What separates a serious TBI case from an ordinary injury claim — and what your lawyer must do to prove it.
A traumatic brain injury is not a "soft tissue" claim. It is a permanent neurological event that can change the way you process language, regulate emotion, sleep, and earn a living. Insurance companies know this — which is exactly why they fight TBI claims harder than almost any other category.
If you're searching for a brain injury law firm in Dallas, here's what the case actually requires and how to evaluate the firm you're about to hire.
The CDC defines TBI as a disruption in the normal function of the brain caused by a bump, blow, jolt, or penetrating head injury. In a Texas wreck, that includes:
Insurance adjusters will pay on a broken femur because they can see it on an X-ray. They will not pay on a TBI on the same evidence, because mild and moderate TBIs frequently produce a normal CT. Winning a TBI case in North Texas requires building a medical record that the carrier cannot dismiss:
The Glasgow Coma Scale, loss-of-consciousness duration, and post-traumatic amnesia notes from the first responding paramedic and ER physician are the foundation of the entire claim. Get the ambulance run sheet. Get the trauma activation notes. Get the ER nurse triage record.
Beyond the initial CT, defense-grade TBI cases generally need:
Dallas is home to several neuroradiology groups that perform these scans regularly, including UT Southwestern, Baylor Scott & White, and Methodist. Choosing the right radiologist matters as much as choosing the right scan.
A board-certified neuropsychologist administers 6–8 hours of standardized tests measuring attention, working memory, processing speed, executive function, and emotional regulation. The testing also includes validity measures to rule out malingering — which makes the results defense-proof when the numbers are valid.
For moderate and severe TBI, a certified life-care planner projects decades of future medical needs — therapy, attendant care, medications, equipment, residential care. A vocational economist quantifies lost earning capacity. Together, these reports often turn a six-figure case into a seven- or eight-figure case.
The TBI cases we see in Dallas tend to cluster around predictable mechanisms:
The Texas Department of Transportation reported that in a recent year, North Texas accounted for the highest count of "incapacitating injury" crashes in the state. A substantial percentage of those involved a head injury that the patient did not initially recognize as a TBI.
Note: Texas Civil Practice & Remedies Code § 41.008 caps exemplary damages at the greater of $200,000 or 2x economic damages plus an equal amount of non-economic damages up to $750,000 — with important exceptions for certain felonies.
Two years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003. If the injured person is incapacitated by the TBI itself, § 16.001 may toll the limitations period until capacity is restored — but that is fact-specific and is not a deadline you want to rely on.
Tell us briefly what is going on. An attorney will respond.
Counsel available 24/7 · Confidential · No obligation