Texas Traumatic Brain Injury Lawyers
Brain injuries hide. The ER may have called it 'just a concussion' — but if your life isn't the same, you have a case.
Why Families Across Texas Trust Patterson Law Group
Traumatic brain injuries are the most under-diagnosed serious injury in personal injury practice. The ER doctor's job is to rule out a bleed or a skull fracture, not to diagnose the cognitive, emotional, and personality changes that surface in the weeks and months that follow. By the time the symptoms become impossible to ignore, the at-fault driver's insurance company has already decided the case is worth a fraction of what it actually is.
Patterson Law Group has handled brain injury cases for more than 30 years. We work with neurologists, neuropsychologists, life-care planners, and vocational experts to document the full impact of a TBI — including the symptoms that don't show up on a CT scan: memory loss, executive dysfunction, fatigue, mood changes, and the inability to do work you used to do without effort.
The consultation is free. We work on contingency. No fee unless we win.
Offices in Fort Worth, Arlington, and San Antonio. Every case is taken on a contingency fee — no recovery, no fee.
Brain Injury Cases We Handle
TBI cases arise out of any incident involving head impact or rapid acceleration/deceleration. Common causes:
TBI Cases Under Texas Law
Texas law treats traumatic brain injury the same way it treats any other personal injury — the at-fault party is responsible for the full range of damages, including medical bills, lost wages, future earning capacity, pain and suffering, mental anguish, loss of enjoyment of life, and physical impairment. Statute of limitations is two years under CPRC §16.003.
The defense playbook in TBI cases is predictable: minimize the diagnosis, argue you were 'fine' at the ER, point to gaps in treatment, and put your pre-injury medical records under a microscope. Defeating that playbook requires medical experts who can explain how mild TBI presents and a legal team that knows what evidence — neuropsych testing, before/after witness testimony, employer records — wins the case.
Mild TBI can have major consequences. The legal value of a brain injury case is not driven by what an imaging study shows — it's driven by how the injury has changed the client's life. Document everything early.
How We Work With You
Our process is simple. You focus on your recovery. We handle everything else.
- 1 Call us. Tell us what happened. Free, confidential, no obligation. We'll give you an honest answer about whether you have a case.
- 2 We investigate. Police reports, surveillance footage, medical records, witness statements, expert consultations. We build the case the right way from day one.
- 3 You focus on healing. We handle every insurance call, every demand, every negotiation. If they refuse to pay fairly, we take them to trial.
Where We Serve
Patterson Law Group serves all injured Texans from our physical offices in Fort Worth, Arlington, and San Antonio. We accept cases throughout the state, and we travel for clients when the case calls for it.
- • Fort Worth — Tarrant County and the broader DFW Metroplex
- • Arlington — Mid-cities and east Tarrant County
- • San Antonio — Bexar County and South Texas
How this complements existing sections
The Astro page currently uses the standard 8-H2 template. The sections below are additive and sit between the existing "Texas TBI Law" block and the existing "How We Work" block. No duplication of existing FAQ items.
Tone: confident, plainspoken, Texas-led, compassionate. No fabricated case results, testimonials, or statistics. All medical content is at the level of recognized clinical references; no specific incidence claims without a verifiable source.
Understanding TBI Severity: Mild, Moderate, and Severe
Traumatic brain injury is not one injury — it is a spectrum, and where on the spectrum a client falls drives everything that comes next in the case. Clinicians generally categorize TBI by the Glasgow Coma Scale (GCS) score at presentation, duration of loss of consciousness, and duration of post-traumatic amnesia.
Mild TBI (concussion). GCS 13–15. Loss of consciousness, if present, lasts less than 30 minutes. Post-traumatic amnesia under 24 hours. The CT scan often shows no acute findings. People — and adjusters — hear "mild" and dismiss the injury. They should not. Mild TBI can produce persistent post-concussive syndrome with headaches, dizziness, light and sound sensitivity, sleep disruption, mood changes, cognitive fog, and word-finding difficulty that lasts months or years. The diagnosis is clinical, supported by neuropsychological testing.
Moderate TBI. GCS 9–12. Loss of consciousness 30 minutes to 24 hours. Post-traumatic amnesia up to 7 days. CT findings may include contusions, small hemorrhages, or skull fractures. Moderate TBI clients often need extensive cognitive and physical rehabilitation, and many do not return to their pre-injury baseline.
Severe TBI. GCS 8 or below. Loss of consciousness greater than 24 hours, post-traumatic amnesia more than 7 days. CT or MRI typically shows substantial intracranial pathology — large hematomas, contusions, diffuse axonal injury, cerebral edema. Severe TBI clients face ICU admission, possible craniectomy or other neurosurgical intervention, prolonged rehab, and life-altering deficits.
Diffuse axonal injury (DAI). A specific severe pattern caused by rotational forces tearing axonal fibers throughout the white matter. DAI can be devastating even when initial CT looks unremarkable. MRI with susceptibility-weighted imaging detects it.
Anoxic and hypoxic brain injury. A separate mechanism — oxygen deprivation following near-drowning, cardiac arrest, anesthesia error, or strangulation. Different evidentiary and medical work-up, but similar long-term consequences.
The case work-up has to match the severity. Mild TBI requires aggressive documentation and expert support to defeat the "it was just a bump on the head" defense. Severe TBI requires life care planning and a coordinated team.
Common Causes of TBI in Texas Cases
Most TBI claims in our practice come from a small group of high-impact incidents. Each carries its own evidence considerations.
Motor vehicle crashes. The leading cause of TBI we see. Direct head impact with the steering wheel, A-pillar, side window, or airbag. Rotational acceleration alone — without head impact — can produce diffuse axonal injury. Truck collisions and high-speed wrecks on Texas interstates (I-35, I-20, I-30, I-10, Loop 820, Loop 410, the DFW tollway network) produce the most severe brain injuries.
Falls. Falls from height — ladders, stairs, scaffolding, balconies — and falls from standing on hard surfaces. Slip-and-fall TBIs in older adults frequently include subdural hematomas, which can be slow to develop and can present hours or days after the fall.
Pedestrian and bicycle strikes. Head impact with windshield, hood, A-pillar, or pavement. Even with a helmet, cyclist TBIs are common. Pedestrian TBIs are often severe because there is no protection at all.
Sports and recreation. Football, soccer, hockey, equestrian, watersports, cycling. Recreational TBI claims often involve a negligent supervisor, defective equipment, or unsafe premises.
Assaults. Closed-head injury from blunt force. Strangulation cases produce anoxic injury that can be life-altering even when victims do not realize what happened to them.
Industrial and workplace incidents. Struck-by-object, falling-object, and equipment-failure events. Workplace TBI may involve workers' compensation, third-party claims, or both.
Boating, drowning, and near-drowning. Anoxic brain injury from submersion. Boating TBI from impact with hulls, docks, propellers, or other watercraft.
Birth trauma and pediatric TBI. A separate clinical and legal category requiring specialized neonatal and pediatric expertise.
Symptoms, Diagnosis, and the Documentation Gap
The single biggest problem in TBI litigation is the gap between what the injured person experiences and what shows up on a CT scan. Adjusters and defense lawyers exploit that gap. Closing it is most of the work.
Common symptoms. Headaches, dizziness, balance problems, light and sound sensitivity, blurred or double vision, tinnitus, sleep disruption, fatigue, brain fog, slowed processing speed, memory problems, word-finding difficulty, mood changes, irritability, anxiety, depression, personality change, and reduced executive function. Family members often notice the change before the injured person does.
Imaging. Head CT is the standard acute imaging study; it detects bleeds, contusions, and fractures but routinely misses diffuse axonal injury, microhemorrhages, and the kind of injury that drives persistent mild-TBI symptoms. MRI — including susceptibility-weighted imaging and diffusion tensor imaging — picks up injury CT misses. We push for MRI in any client with persistent symptoms beyond a few weeks.
Neuropsychological testing. The single most useful piece of evidence in a mild-to-moderate TBI case. A licensed neuropsychologist administers a battery of standardized tests over several hours, comparing the client's cognitive function to age- and education-matched norms. The output is an objective record of cognitive deficits the defense can no longer wave away.
Vestibular and oculomotor testing. Specialized testing — VOR, VNG, vestibular ocular reflex assessments — documents the balance and vision problems concussion patients experience. Many physical-therapy clinics in Fort Worth, Arlington, and San Antonio now offer this testing.
Treating-provider documentation. Neurology, physiatry, rehabilitation medicine, and primary care notes that consistently describe symptoms and functional impact build the case. Gaps in treatment are the defense's favorite argument; we work with clients to keep treatment current.
The "invisible injury" problem. Many TBI clients look fine in the deposition. They are wearing a clean shirt and they answered the questions politely. The damage is invisible to the camera. That is why expert testimony and family testimony matter so much — the people who knew the client before the injury are often the most powerful witnesses to what was lost.
How Insurance Adjusters Defend TBI Claims
TBI is one of the most aggressively defended categories of injury in Texas insurance practice. The playbook is consistent.
"No loss of consciousness, no TBI." The defense often argues that absence of LOC rules out brain injury. It does not. Mild TBI does not require LOC. Concussion can occur with disorientation alone.
"The CT was clean." A normal CT does not rule out injury. MRI catches what CT misses; DAI is invisible on CT; persistent mild-TBI symptoms can exist with a clean acute scan.
"Pre-existing condition." ADHD, prior concussions, depression, anxiety, learning differences. The defense will dig for any pre-injury cognitive or psychological history and try to attribute current deficits to it. Texas's eggshell-plaintiff rule answers this — the defendant takes the plaintiff as they find them — and treating-physician testimony establishes the change.
"Symptom magnification" and "malingering." The defense neuropsychologist will administer validity testing and may opine that the plaintiff is exaggerating. Our neuropsychologist administers the same validity measures and answers that directly.
Surveillance video. The defense will hire investigators to film the client doing daily activities — grocery shopping, attending a kid's soccer game, mowing the lawn — and use the footage to argue the client is "not as injured as claimed." Most TBI clients have good days and bad days; the defense is collecting the good ones. Our clients are advised to live their lives honestly and to expect the surveillance.
Social media mining. Every post, photo, and check-in becomes potential cross-examination material. We counsel clients on social media early.
Records fishing. Blanket authorizations for school, employment, military, and medical records. We provide what is relevant.
Texas Damages in a TBI Case
Texas allows a TBI plaintiff to recover the full range of personal-injury damages. What you can recover depends on what was lost.
Economic damages. Past and future medical expenses (subject to §41.0105 paid-or-incurred): emergency care, neurosurgery, hospitalization, rehab, neurology, neuropsychology, physical and occupational therapy, vestibular therapy, vision therapy, cognitive rehabilitation, medications, and long-term care. Lost wages and loss of earning capacity — TBI frequently shortens or ends a career. Vocational expert testimony documents the earnings loss. Attendant care, household services, and home modifications where the injury is severe enough to require them.
Non-economic damages. Pain and mental anguish, physical impairment, disfigurement (where applicable — surgical scarring or hardware), and loss of enjoyment of life. The cognitive and personality changes after TBI are often the heart of the case: the client is not who they were before, and Texas law allows the jury to compensate for that loss. Loss of consortium for spouse, parent, or child where applicable.
Exemplary damages. Under §41.003 and §41.008, available where the conduct rises to gross negligence — drunk drivers, falsified trucking logs, premises owners who knew about a hazard and did nothing. The §41.008 cap applies.
Future-care numbers. Severe and moderate TBI life care plans routinely run into seven and eight figures across a normal life expectancy. The plan documents every category — medications, therapy, equipment, attendant care, hospitalizations, replacements. A forensic economist converts the plan to present value.
Steps to Take After a Suspected Brain Injury
The first weeks after a head injury are the most important for both recovery and the legal case. Here is what to do.
Get evaluated immediately. Any loss of consciousness, disorientation, vomiting, persistent headache, vision change, or behavioral change after a head impact warrants an ER visit. Even without LOC, an evaluation creates the medical record that ties symptoms to the event.
Track symptoms in writing. A simple daily log — headache severity, sleep quality, cognitive difficulty, mood, energy — is one of the most powerful pieces of evidence in a TBI case. Memory is unreliable; contemporaneous notes are not.
Follow every referral. Neurology, neuropsychology, vestibular and vision therapy, physical therapy, rehab medicine, mental-health support. Gaps in treatment are the adjuster's favorite argument.
Get MRI when symptoms persist. If symptoms continue beyond a few weeks and the initial CT was unremarkable, ask the treating physician about MRI. We help clients navigate this when needed.
Bring family to medical appointments. The injured person's perception of their own deficits is often less accurate than the family's. Family observations belong in the medical record.
Limit social media and decline recorded statements. Both will be used against you. Politely decline insurance carrier calls and refer them to your attorney.
Call Patterson Law Group. Free consultation. Contingency fee. (817) 784-2000. Offices in Fort Worth, Arlington, and San Antonio. Se Habla Español.
Frequently Asked Questions
Do I have a brain injury case if my CT scan was normal?
Yes — possibly. Most mild and moderate TBI cases have normal CT scans. CT scans rule out bleeding and skull fractures, but they don't detect the diffuse axonal injury that produces most TBI symptoms. Neuropsychological testing and clinical evaluation drive the diagnosis, not imaging.
What are common symptoms of a traumatic brain injury after an accident?
Headaches, dizziness, memory and concentration problems, fatigue, sleep changes, irritability, depression, anxiety, sensitivity to light and noise, and trouble with tasks you used to do easily. Symptoms can begin immediately or develop over weeks. If you're not yourself, see a doctor.
How long do I have to file a TBI case in Texas?
Two years from the date of injury under CPRC §16.003. The clock generally starts the day of the incident even if the full extent of the brain injury isn't apparent until later. There is a narrow 'discovery rule' exception in some cases — call us before assuming you're out of time.
How much is a Texas TBI case worth?
Depends on severity, medical needs, lost earning capacity, available insurance, and the strength of liability evidence. Mild TBI cases regularly settle in six figures. Moderate-to-severe TBI cases can be seven or eight figures when properly documented and litigated.
What experts are involved in a Texas brain injury case?
Treating neurologists and neuropsychologists, often a vocational expert (to project lost earning capacity), a life-care planner (for future medical needs), and an economist. For trial, additional retained experts may be needed. We assemble the right team for each case.
How can I have a TBI if my ER scan was normal?
Standard ER CT and MRI scans frequently miss mild and moderate TBI. The neuroimaging that detects axonal injury — DTI (diffusion tensor imaging) and SWI (susceptibility-weighted imaging) — requires specialized protocols that are not routine in trauma workup. Symptoms that should not be ignored after a head impact: cognitive fog, balance issues, light or sound sensitivity, irritability, sleep disruption, and executive-function problems. Follow-up with a neurologist or neuropsychologist is appropriate where these symptoms persist.
What experts do we engage in a Texas TBI case?
A board-certified neurologist or neuropsychologist for the diagnostic workup. A neuropsychological battery is the gold-standard for documenting cognitive deficits. A life-care planner where the injury is permanent. A vocational expert where the client's ability to work has been impaired. And often a treating speech-language pathologist or occupational therapist whose records support the lay-witness account of how the client has changed.
Why does TBI evidence look 'soft' to insurance adjusters and how is that countered at trial?
Adjusters often argue that without a positive CT/MRI and without a loss of consciousness lasting more than a few minutes, the case 'is not really a TBI.' Strong TBI cases counter with objective neuropsychological testing (the gold standard for documenting cognitive deficits), DTI imaging where indicated, lay witnesses describing pre-injury versus post-injury function (spouses, employers, friends), and treating-physician opinion. The medical literature on mild TBI is robust and supports recovery beyond what insurance adjusters typically concede.
What about second-impact syndrome or multiple TBIs?
A client with a prior TBI history — concussion in high-school football, prior crash, military service — is at higher risk for cumulative injury, not lower. The defense bar often tries to use prior TBI as an 'eggshell plaintiff' argument to reduce damages. Texas law (the eggshell-skull doctrine) actually works the other way: a defendant takes the plaintiff as they find them. We work prior injury history aggressively.
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