically whether case expenses are advanced or billed upfront.

What are signs of a TBI that might not appear immediately after the accident?

TBI symptoms can be absent or minimal immediately after an accident and develop over hours or days. Delayed symptoms include persistent headaches that worsen over time, nausea, difficulty concentrating, memory problems, irritability, sleep disruption, and sensitivity to light or noise. In more serious cases, delayed worsening can indicate an expanding intracranial bleed requiring emergency intervention. If you were in an accident and initially felt fine but developed any of these symptoms in the following days, seek physician evaluation. Document your symptoms from that point forward. The delayed onset does not make the injury unrelated to the accident.

Marshall Texas Brain Injury Attorney

No one reads lawyer websites until they need one. If you're here, something happened. A car accident on US-80. A workplace incident. A fall. Someone sustained a head injury and you're trying to understand what it means, legally and medically.

This page explains what a TBI is, how Texas law handles these claims, what evidence actually matters, and what questions to ask any attorney you speak with. Morris and Dewett has handled catastrophic injury cases including TBI for more than 25 years. Take your time. Compare your options. Reach out when you're ready.

What Is a Traumatic Brain Injury

A traumatic brain injury occurs when an external force disrupts normal brain function. That force can come from a direct blow to the skull or from rapid acceleration and deceleration that causes the brain to move inside the skull without any external impact.

Two primary injury mechanisms account for most TBIs. A direct impact produces either a closed-head injury, where the skull stays intact, or an open injury, where the skull is fractured or penetrated. Acceleration-deceleration forces produce DAI, which is shearing of nerve fibers across the brain. DAI can produce severe deficits even when imaging looks normal.

Emergency physicians use the GCS to classify severity within minutes of arrival. Mild scores 13-15, moderate scores 9-12, and severe scores 3-8. Mild does not mean harmless. A single mild TBI can produce lasting symptoms, and repeated mild TBIs cause cumulative damage.

Severe TBIs often cause ICP, which is dangerous pressure buildup from swelling or bleeding inside the skull. Neurosurgical teams at Level II trauma centers manage ICP in intensive care settings. Left uncontrolled, elevated ICP causes secondary brain damage that compounds the initial injury.

One fact that matters for your claim: TBI symptoms do not always appear immediately. Headaches, memory problems, and mood changes can develop hours or days after the accident. Insurance companies use this gap to argue the injury is unrelated to the incident. Documenting symptoms from the first day forward is important, even before they reach their full intensity.

Ask any attorney you speak with whether they have handled TBI claims where insurance disputed causation because of delayed symptom onset. This is a recurring challenge that requires specific experience to counter.

Severity Classification and Diagnostic Standards

TBI severity is classified by the Glasgow Coma Scale score at the scene. That score determines what experts your case needs, what damages are provable, and how aggressively insurance companies respond.

A GCS of 3-8 is severe. It typically means extended unconsciousness or coma and nearly always produces lasting deficits. A GCS of 9-12 is moderate. A GCS of 13-15 is mild, but that category covers a wide range of outcomes. Some mild TBI patients fully recover. Others develop Post-Concussion Syndrome lasting months or more, with chronic headaches, memory problems, and mood changes affecting every area of daily function.

CT scans are the standard ER tool. They are fast, widely available, and effective for detecting bone fractures, large bleeds, and acute hemorrhage. They miss a significant category of TBI damage. MRI imaging detects DAI and subtle hemorrhages that CT does not capture. Many patients with severe symptoms and a normal CT have significant MRI findings. If your initial CT was normal but symptoms persist, a follow-up MRI is clinically warranted.

Neuropsychological testing is the objective standard for documenting cognitive deficits that imaging cannot measure. A certified neuropsychologist administers a battery covering memory, attention, processing speed, executive function, and language. Results are compared to population norms and, where available, to pre-injury baseline data. Neuropsychological test results are often the most important evidence in TBI cases where imaging is limited.

The GOS provides the framework that life care planners use to project long-term outcomes. Understanding a patient's GOS score translates medical findings into the future costs that must be proven as damages.

TBI symptoms fall into three categories, and complete medical documentation covers all three. Cognitive symptoms include memory loss, difficulty concentrating, slowed processing, and word-finding problems. Physical symptoms include persistent headaches, dizziness, light and sound sensitivity, sleep disruption, and fatigue. Behavioral and emotional symptoms include irritability, depression, anxiety, and impulsivity. All three can be present in mild TBI. All three affect earning capacity and daily function.

When evaluating an attorney, ask whether they work with neuropsychologists as testifying experts and whether they have obtained neuropsychological testing reports in prior TBI cases. A firm that handles only soft-tissue claims will not have this experience.

Local Trauma Care: CHRISTUS Good Shepherd Marshall and Transfer Hospitals

Where a TBI patient receives care shapes the medical evidence in their legal claim. Understanding the Harrison County trauma system is relevant to how your case is built.

CHRISTUS Good Shepherd Medical Center-Marshall at 811 S Washington Ave is Harrison County's primary acute care facility and the first stop for most trauma patients in Marshall. It is a community hospital without Level I or Level II trauma designation. Patients with severe TBI presenting to CHRISTUS Marshall are stabilized and transferred to a higher-level facility.

UT Health Tyler at 1000 S Beckham Ave, Tyler TX 75701 is a Level II Trauma Center approximately 60 miles west on US-80. Level II centers provide definitive care for most traumatic injuries including TBI, with neurosurgery capability around the clock and critical care for severe TBI. Complex cases requiring Level I resources may transfer further to UT Southwestern Medical Center in Dallas, approximately 150 miles southwest.

CHRISTUS Mother Frances Hospital Tyler at 800 E Dawson St, Tyler TX 75701 also receives major trauma transfers from East Texas and has neurology services.

The transfer chain matters for your case. Transport records, transfer documentation, and any gap in treatment between CHRISTUS Marshall and the receiving facility are part of the damages record. Each treating facility has its own records custodian. A preservation demand goes to all of them. Morris and Dewett initiates records requests and preservation demands in the first week of representation.

For car accidents and big truck accidents that produce TBI, vehicle data and accident reconstruction work alongside the medical records from the treating chain.

TBI Causes: How These Injuries Happen Near Marshall TX

Most TBIs are caused by someone else's negligence. The legal theory depends on how the injury occurred.

Falls are the leading cause of TBI nationally according to the CDC. In premises liability cases in Harrison County, falls occur in commercial properties, rental properties, and worksites where owners failed to address hazardous conditions. Slippery floors, uneven surfaces, missing railings, and inadequate lighting are common contributing factors. Texas premises liability law assigns different duties based on the visitor's status. Invitees, which include customers and business visitors, are owed ordinary care and a duty to inspect for known and discoverable hazards.

Traffic collisions are the second leading cause. Car accidents, 18-wheeler crashes, and pedestrian strikes on US-80, US-59, SH-43, and SH-154 produce a significant share of TBI cases treated in the Marshall area. Commercial vehicle accidents add liable parties beyond the driver, including carriers, shippers, and vehicle owners whose inspection and maintenance records are relevant.

Workplace TBI is a distinct category in Texas. Texas is the only state where employers can opt out of workers' compensation entirely under Texas Labor Code Section 406.002. Non-subscriber employers lose three defenses: contributory negligence, assumption of risk, and the fellow servant doctrine. An employee suing a non-subscriber needs only to prove employer negligence. Oil field, timber, and industrial operations in Harrison County generate a significant number of workplace TBI cases. Whether your employer carried workers' compensation coverage determines your legal options.

Defective products including vehicle airbags, faulty industrial equipment, and substandard protective helmets can cause TBI even when the user did nothing wrong. Product liability claims add the manufacturer, distributor, and seller as potential defendants, expanding the pool of available insurance coverage.

Ask any attorney you consult whether they have handled TBI cases arising from the specific cause of your injury. An attorney with general personal injury experience may not have litigated a workplace TBI against a non-subscriber employer or a product liability TBI against a manufacturer.

How Do You Prove a TBI Claim in Texas?

Texas follows common law negligence. To recover, you must prove four elements: duty, breach of that duty, causation, and damages. In TBI cases, causation is the element insurance companies contest most aggressively.

Insurance adjusters receive training on TBI claim defense. Their standard moves include demanding an IME with a company-selected physician. They also dispute the medical necessity of cognitive rehabilitation. They argue that TBI symptoms pre-existed the accident. They delay authorization for follow-up imaging or neuropsychological testing.

The accident reconstruction component establishes the physics of the injury. Engineers calculate the g-forces generated by the impact and compare them to force thresholds known to cause specific TBI types. This evidence connects the accident to the medical findings with objective data. It is especially important when insurance companies argue the impact was too minor to cause a TBI.

Neuropsychological testing is objective evidence of cognitive deficits that imaging may miss. A properly administered battery produces results that are difficult for an IME physician to dismiss. When test results document the deficit specifically, they shift the evidentiary burden in the claimant's favor.

Life care plans document future medical needs with specificity. A certified life care planner reviews medical records, consults with treating physicians, and produces a detailed schedule of future care costs. Without this, future damages are a vague claim. With it, the future cost of care has a specific dollar value backed by expert testimony.

Proportionate Responsibility rules under CPRC Chapter 33 apply to TBI cases where the claimant contributed to the accident. Defense counsel routinely attempt to shift fault percentages toward the claimant. Ask any attorney you consult how they document and dispute fault percentage arguments in TBI cases, and specifically what role accident reconstruction plays in their approach.

The catastrophic harm parent page covers the general framework for catastrophic injury claims in Texas.

Damages Available in Texas TBI Cases

Texas does not cap economic damages in personal injury cases. Medical expenses, rehabilitation, home modification, assistive technology, lost wages, and loss of earning capacity are all recoverable without a ceiling.

Medical cost recovery in Texas is governed by CPRC Section 41.0105, the rule established by Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012). Recovery is limited to amounts actually paid or incurred, not the amounts originally billed. If a health insurer negotiated a reduced rate, the recoverable amount reflects the negotiated rate. This differs from states that allow recovery of the full billed amount.

Loss of Earning Capacity is often the largest category of damages in working-age TBI claimants. A vocational rehabilitation expert evaluates pre-injury work history and post-injury functional limitations. An economist converts the projected income loss to present value. Both experts are standard in serious TBI litigation.

Noneconomic damages include pain and suffering, mental anguish, physical impairment, and disfigurement. Texas does not cap noneconomic damages in ordinary personal injury cases. The medical malpractice cap of $250,000 per provider under CPRC Section 74.301 does not apply to accident-based TBI claims.

Exemplary Damages are available in TBI cases involving gross negligence. A driver who was intoxicated, a company that ignored documented safety violations, or a manufacturer with known product defects can all face exemplary damage claims.

The statute of limitations for TBI claims in Texas is two years from the date of injury under CPRC Section 16.003. For minors, the clock does not start until age 18, giving them until age 20 to file. Wrongful death claims following TBI have a two-year deadline from the date of death under CPRC Section 16.003(b). Eligible claimants are limited to the surviving spouse, children, and parents under CPRC Chapter 71. Siblings, grandchildren, and other family members do not have standing.

Ask any attorney you consult about the Haygood rule and how they handle the gap between billed charges and amounts paid when calculating damages. An attorney unfamiliar with this rule may set incorrect expectations about recoverable medical costs.

Long-Term Impact: Life Care Plans and Future Damages

The GOS score at discharge from the hospital is the starting point for projecting long-term outcome. A GOS of 3 means severe disability requiring full-time care. A GOS of 4 means the person can live independently but has significant work and functional limitations. GOS 5 may still include residual cognitive symptoms that reduce earning capacity and quality of life.

Life care plans translate GOS projections and physician testimony into a dollar figure. A certified life care planner reviews records, consults treating physicians, and produces a schedule covering neurological follow-up, cognitive rehabilitation, medications, in-home support, assistive technology, and future surgical needs. The plan projects costs over the claimant's life expectancy. It is not an estimate; it is a professionally prepared document that functions as damages evidence.

Vocational rehabilitation evaluates the gap between what you could do before the injury and what you can do now. A TBI that reduces processing speed, attention, or executive function affects the full range of work options, not just physically demanding roles. Cognitive deficits in professional and office workers can eliminate career advancement that would have produced decades of additional income. The vocational expert quantifies that gap.

An economist converts the projected income loss and future care costs to present value. Present value is the lump sum today that, with reasonable investment, produces the same purchasing power as the projected future costs. Juries and mediators work with present-value numbers, so this calculation is essential.

Family caregiver costs have monetary value in TBI damage calculations. If a spouse, parent, or other family member provides daily care for a TBI survivor, that unpaid labor is valued at the market rate for equivalent professional services. This is a recoverable component that claimants without expert guidance routinely miss.

Cases in Harrison County are filed in Harrison County District Court at 200 W Houston St, Marshall TX 75670. Appeals go to the 6th Court of Appeals in Texarkana. Federal cases with diversity jurisdiction are filed in the Eastern District of Texas, Marshall Division, which is also located in Marshall.

Ask any attorney you consult whether they have assembled all five expert categories for a TBI case: neurologist or neurosurgeon, neuropsychologist, life care planner, vocational expert, and economist. A firm that has not built this full expert team in prior TBI cases will be developing the process on your case.

How Morris and Dewett Handles TBI Cases

Morris and Dewett has handled catastrophic injury cases, including TBI, for more than 25 years. The firm represents clients in Louisiana and Texas on a contingency fee basis. You pay nothing unless there is a recovery.

TBI cases require immediate evidence preservation. We send preservation demands to responsible parties before evidence is lost. That means vehicle ECM data, surveillance footage, employer records, and accident scene documentation. Evidence has short windows. Commercial vehicle electronic logging data can be overwritten within 30 days. Moving early matters.

Expert coordination is central to how we build these cases. Our TBI cases involve five expert categories. Neurologist or neurosurgeon for medical causation. Neuropsychologist for cognitive deficits. Life care planner for future costs, vocational expert for earning capacity, and economist for present value. Building this expert team is part of early case development, not something assembled at the end.

We have experience in Harrison County courts and in the Eastern District of Texas, Marshall Division. Cases here follow the discovery and trial practice patterns specific to the local bench. Local knowledge affects case strategy from initial filing through trial preparation.

Our attorneys have Texas experience and understand the demands of TBI litigation in East Texas. Client reviews reflect the experience of people we have represented in catastrophic injury cases. We are not the right firm for every case. If you have a serious TBI claim in Marshall or Harrison County, we are equipped to handle it.

Frequently Asked Questions

How long do I have to file a brain injury lawsuit in Texas?: Texas gives you two years from the date of injury to file a personal injury lawsuit under [CPRC Section 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). If the TBI victim is a minor, the two-year clock does not start until their 18th birthday, giving them until age 20 to file. Missing this deadline bars the claim permanently regardless of the severity of the injury.
What is the difference between a mild TBI and a severe TBI legally?: Mild TBI (GCS 13-15) and severe TBI (GCS 3-8) both support personal injury claims, but the proof structure differs. Severe TBI typically involves visible imaging findings, extended hospitalization, and documented long-term disability. Mild TBI cases often rely more heavily on neuropsychological testing and treating physician testimony because CT imaging is frequently normal. Insurance companies dispute mild TBI claims more aggressively for this reason. The legal work of establishing damages through expert testimony is often more intensive in mild TBI cases, not less.
How do you prove a brain injury when CT scans come back normal?: A normal CT does not mean no injury. CT scans miss diffuse axonal injury and subtle hemorrhages that advanced MRI sequences detect. Neuropsychological testing documents cognitive deficits independently of imaging. Treating physician testimony and neurologist reports connect the mechanism of injury to the documented symptoms. Accident reconstruction establishes the g-forces generated by the impact and compares them to known TBI threshold values. A well-built mild TBI case uses all of these evidence sources together.
What is a life care plan and why does it matter in my TBI case?: A life care plan is a document prepared by a certified life care planner that projects the full scope and cost of your future medical needs. It covers neurological follow-up, cognitive rehabilitation, medications, in-home support, assistive technology, and future procedures based on treating physician recommendations. Without a life care plan, future damages are vague and difficult for a jury to quantify. With one, the future cost of care has a specific dollar value backed by expert testimony. Life care plans are standard in serious TBI litigation.
Can I still recover if I was partly at fault for the accident that caused my TBI?: Yes, unless your share of fault exceeds 50%. Texas uses proportionate responsibility under CPRC Chapter 33. If you are found 50% at fault, your damages are reduced by 50%. If you are found 51% or more at fault, you recover nothing. Insurance companies routinely argue for higher fault percentages on the claimant's side. Accident reconstruction and early investigation are essential to document the defendant's share of responsibility before the defense builds their version of events.
What are exemplary damages and when are they available in a Texas TBI case?: Exemplary damages are Texas's term for punitive damages under [CPRC Chapter 41](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm). They require clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence. Gross negligence means the defendant was aware of an extreme risk of harm and proceeded with conscious indifference. A drunk driver, a company that repeatedly ignored documented safety violations, or a product manufacturer that sold a product knowing it was dangerous can face exemplary damage claims. The cap is the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000.
How much does it cost to hire a brain injury attorney in Marshall Texas?: Morris and Dewett handles TBI cases on a contingency fee basis. You pay no attorney fees unless there is a recovery. Case expenses are advanced by the firm and recovered from the settlement or judgment if the case succeeds. If the case does not succeed, you owe no attorney fees. The initial case evaluation is free. Ask any attorney you consult for a written contingency fee agreement and ask specifically whether case expenses are advanced or billed upfront.
Which courts handle brain injury lawsuits in Harrison County Texas?: Personal injury lawsuits in Harrison County are filed in Harrison County District Court at 200 W Houston St, Marshall TX 75670. Appeals from Harrison County District Court go to the 6th Court of Appeals in Texarkana. Federal cases with diversity jurisdiction are filed in the Eastern District of Texas, Marshall Division, which is located in Marshall. The choice of state versus federal court can affect the case timeline and litigation strategy.
What are signs of a TBI that might not appear immediately after the accident?: TBI symptoms can be absent or minimal immediately after an accident and develop over hours or days. Delayed symptoms include persistent headaches that worsen over time, nausea, difficulty concentrating, memory problems, irritability, sleep disruption, and sensitivity to light or noise. In more serious cases, delayed worsening can indicate an expanding intracranial bleed requiring emergency intervention. If you were in an accident and initially felt fine but developed any of these symptoms in the following days, seek physician evaluation. Document your symptoms from that point forward. The delayed onset does not make the injury unrelated to the accident.

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.