Tyler Texas Brain Injury Attorney

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 impact to the head.

Two primary injury mechanisms explain most TBIs. A direct impact can produce a closed-head injury, where the skull remains intact, or an open injury, where the skull is fractured or penetrated. Acceleration-deceleration forces produce DAI, which is shearing of nerve fibers throughout the brain. DAI can be severe even when CT imaging looks normal.

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

Severe TBIs often cause ICP, which is dangerous pressure buildup from swelling or bleeding inside the skull. Elevated ICP can cause secondary brain damage beyond the initial injury. Neurosurgeons at Level II trauma centers like UT Health Tyler manage ICP in the ICU.

One detail that matters for your claim: symptoms from TBI 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 that the injury is unrelated to the incident that caused it. Documenting your symptoms from the first day forward is important, even before they reach their full intensity.

Ask any attorney you speak with whether they have experience handling TBI claims where insurance disputed causation due to delayed symptoms. This is a specific challenge that requires specific experience.

Severity Classification and Diagnostic Standards

TBI severity is classified by the Glasgow Coma Scale (GCS) at the scene. That score -- mild (13-15), moderate (9-12), or severe (3-8) -- determines what experts your case needs, what damages are provable, and how insurance companies will respond.

The GCS score recorded at the scene and in the ER is the starting point. A score of 3-8 is severe and typically means extended unconsciousness or coma. A score of 9-12 is moderate. A score of 13-15 is mild, but that category includes a wide range of outcomes. Some mild TBI patients fully recover. Others develop persistent post-concussion syndrome lasting three months or more, with chronic headaches, memory problems, and mood changes that affect every aspect of daily life.

CT scans are fast and standard in emergency rooms, but they miss a significant category of TBI damage. MRI imaging captures DAI and subtle hemorrhages that CT does not detect. Many patients with severe symptoms and a normal CT scan have significant findings on MRI. If your initial CT was normal but you have ongoing symptoms, a follow-up MRI is clinically indicated.

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

The GOS provides the framework that life care planners and medical experts use to project long-term outcomes. Understanding where a patient falls on the GOS helps translate medical findings into the future costs that must be proven in a damage claim.

TBI symptoms fall into three categories, and competent 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 categories can be present even in mild TBI. All three affect earning capacity and daily function.

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

Local Trauma Care: UT Health Tyler and Christus Mother Frances

Where a TBI patient is treated shapes the medical evidence in their legal claim. Both major hospitals in Smith County handle acute TBI.

UT Health Tyler at 1000 S. Beckham Ave. is a Level II Trauma Center. Level II centers provide definitive care for most traumatic injuries including TBI. They maintain neurosurgery capability around the clock and handle emergency craniotomies, ICP monitoring, and critical care for severe TBI. Complex cases that require specialized neurosurgical resources may be transferred to a Level I center, but most acute TBI cases in the Tyler area are managed at UT Health Tyler.

Christus Mother Frances Hospital at 800 E. Dawson St. is the other major hospital in Smith County. It provides neurology services and treats TBI patients who present through its emergency department.

Medical records from these hospitals are the foundation of your TBI claim. They document the mechanism of injury, GCS score at arrival, imaging results, neurological status, and treatment. Obtaining complete records promptly is a priority because treatment decisions made in the first hours are relevant to causation arguments later.

The time from accident to trauma activation affects long-term outcome in severe TBI cases. If emergency response was delayed, documentation of that delay may be relevant to your claim. Our investigation includes the full chain from accident to hospital arrival.

For car accidents and commercial vehicle collisions that produce TBI, the vehicle data and accident reconstruction work alongside the medical records.

TBI Causes: How These Injuries Happen in Tyler 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, falls happen in commercial properties, rental properties, and worksites where property owners failed to address hazardous conditions. Slippery floors, uneven surfaces, missing railings, and inadequate lighting are common factors. Texas premises liability law places different duties on property owners based on the visitor's status. Invitees, which include customers and business visitors, are owed the highest duty: ordinary care and a duty to inspect. Ask any attorney you consult whether they have handled premises liability cases involving TBI specifically, not just general slip and fall.

Traffic collisions are the second leading cause. Car accidents, 18-wheeler collisions, and pedestrian strikes on Tyler's high-volume corridors including US-69, Loop 323, and SH-110 produce a significant share of TBI cases seen at area trauma centers. Commercial vehicle accidents introduce additional liable parties including carriers and vehicle owners whose inspection and maintenance practices are relevant to the claim.

Workplace TBI is a distinct category in Texas because of the state's workers' compensation opt-out system. Texas is the only state where employers can opt out of workers' compensation entirely. Non-subscriber employers lose three key defenses: contributory negligence, assumption of risk, and the fellow servant doctrine. An employee suing a non-subscriber needs only to prove employer negligence, which is a lower bar. Construction, oil field operations, and industrial facilities in East Texas generate a significant number of workplace TBI cases. Whether your employer was a subscriber or non-subscriber determines your legal path. See our workers' compensation page for more on this distinction.

Defective products including defective 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.

Youth sports are a growing source of TBI awareness in Smith County and East Texas. While sports-related TBI often does not produce a personal injury claim, cases involving negligent coaching, inadequate equipment, or failure to follow return-to-play protocols can support liability.

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 that 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, disputing the medical necessity of cognitive rehabilitation, arguing that TBI symptoms pre-existed the accident, and delaying authorization for follow-up imaging. Understanding these tactics is step one in countering them.

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

Neuropsychological testing, as described above, is objective evidence of cognitive deficits that cannot easily be faked or disputed. A properly administered neuropsychological battery produces results that are difficult for an IME physician to dismiss. When testing results are available, 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 the medical records, consults with treating physicians, and projects a detailed schedule of future care costs. The life care plan is what allows a jury or insurer to see the actual dollar value of future damages rather than a vague claim of "future medical expenses."

Texas Proportionate Responsibility rules under CPRC Chapter 33 apply to TBI cases where the claimant contributed to the accident. At 50% fault or less, you can recover with proportional reduction. At 51% or more, you recover nothing. Insurance companies and defense counsel routinely try to shift fault percentages toward the claimant. Ask any attorney you consult how they document and dispute fault percentage arguments in TBI cases.

The catastrophic harm parent page covers other catastrophic injury types and the general framework for these claims.

Damages Available in Texas TBI Cases

Texas does not cap economic damages in personal injury cases. Medical expenses, rehabilitation costs, 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 the amounts actually paid or incurred, not the amounts originally billed. If your health insurer negotiated a reduced rate, the recoverable amount reflects the negotiated rate. This is different 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 plaintiffs. A vocational rehabilitation expert evaluates your 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 ($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 drunk driver who causes a TBI, a company that ignored repeated safety violations, or a product manufacturer with documented knowledge of a dangerous defect 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). Only the surviving spouse, children, and parents of the deceased can bring a wrongful death claim under CPRC Chapter 71. Siblings, grandchildren, and other family members do not have standing to file.

If the TBI resulted in death, see our wrongful death page for the specific claim structure.

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

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 (severe disability) means full-time care. A GOS of 4 (moderate disability) means the person can live independently but has significant work and functional limitations. GOS 5 (good recovery) may still include residual cognitive symptoms that affect quality of life.

Life care plans translate GOS projections and physician testimony into a dollar figure. A certified life care planner reviews medical records, consults treating physicians, and produces a schedule covering neurological follow-up care, cognitive rehabilitation, medications, in-home support services, assistive technology, and future surgical or procedural needs. The plan projects costs over the claimant's life expectancy.

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 entire range of work options, not just physically demanding jobs. Cognitive deficits in white-collar workers can eliminate career advancement opportunities that would have produced decades of higher income. The vocational expert quantifies this 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 stream of future costs. Juries and mediators work with present-value numbers, so this calculation is essential to a recoverable damages figure.

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 is often missed by claimants without expert guidance.

Cases in Smith County are filed in the 114th, 241st, or 321st Judicial District Courts. Appeals go to the 12th Court of Appeals, Tyler Division, at 1517 W. Front St., Tyler TX 75702. Knowing the local court context matters for venue strategy and timing.

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 cases will be developing the process on your case.

How Morris & Dewett Handles TBI Cases

Morris & 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 the responsible party before evidence is lost. That means vehicle data, surveillance footage, employer records, and accident scene documentation. Evidence has short windows. ELD data in commercial vehicle cases can be overwritten within 30 days. Moving early matters.

Expert coordination is central to how we build these cases. Our TBI cases typically involve a neurologist or neurosurgeon to address medical causation, a neuropsychologist to document cognitive deficits, a life care planner to project future costs, a vocational expert to quantify earning capacity loss, and an economist to calculate present value. These experts do not all arrive at once. Building the expert team is part of the early case development process.

We consult with our attorneys who have Texas experience in Smith County courts. Cases here follow the discovery and trial practice patterns of the Smith County District Courts. Local knowledge affects case strategy from the initial filing through trial preparation.

Client reviews reflect the experience of people we have represented in catastrophic injury cases. We are not the right firm for every case. But if you have a serious TBI claim, 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 the 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. Missing this deadline means the court will dismiss your case regardless of its merits.

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 depend 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 involved. A well-built mild TBI case uses all of these evidence sources together rather than relying on imaging alone.

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 care, cognitive rehabilitation, medications, in-home support, assistive technology, and future procedures based on your treating physicians' 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, if your share of fault does not exceed 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. Documenting the facts through accident reconstruction and investigation early in the case helps prevent the defense from building an inflated fault narrative.

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 anyway. A drunk driver, a company that repeatedly ignored documented safety violations, or a product manufacturer that sold a product knowing it was dangerous can all 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 Tyler Texas?

Morris & 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 charged upfront.

Which courts handle brain injury lawsuits in Smith County Texas?

Personal injury lawsuits in Smith County are filed in one of the Smith County District Courts: the 114th, 241st, or 321st Judicial District Courts, located at the Smith County Courthouse in Tyler. Appeals from those courts go to the 12th Court of Appeals, Tyler Division, at 1517 W. Front St., Tyler TX 75702. Federal cases with diversity jurisdiction are filed in the Eastern District of Texas, Tyler Division.

What are signs of a TBI that might not appear immediately after an 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 that requires emergency intervention. If you were in an accident and felt fine initially but developed any of these symptoms in the following days, seek evaluation from a physician and 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.