Houston Personal Injury Law
A traumatic brain injury can upend your income, your relationships, and your independence in an instant. Texas law gives you two years to act. Orange Law Firm represents TBI victims in Houston and across Texas — on a contingency fee basis. You pay nothing unless we recover compensation for you.
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A traumatic brain injury (TBI) occurs when an external force — a blow, jolt, or penetrating injury to the head — disrupts normal brain function. TBIs range from a mild concussion to severe injuries causing permanent cognitive impairment, paralysis, or death. What makes them legally complex is that symptoms are frequently delayed, often invisible on early imaging, and routinely minimized by insurance companies trained to pay as little as possible.
More than 144,000 Texans suffer a traumatic brain injury each year. Many of those injuries happen on Houston's most dangerous corridors — I-45, US-59, I-10, and the Beltway — where heavy truck traffic, high speeds, and distracted drivers create conditions for violent head trauma. Others happen on construction sites, in offshore incidents, or as a result of falls on negligently maintained property.
Regardless of how your injury occurred, if someone else's negligence caused it, Texas law gives you the right to seek compensation. The challenge is proving it — which is where an experienced Houston brain injury lawyer makes the difference between a fair recovery and a denied or underpaid claim.
Insurance companies routinely argue that a "mild" TBI means a minor injury. That is not accurate. Even a mild TBI can cause lasting cognitive damage that prevents you from returning to work or living as you did before. How your injury is classified directly affects the value of your claim — and how aggressively adjusters will fight it.
Mild TBI
Brief or no loss of consciousness (under 30 minutes). Initial CT and MRI scans often appear normal. Symptoms include headaches, memory gaps, difficulty concentrating, sleep disturbance, and mood changes.
Legal challenge: Adjusters call this "just a concussion" and offer minimal settlements. Without neuropsychological testing and expert testimony documenting cognitive impact, these claims are routinely underpaid.
Moderate TBI
Loss of consciousness between 30 minutes and 24 hours. Post-traumatic amnesia up to 7 days. Measurable cognitive, behavioral, and physical deficits. Often requires inpatient rehabilitation.
Legal challenge: Requires a life care plan projecting future costs. Vocational experts quantify earning capacity loss. These cases carry significant long-term economic damages that must be documented by specialists.
Severe TBI
Loss of consciousness exceeding 24 hours. Post-traumatic amnesia beyond 7 days. Permanent neurological damage — paralysis, loss of speech, vegetative state, or death.
Legal challenge: These cases carry the highest damages and the most aggressive defense litigation. Insurers bring significant legal resources. You need a trial-experienced TBI attorney willing to take the case to verdict.
One critical note: Texas law recognizes the discovery rule for TBI claims where symptoms are delayed — which is common with mild TBI. The two-year clock may start from the date you discovered, or reasonably should have discovered, the injury. Under Tex. Civ. Prac. & Rem. Code § 16.001, the statute is also tolled for minors and individuals of unsound mind — directly relevant in severe TBI cases where the victim is incapacitated. Do not assume your window has closed without speaking to an attorney first.
TBIs in Houston most commonly result from high-speed collisions, falls from height, and accidents in the city's industrial and construction sectors. Each cause type carries its own liability structure and evidentiary requirements.
I-45, US-59, I-10, and Loop 610 are among Houston's most dangerous corridors. Car and motorcycle collisions cause the majority of civilian TBIs in Harris County — including coup-contrecoup injuries where the brain strikes the skull on both sides during a violent stop.
Commercial trucks can weigh up to 80,000 lbs. The impact force in a truck collision is catastrophic for passenger vehicle occupants. TBIs from truck accidents frequently qualify as moderate-to-severe, with significant long-term care costs and lost earning capacity claims.
Houston's construction industry is one of the largest in the country. Falls from scaffolding, being struck by falling objects, and equipment failures are leading causes of TBI on Texas job sites. Third-party liability claims — separate from workers' compensation — can significantly increase total recovery.
Premises liability TBIs occur in apartment complexes, restaurants, retail stores, and parking lots across Houston. When a property owner fails to maintain safe conditions — wet floors, inadequate lighting, uneven surfaces — they can be held liable for resulting head injuries under Texas premises liability law.
Houston's proximity to the Gulf of Mexico means a significant number of TBI cases involve offshore oil workers covered under the Jones Act or the Longshore and Harbor Workers' Compensation Act. These federal maritime claims operate under different rules than standard Texas personal injury cases.
Explosions, equipment failures, and chemical exposure events in Houston's petrochemical corridor can cause TBIs with overlapping physical and neurological symptoms. These cases often involve multiple liable parties — contractors, equipment manufacturers, and well operators — each with separate insurance coverage.
This is what most law firm pages leave out. Understanding what adjusters actually do gives you a realistic picture of why having legal representation matters — and why settling early almost always leaves money on the table.
Standard CT scans miss the majority of mild-to-moderate TBIs. Diffuse axonal injuries, microbleeds, and white matter changes require advanced imaging — DTI or functional MRI — that most emergency rooms do not routinely order. Insurers use clean CT results to deny or minimize claims. A proper TBI case requires neuropsychological testing and expert witnesses who understand what standard imaging misses.
Any prior history of headaches, anxiety, depression, or previous head injury — even years before the accident — will be cited by adjusters to attribute your current TBI symptoms to those prior conditions. Documenting the specific change in your cognitive baseline after the accident is critical to defeating this argument. Neuropsychological testing that compares pre- and post-accident function is the most effective rebuttal.
TBI symptoms can worsen or evolve for months after an accident. Insurers frequently make fast, low settlement offers in the weeks immediately following an injury — before the full cognitive, emotional, and physical damage is apparent. A signed release bars any future claims, even if your condition deteriorates significantly. Never accept a TBI settlement without first consulting an attorney.
Insurance companies routinely hire private investigators and conduct extensive social media reviews of TBI claimants. A single photo at a family event — even one where you are visibly struggling — can be presented out of context to dispute your claimed limitations. Anything you post publicly can and will be used against you.
For TBIs where there was no obvious head strike — such as rotational forces in a rear-end collision — insurers argue the accident could not have caused the brain injury. Establishing causation requires accident reconstruction experts, biomechanical engineers, and treating physicians who can connect the mechanism of injury to the documented neurological damage.
Texas personal injury law allows TBI victims to recover two broad categories of damages. In cases involving gross negligence — a drunk driver, a company that knowingly violated safety regulations — punitive damages may also be available under Tex. Civ. Prac. & Rem. Code § 41.003.
Important: Texas does not cap non-economic damages in personal injury cases. The cap under Tex. Civ. Prac. & Rem. Code § 74.301 applies to medical malpractice cases only. A TBI arising from a car accident, construction accident, or premises liability claim is uncapped on non-economic damages — which means thorough documentation and experienced legal advocacy makes a direct and material difference in what you recover.
TBI cases are among the most complex in personal injury law. The process from consultation to resolution typically takes 12 to 36 months depending on injury severity and whether the case goes to trial. Here is what that process looks like.
We review your facts, documents, and medical records at no cost and give you an honest assessment — including whether pursuing a claim makes sense. We do not take every case. We take cases we believe we can win.
In the first days after hiring us, we issue legal hold letters, preserve surveillance footage before it is overwritten (typically 24–72 hours), secure black box data from commercial vehicles, and collect police reports and witness statements. Evidence disappears quickly — this step cannot wait.
We coordinate with neurologists, neuropsychologists, life care planners, and vocational experts to document the full extent of your TBI — including future care needs, cognitive impact, and lifetime earning capacity loss. This expert foundation is what separates a strong TBI case from one that gets undervalued at the negotiating table.
We identify every party with potential liability — drivers, employers, vehicle manufacturers, property owners, contractors. In commercial truck cases, we investigate hours-of-service records, maintenance logs, driver history, and FMCSA compliance. In construction cases, we examine OSHA records, subcontractor agreements, and equipment documentation.
Once your medical condition has stabilized and the full scope of damages is documented, we send a formal demand to all liable parties and their insurers. We negotiate from a position of preparation — backed by expert reports, economic analysis, and the credible threat of trial.
If insurers refuse a fair settlement, we file suit in Harris County District Court. Attorney Karan Joshi is a trial attorney — not a settlement mill that pressures clients into inadequate offers to avoid court. Insurance companies negotiate more seriously when they know the opposing attorney is prepared to take the case to verdict.
How long do I have to file a brain injury lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file a personal injury lawsuit, including TBI claims. Courts dismiss cases filed after this deadline regardless of how strong the claim is.
Exceptions exist. If the injured person is a minor, the clock does not start until age 18 (§ 16.001). If the victim is of unsound mind — directly relevant in severe TBI cases — the deadline may be tolled until they regain capacity or a guardian is appointed. Do not assume your window has closed without speaking to an attorney first.
My CT scan was normal. Does that mean I don't have a TBI?
No. Standard CT scans miss the majority of mild-to-moderate traumatic brain injuries. Diffuse axonal injury, microhemorrhages, and white matter damage require advanced imaging — diffusion tensor imaging (DTI) or functional MRI — that most emergency rooms do not routinely order. A normal CT result means no fractures or large bleeds were identified. It does not rule out a TBI.
Neuropsychological testing — which assesses memory, processing speed, executive function, and emotional regulation — is a more reliable indicator of functional TBI than standard imaging. Insurance companies know this, which is why a normal CT scan is one of their primary tools for denying claims.
What is my Houston TBI case worth?
There is no reliable generic answer. TBI case value depends on: severity and permanence of the injury, pre-injury income and earning capacity, extent of future care needs, defendant's degree of fault, and available insurance coverage. Mild TBI cases with full recovery may settle for tens of thousands of dollars. Severe TBI cases involving permanent impairment can be worth multiple millions.
TBI cases handled by attorneys consistently result in higher recoveries than those handled without representation — because properly documented claims backed by medical expert testimony are far harder for insurers to minimize at the negotiating table.
What if the other driver's insurance isn't enough to cover my TBI?
Texas requires minimum liability insurance of $30,000 per person. For serious TBI cases, this is often far below actual damages. Several options exist: if the at-fault driver operated a commercial vehicle, the employing company typically carries much higher policy limits and may itself be liable. Your own uninsured/underinsured motorist (UM/UIM) coverage can supplement recovery. In cases involving multiple liable parties — a defective vehicle component, a third-party contractor — additional defendants bring additional coverage. We investigate every potential source of recovery in serious TBI cases.
Can I still file a TBI claim if I was partly at fault?
Yes — unless you are more than 50% at fault. Texas follows modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001. If you are 30% at fault, your damages are reduced by 30%. If you are 51% or more at fault, you recover nothing. Insurance adjusters routinely try to assign fault to TBI victims to reduce payouts. An attorney's role is to counter those arguments with evidence.
How much does a Houston brain injury lawyer cost?
Orange Law Firm handles TBI cases on a contingency fee basis — no attorney's fees unless we recover compensation for you. Our fee is a percentage of the recovery, agreed upon at the start of the engagement. No hourly charges, no upfront retainers, no out-of-pocket costs to get started. The contingency model means our interests are fully aligned with yours.
What should I do immediately after a suspected head injury in Houston?
First: seek immediate medical evaluation even if you feel fine. TBI symptoms are frequently delayed — adrenaline masks early signs and pressure builds gradually. Insist that the treating physician documents any neurological symptoms, even mild ones.
Second: do not give a recorded statement to the other party's insurance adjuster before speaking with an attorney. Adjusters are trained to elicit statements that minimize claims. Third: document everything — photographs, witness contact information, and a personal log of symptoms as they develop. Fourth: contact a brain injury attorney promptly. Early case investigation — particularly evidence preservation — significantly improves outcomes.
TBI victims are often eligible for claims across multiple areas. A brain injury from a commercial truck accident involves both catastrophic injury law and commercial trucking litigation. Our team handles the full scope of your case.
Texas gives you two years. Every day that passes, evidence disappears, witnesses forget details, and surveillance footage gets overwritten. If you or a family member has suffered a brain injury in Houston, call us today — at no cost and with no obligation.
📞 (713) 885-9787The information on this page is for general informational purposes only. Nothing on this page constitutes legal advice for any individual case or situation. Reading this page does not create an attorney-client relationship. Results in prior cases do not guarantee or predict outcomes in future cases. Texas statute references are current as of July 2026; consult an attorney for the most current legal standards applicable to your specific situation. Attorney advertising. Attorney Karan Joshi is responsible for the content of this page. © Orange Law Firm. All rights reserved.
