How to File a Traumatic Brain Injury Lawsuit in Texas

To file a traumatic brain injury lawsuit in Texas, document your injury, gather evidence, and file suit within two years of the accident. Texas law requires evidence showing another party’s carelessness caused your TBI, and if the insurer will not offer a fair settlement, your case can proceed through discovery, mediation, and trial to secure full compensation.

A traumatic brain injury can upend every part of your life, from memory loss and chronic headaches to mounting medical bills and time away from work. Texans hurt in car accidents, truck crashes, slip and falls, and workplace incidents are often left wondering whether their harm was truly someone else’s fault, and what steps they need to take to hold that person or company accountable in court.

The process feels more complicated because Texas law requires you to prove four specific legal elements, meet a strict two-year filing deadline, and build a case strong enough to survive an insurance company that will look for any excuse to dispute your diagnosis. TBIs often will not show up on a standard CT scan, so insurers frequently argue your symptoms are exaggerated or unrelated to the accident, leaving many victims unsure how to move forward.

This guide walks you through the entire process in plain language, using what Ryan DeHoyos and our team have learned from years of representing injured Texans. You will discover what you must prove to win your case, the exact steps for filing a traumatic brain injury lawsuit in Texas, and how a Texas brain injury attorney can help you pursue the full compensation you deserve.

What Must You Prove in a Texas Brain Injury Lawsuit?

Texas personal injury law requires us to prove the other party was negligent. Every case depends on four elements.

• Duty of care: The defendant had a legal responsibility to act safely toward you, every driver, property owner, and employer carries this duty.
• Breach of duty: They violated that responsibility, such as texting while driving, ignoring a floor hazard, or failing to maintain safe equipment.
• Causation: Their specific failure directly caused your TBI.
• Damages: You suffered real, measurable harm, medical bills, lost wages, pain, and disruption to your daily life.

Texas also uses a rule called modified comparative negligence. This means you can still recover compensation as long as you are 50% or less at fault, but your award is reduced by your percentage of responsibility. If you are found 51% or more at fault, Texas law bars you from recovering anything. 

Courts weigh police reports, witness statements, and other evidence to assign each party their share of fault, which is why documentation from the very beginning matters.

One pattern we consistently see in Harris County brain injury claims is that adjusters focus their pushback on the causation element within the first few weeks after a crash, particularly on busy corridors like the Sam Houston Tollway and the I-10 Katy Freeway corridor. Insurers frequently argue that a preexisting condition, not the collision, explains a claimant’s symptoms, which is why we push clients to lock in medical documentation immediately. 

Across the TBI claims we’ve handled that end up filed in Harris County civil courts, the strongest cases are the ones where causation is backed by contemporaneous medical records rather than records assembled months later.

Step-by-Step: Filing Your Texas Brain Injury Lawsuit

To file a TBI lawsuit in Texas, you must document your injury, identify the at-fault party, file a legal document called an Original Petition in the correct county court within two years, and formally serve the defendant. Here is how each step works.

Get Medical Care and Document Symptoms

See a doctor immediately, even if you feel fine, because TBI symptoms like headaches, memory problems, and mood changes often appear days or weeks after the injury. We also recommend keeping a daily journal of your symptoms, because those records frequently become some of the most powerful evidence in your case.

Preserve Evidence and Report the Incident

Evidence disappears quickly after an accident. File a police or workplace incident report right away, photograph the scene and your injuries, and gather the names and contact information of any witnesses.

Talk to a Texas Brain Injury Attorney Early

Before you give a recorded statement to any insurance company or sign any paperwork, call a lawyer. An attorney can step in immediately, preserve critical evidence, and shield you from adjusters trained to reduce or eliminate your claim.

Investigate Liability and Identify All Defendants

Many TBI cases involve more than one responsible party. A trucking company and its driver, a property owner and their maintenance contractor, or a manufacturer and a retailer can all share liability. We work with accident reconstruction specialists and medical experts to identify everyone who contributed to your injury.

File Insurance Claims and Send a Demand Letter

Most cases begin with a formal insurance claim and a demand letter that outlines your injuries, the at-fault party’s responsibility, and the compensation you are owed. This gives the insurer a fair opportunity to settle before a lawsuit becomes necessary.

File the Original Petition in Texas Court

If the insurance company refuses a fair offer, we file a lawsuit. An Original Petition is the formal legal document that starts your case in the Texas court system, typically filed in the county where the accident happened. The Texas Rules of Civil Procedure also set out the procedural rules governing pleadings.

Exchange Discovery and Take Depositions

Once a lawsuit is active, both sides enter discovery, a structured exchange of evidence and information. This includes written questions called interrogatories, document requests, and depositions, which are recorded interviews conducted under oath. We prepare you completely before any deposition.

Attend Mediation and Negotiate

Before trial, both sides attend mediation, where a neutral third-party mediator facilitates settlement discussions. The vast majority of Texas TBI cases are resolved at this stage, often for more than the insurer originally offered.

Go to Trial if Necessary

If the other side refuses to be reasonable, we take your case to a jury. A firm genuinely prepared to go to trial almost always secures stronger settlements, because insurers know we will not accept less than you deserve.

What Evidence Wins a Texas Brain Injury Case?

TBIs are often invisible on a standard CT scan, and insurance companies exploit this to dispute the seriousness of your injury. We build your case with the evidence that actually wins.

• Advanced brain imaging: MRIs with Diffusion Tensor Imaging (DTI) detect damage that basic scans miss entirely.
• Neuropsychological testing: These evaluations document memory loss, cognitive deficits, and reasoning impairment with clinical precision.
• Medical records: Emergency room notes, specialist consultations, and therapy records trace the full scope of your injury and recovery.
• Expert testimony: Neurologists, life care planners, and vocational experts explain the long-term consequences of your TBI to a judge and jury.
• Before-and-after statements: Family, friends, and coworkers can describe the direct changes they have observed in your personality, abilities, and quality of life.

Texas law also protects you under what is known as the eggshell plaintiff rule. This rule means that if a pre-existing condition made you more susceptible to injury, the defendant is still fully liable for every consequence of the harm they caused. Insurers frequently argue that prior conditions explain your symptoms, but the law does not allow them to escape responsibility on that basis.

A tactic we see repeatedly from insurance adjusters handling TBI claims in Harris County is disputing a diagnosis simply because an initial emergency room CT scan came back clean. 

What we find is that clients treated at trauma centers like the Red Duke Trauma Institute at Memorial Hermann-Texas Medical Center often need follow-up neuropsychological testing or DTI imaging weeks later to confirm what the first scan missed, and insurers use that gap to argue the injury was never that serious. 

In our experience handling brain injury cases across Harris County, closing that gap with early expert referrals is often what separates a fair settlement from a lowball offer.

What Compensation Can You Recover in a Texas TBI Lawsuit?

Texas law allows brain injury victims to pursue three types of compensation, called damages.

Texas does not cap non-economic damages in most personal injury cases, which matters enormously in severe TBI claims. When a brain injury costs you your independence, cognitive ability, or quality of life, Texas law lets us pursue full compensation for those losses. Our firm regularly secures strong recoveries for injured Texans because we know how to prove a catastrophic injury’s full value.

“I was in a car accident and hired Ryan to level the playing field. Ryan was very responsive and I actually spoke to the lawyer I hired. Ryan was very helpful, direct, and provided very useful information. I personally want to thank Ryan DeHoyos for handling my case as fast as possible. I would definitely recommend Ryan DeHoyos that is seeking a personal injury attorney!” – Thelma M.

How Long Do You Have to File a TBI Lawsuit in Texas?

In Texas, you have two years from the date of injury to file a lawsuit. This deadline is called the statute of limitations, and courts enforce it without exceptions, miss it and you almost certainly lose your right to sue permanently.

A few important exceptions apply:

• Texas’s discovery rule may extend your filing deadline when symptoms are genuinely delayed, but you should speak with an attorney as soon as you become aware of the injury.
• Minor children: The two-year period does not start until the child turns 18.
• Mental incapacity: If the TBI leaves someone legally incapacitated, the deadline may be paused until capacity is restored.
• Government entity claims: Claims against government bodies carry shorter notice deadlines, sometimes as little as six months.

Do not wait to find out which deadline applies to your situation.

Across the TBI claims we’ve filed in Harris County, the deadline confusion we see most often involves clients who assumed the two-year clock started on the date they were diagnosed rather than the date of the actual incident. 

Original Petitions in these cases are filed with the Harris County District Clerk and typically proceed through the Harris County Civil Courthouse, and waiting even a few extra weeks to confirm which deadline applies can mean the difference between a viable claim and a case that gets dismissed before it starts. 

That is why we tell every client with a suspected TBI to get a filing deadline confirmed in writing as soon as possible.

Why Choose DeHoyos Accident Attorneys for Your Texas Brain Injury Case

Life doesn’t stop after a brain injury. Neither do we. When you work with our firm, you work directly with attorney Ryan A. DeHoyos, not a paralegal, not a case manager, and not a rotating team of strangers.

We deliberately reject the “personal injury mill” model, where high-volume firms push clients toward fast, low settlements to clear their caseloads. Your case is not a number to us, every strategy we build is shaped by your medical needs, your financial situation, and your family’s long-term recovery.

• Direct attorney access: Ryan DeHoyos handles your case personally, from day one to resolution.
• Proven results: Over 1,000 cases handled and more than $20 million recovered for injured Texans.
• Local knowledge: More than a decade litigating in Houston, Pearland, and League City courts.
• Full resources: Investigators, medical experts, and accident reconstruction specialists working for you.
• No upfront cost: We work on contingency, you pay nothing unless we win your case.

“Ryan DeHoyos is the MAN when it comes to legal representation for an injury in an accident. Ryan and his staff treated me like family. They kept me informed about my case and were readily available to speak to me. DeHoyos Accident Attorneys is definitely different than the rest!” – Hector M.

We also help clients access medical care through letters of protection, arrangements where your provider treats you now and receives payment from your settlement. This matters in brain injury cases because thorough medical documentation often determines the final value of your claim.

“AWESOME legal representation. Ryan is an amazing attorney to have on your side. He was very responsive to all of my phone calls and if he was busy then he would make time to talk to me about my case. Outstanding service by this lawyer who puts their clients first. 

Ryan treated me like I was his only case. I would definitely recommend Ryan to anyone that is involved in a motor vehicle accident. Ryan leveled the playing field with the big insurance company. Definitely exceeded expectations on my recovery!” – David M.

Brain Injury Claims Have a Filing Deadline

Evidence fades, witnesses move on, and the two-year clock on your case is already running. Contact DeHoyos Accident Attorneys today for a free, no-obligation consultation, you pay nothing unless we win.

Texas Brain Injury Lawsuit FAQs

Do I Have to File an Insurance Claim Before a Lawsuit in Texas?

No, you can file suit directly, but most cases start with an insurance claim because a fair settlement is often faster than going through the full litigation process.

Can I File a Lawsuit if My TBI Symptoms Appeared Weeks After the Accident?

Yes, it is often possible. Texas’s discovery rule may extend your filing deadline when symptoms are genuinely delayed, but you should speak with an attorney as soon as you become aware of the injury.

Can I Recover Compensation if I Was Partly at Fault for the Accident?

Yes, as long as you are 50% or less responsible, you can still recover. Your final award is simply reduced by your percentage of fault.

Who Files the Lawsuit if the TBI Victim Is a Minor or Incapacitated?

A parent, legal guardian, or court-appointed representative can file on behalf of an injured child or an adult who has been declared legally incapacitated.

Will I Have to Attend a Defense Medical Exam During My Lawsuit?

In most lawsuits, yes. The defense has the right to request their own medical examination, and we will fully prepare you before that appointment.

How Long Does a TBI Lawsuit in Texas Usually Take?

Recovery times vary widely depending on the injury’s severity. Some people recover relatively quickly, while severe cases that require long-term care can take significantly longer.

What Do Texas Brain Injury Attorneys Charge and Who Pays Case Costs?

Our firm operates on a contingency fee of roughly one-third of your recovery, and we advance all case costs, so you pay nothing out of pocket unless we win.

What Should I Avoid Doing After a Suspected Brain Injury?

Do not post about your accident or your health on social media, and never give a recorded statement or sign documents from an insurance company before speaking with your attorney.