TBI After a Car Accident: What You Need to Know About Texas Injury Claims

If you or someone you love suffered a traumatic brain injury (TBI) after a car accident in Texas, you’re likely facing a confusing and overwhelming situation. Between managing medical appointments, understanding the extent of the injury, and figuring out how to pay the bills, it can be hard to know where to turn.

At Carrollton Injury Law, we understand how life-altering a TBI can be. We also know that navigating a personal injury claim in Texas is not something you should do alone—especially when you're healing from a brain injury. This guide will walk you through what you need to know to protect your rights and pursue fair compensation.

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury occurs when a sudden impact damages the brain. In the context of car accidents, TBIs are often caused by:

• Blunt force trauma (e.g., hitting your head on the dashboard)

• Rapid deceleration or whiplash, which can cause the brain to bounce inside the skull

• Flying debris or penetrating wounds

TBIs range in severity and are categorized as:

• Mild (like concussions)

• Moderate

• Severe

Even a “mild” TBI can result in long-term consequences, including memory loss, mood changes, headaches, and difficulty concentrating.

Common Symptoms of TBI After a Car Crash

Symptoms of a brain injury may not appear immediately. That’s why it’s crucial to seek medical attention even if you feel “okay” after a wreck. Common symptoms include:

• Loss of consciousness (even briefly)

• Confusion or disorientation

• Headaches or migraines

• Nausea or vomiting

• Dizziness or loss of balance

• Sleep problems

• Sensory problems (blurred vision, ringing in the ears)

• Mood swings, depression, or anxiety

• Difficulty remembering or concentrating

Some of these symptoms can take days or even weeks to show up—delayed onset is common with TBIs.

Why TBIs Are Often Missed or Misdiagnosed

Unfortunately, TBIs are frequently missed in emergency rooms, especially if there are no open wounds or visible trauma. In many cases, people are discharged with only a diagnosis of “concussion” or “headache,” even though deeper neurological damage may be occurring.

This can complicate your injury claim. Insurance companies may argue that your symptoms are unrelated or exaggerated. That’s why it’s important to get evaluated by a neurologist or neuropsychologist and keep detailed records of your symptoms and treatments.

How a TBI Affects Your Life and Future

The long-term consequences of a traumatic brain injury can be devastating. Some of the most serious effects include:

• Cognitive Impairments: Trouble thinking, remembering, learning, or processing information.

• Emotional and Behavioral Changes: Mood swings, depression, aggression, anxiety, or lack of impulse control.

• Physical Disabilities: Issues with coordination, balance, speech, or chronic pain.

• Loss of Earning Capacity: You may not be able to return to your previous job—or any job at all.

• Relationship Strain: TBIs often strain marriages, friendships, and family relationships due to personality and behavioral changes.

These are not short-term injuries. For many, a TBI is a lifelong condition that affects every part of daily life.

Proving a TBI in a Texas Personal Injury Claim

To successfully pursue a TBI claim after a car accident in Texas, your legal team must prove:

1. Duty of Care – The other driver had a legal responsibility to drive safely.

2. Breach of Duty – They failed in that duty (e.g., distracted driving, speeding).

3. Causation – Their actions caused the accident and your brain injury.

4. Damages – You suffered measurable losses (medical bills, lost income, pain and suffering, etc.).

Types of Evidence Used in TBI Cases

Because TBI symptoms are sometimes invisible or subjective, evidence is key. Your attorney may use:

• Medical Records: CT scans, MRIs, neurological assessments

• Expert Testimony: From neurologists, neuropsychologists, or life care planners

• Witness Statements: From people who saw the accident or noticed changes in your behavior

• Journals or Logs: Notes tracking symptoms, treatments, and daily struggles

• Employment Records: Showing missed work or inability to return to your job

Statute of Limitations in Texas TBI Cases

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is strict. If you wait too long, you may lose your right to seek compensation—even if you have a strong case.

Damages You May Be Entitled to Pursue

Every TBI case is different, but you may be eligible to seek compensation for:

• Emergency room visits and hospitalization

• Surgeries, medications, and ongoing treatment

• Rehabilitation (physical, occupational, cognitive therapy)

• Mental health services

• Lost wages and loss of future earning capacity

• Pain and suffering

• Loss of enjoyment of life

• Punitive damages (in cases of gross negligence)

Why Insurance Companies Resist Paying for TBI Claims

TBIs are among the most expensive injuries to treat—and insurance companies know it. That’s why they often try to:

• Minimize your symptoms

• Argue your symptoms were pre-existing

• Say your injuries were not caused by the accident

• Pressure you to settle quickly before you know the full extent of your injuries

You don’t have to face this alone. An experienced personal injury attorney can push back on these tactics and advocate for the compensation you deserve.

How Carrollton Injury Law Supports TBI Victims

At Carrollton Injury Law, we’ve helped clients across Texas pursue injury claims after life-changing accidents. We understand the medical, emotional, and financial toll of TBIs—and we’re here to walk you through every step of your legal journey.

When you choose us, you can expect:

• Personalized attention and compassionate legal support

• Access to medical experts and specialists

• Aggressive representation in negotiations and at trial, if necessary

• Clear communication so you always know where your case stands

We don’t treat you like a case number—we treat you like a person. That’s why we say: We put Personal back into Personal Injury Law.

What to Do If You Suspect a TBI After a Car Accident

If you or a loved one has been in a car accident and you suspect a brain injury, take the following steps immediately:

1. Get medical help – Go to the ER and request neurological imaging if symptoms persist.

2. Document everything – Keep a journal of symptoms, doctor visits, and how the injury is affecting your life.

3. Don’t speak to the insurance company alone – Anything you say can be used to weaken your case.

4. Call a personal injury lawyer – The sooner you get legal help, the stronger your case will be.

FAQs About TBI and Car Accidents in Texas

How long do TBI symptoms last after a car accident?

Symptoms can last weeks, months, or even become permanent depending on the severity of the injury. Some people recover quickly; others face lifelong impairments.

Can I file a lawsuit if I didn’t lose consciousness?

Yes. Loss of consciousness is not required to diagnose or prove a TBI. Many brain injuries occur without a complete blackout.

What if the insurance company says my MRI is “normal”?

TBIs—especially mild ones—don’t always show up on MRIs or CT scans. A diagnosis can still be supported by clinical evaluations and symptom tracking.

What if I didn’t go to the doctor right away?

It’s still possible to pursue a claim, but delay in treatment can make it harder. That’s why it’s critical to seek medical attention as soon as possible and speak with an attorney right away.

Can I get compensation if the accident aggravated a prior head injury?

Yes. Texas law allows you to seek compensation if an accident worsens a pre-existing condition. This is known as the “eggshell skull rule.”

How long do I have to file a TBI claim in Texas?

You typically have two years from the date of the accident to file a personal injury lawsuit under the Texas statute of limitations.

Don’t Wait to Get Help—Your Future Deserves Protection

A traumatic brain injury doesn’t just affect your health—it can impact your family, your career, and your entire future. You deserve to be treated with dignity and to have the support you need to rebuild your life.

If you or someone you love suffered a TBI in a car accident, we encourage you to reach out today. Our legal team is here to listen, guide you, and fight for every dollar you’re entitled to under Texas law.

Don’t let insurance companies downplay your injury or rush you into a lowball settlement. Let Carrollton Injury Law help you pursue the full compensation you deserve.