San Antonio Traumatic Brain Injury Lawyers

Texas Civil Practice & Remedies Code §16.003 sets a two-year statute of limitations for most personal injury and wrongful death claims, including traumatic brain injury (TBI) claims. The clock generally runs from the date of the injury, though Texas case law recognizes a discovery-rule exception for some latent-injury TBI scenarios. Don't wait — the medical record between injury and diagnosis is what tells the story.

Texas case law follows the medical definition: a TBI is a disruption of brain function caused by an external force. The Glasgow Coma Scale categorizes TBIs as mild (GCS 13–15), moderate (GCS 9–12), or severe (GCS 3–8). Concussions are mild TBIs. Even a 'mild' TBI can produce lasting cognitive deficits, post-concussion syndrome, mood changes, and inability to return to prior work — and the legal damages reflect the full impact, not the medical-record label.

This is common with mild and moderate TBI. Symptoms — headaches, light sensitivity, sleep disruption, irritability, short-term memory problems, slowed processing — often emerge over the first 1–6 weeks after the injury. The medical record is critical: an ER discharge that says 'normal exam' is routine in TBI cases and is not a defense. We document the symptom timeline, obtain follow-up neuro evaluations, and work with experts who can explain the science.

Past and future medical expenses (often substantial — neuro rehab, cognitive therapy, and life-care planning), lost wages, loss of earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement, and loss of consortium. §41.0105 limits medical-bill recovery to amounts paid or incurred. For catastrophic TBI cases, life-care plans projecting decades of future care are routine. Exemplary damages under §41.003 are available when gross negligence applies (DWI, FMCSR violations, etc.).

Most Bexar County civil cases are filed at the Bexar County Justice Center, 300 Dolorosa Street, San Antonio, TX 78205. The 37th, 45th, 57th, 73rd, 131st, 150th, 166th, 224th, 225th, 285th, 288th, 407th, 408th, and 438th District Courts handle the civil docket. Federal claims and diversity cases can be filed in the United States District Court for the Western District of Texas, San Antonio Division.

Acute trauma cases routinely go to University Health (the region's only Level I trauma center, on the Medical Center campus) or Brooke Army Medical Center at Joint Base San Antonio (a federal Level I trauma center that also serves civilian crash victims). Methodist Hospital and Baptist Medical Center handle Level II trauma. Long-term TBI rehabilitation is typically handled at Warm Springs Rehabilitation Hospital and similar inpatient rehab facilities. Outpatient cognitive therapy and neuropsychological testing are routine.

If the at-fault party is a governmental entity — the City of San Antonio, VIA Metropolitan Transit, the State of Texas, a school district, Bexar County — the Texas Tort Claims Act applies. §101.101 sets notice deadlines that can be as short as six months from the date of the incident. §101.023(b) caps governmental damages at $250,000 per person / $500,000 per occurrence. We file TTCA notice immediately when government defendants are involved.

Nothing up front. We take TBI cases on contingency — you pay no attorney fees unless we recover for you. The consultation is free and confidential, and we advance investigation, expert (including neuropsychologist and life-care planner), and litigation costs out of pocket until the case resolves. Our San Antonio office is at 926 Chulie Drive. Se habla español.