What Is the Average Traumatic Brain Injury Settlement in Texas?

Accidents, or unintentional injuries, are one of the leading causes of death in Texas. Even when these situations don’t end in death, they can result in catastrophic injuries such as traumatic brain injuries. If you’ve sustained a traumatic brain injury due to the misconduct or negligence of someone else, you may be asking, “What is the average traumatic brain injury settlement in Texas?”

What Is a Traumatic Brain Injury?

Traumatic brain injury (TBI) is a more severe classification of injuries to the head and brain. TBIs can range from mild concussions to extensive damage that leads to lifelong incapacitation. More than 479,000 Texans live with a disability caused by traumatic brain injuries (TBI).

Fortunately, there are resources available in Texas that can help you learn how to live life under these new circumstances. The Texas Health and Human Services’ Office of Acquired Brain Injury provides awareness and prevention information about brain injuries as well as service referrals for these injuries.

There are countless other resources available to help you understand life with a brain injury, so you don’t have to face these new challenges alone. If you work with an experienced Texas personal injury lawyer to seek compensation for your losses, they can share additional information with you as well.

Common Causes of Traumatic Brain Injury in Texas

The most common causes of traumatic brain injuries are car accidents, falls, firearms, and physical assaults. It’s important to be able to recognize when an accident or fall was another party’s fault. According to the Centers for Disease Control and Prevention (CDC), falls account for almost 50 percent of all TBI-related hospitalizations. If your fall was due to the negligence of a property owner and you sustained a TBI, your attorney can help you file a claim against them.

Similarly, your TBI lawyer can assist with filing a claim if you’re in a motor vehicle accident that someone else caused. In 2023 alone, 15,219 crashes were reported in Texas that involved serious injuries. The state also experienced 4,283 traffic fatalities. Vehicle accidents that may result in TBI include:

• Bike accidents
• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• Truck accidents

What You Can Expect From Your Traumatic Brain Injury Settlement in Texas

Settlement amounts for traumatic brain injury (TBI) cases vary widely because the amount is dependent on the unique facts of the case and the severity of the injury. This is especially true with TBI because your brain can sustain any number of injuries that can impact it in many different ways.

Moreover, the brain heals in a unique way, making it hard to estimate future medical costs and calculate other damages accurately. It’s wise to seek solid legal representation from a Texas personal injury lawyer, so you know you’re getting the compensation you deserve.

When you enter negotiations with the at-fault party, you’re likely going to be working with their insurance company. It’s important to remember that insurers may not have your interests in mind, not even your own insurance company. An insurer’s primary goal is to keep expenses as low as possible for the company, which means you can expect them to try to minimize your compensation.

To make matters easier, you can have your attorney negotiate on your behalf with the facts and evidence they have gathered for your case. If you can’t reach a proper settlement agreement, you can go to trial to continue fighting for the justice you need.

FAQs

Q: What Damages Can I Recover in a Traumatic Brain Injury Case in Texas?

A: The types of damages you can recover from a traumatic brain injury (TBI) case in Texas include loss of income and future earning potential, ongoing medical expenses, and pain and suffering. Seeking compensation for a traumatic brain injury can be a challenging process, especially because the effects of TBI can vary depending on each case. Working with a Texas personal injury lawyer can improve your chances of receiving a settlement that covers your costs.

Q: Do I Have to Go to Court for a Traumatic Brain Injury Case in Texas?

A: Many personal injury cases, including traumatic brain injuries, can be resolved out of court through negotiations with the at-fault party or their insurance company. If you need a neutral third party to assist, you can enter mediation or arbitration. It’s important to note that with arbitration, the neutral party can make a binding decision about your case.

Q: Is it Worth Working With a Texas Personal Injury Lawyer for My Traumatic Brain Injury Claim?

A: While you are not required to have a Texas personal injury lawyer represent you in your traumatic brain injury (TBI) case, it is highly recommended. TBIs are complicated because the brain doesn’t heal the same way that other parts of your body do.

This can make it difficult to determine how much you are owed in a settlement. An experienced Texas personal injury lawyer can conduct their own investigations, collect evidence, and advocate on your behalf.

Q: How Long Do I Have to File a Personal Injury Claim for a Traumatic Brain Injury in Texas?

A: In Texas, you can file a personal injury claim for a traumatic brain injury within two years of an incident. Per the Texas Tort Claims Act, you must also file a notice of intent to file a claim within six months if that incident involved a government agency. If you miss these deadlines, your claim is likely not to be heard by the courts.

Reach Out to a Texas Personal Injury Lawyer to Start Building Your Case Today

Dealing with the aftermath of a traumatic brain injury is complicated enough on its own. When it comes to seeking legal recourse against the party who caused your injuries, leave the nuances to a skilled Texas personal injury lawyer.

Our attorneys at Stevenson & Murray have experience handling complex personal injury cases in Texas, including more serious cases involving traumatic brain injuries. If you’re ready to discuss your case in more detail, please reach out to our office to schedule an appointment today.