How Much Compensation Do You Get for a Brain Injury in Texas?

How Much Compensation Do You Get for a Brain Injury in Texas?

A brain injury can make you feel like a different person, and it can derail every part of your life. Your ability to work, connect with loved ones, function day-to-day, and complete once-simple tasks may be challenging now, if not impossible.

If you or someone close to you is suffering from a traumatic brain injury (TBI) in Texas, you're probably worried about whether your life will ever be normal again. Meanwhile, medical bills pile up, you’re missing work and losing income, and you’re not certain what your future will look like. 

It’s only fair for you to pursue compensation for a brain injury in Texas if your suffering is the result of someone else’s negligence. One of the first steps in taking legal action is learning what to expect and how much compensation you may get for your brain injury. Knowing these basics can help you make more informed decisions when you consult a Texas personal injury lawyer.

Key Takeaways

• Traumatic brain injuries often don’t show up on medical scans but still have long-term effects.
• Diagnosis terms like "mild" or "severe" refer only to early symptoms, not long-term impact.
• Compensation for a brain injury in Texas may include medical bills, lost wages, and emotional distress.
• Future care costs and lost earning potential are significant components of many claims.
• Brain injury claims involving commercial vehicles or companies may result in higher settlements.
• Every case is unique and depends on the facts, including severity, liability, and financial loss.
• A skilled attorney can help you build a strong case, gather evidence, and pursue full compensation.

How Are Brain Injuries Different From Other Injuries?

Traumatic brain injuries (TBIs) aren’t like broken bones or visible wounds. They often don’t show up on scans, yet they can alter a person’s ability to think, feel, and function. The symptoms are unpredictable, sometimes appearing immediately and sometimes developing over weeks or months. This often makes them medically difficult to define and legally challenging to prove.

Diagnosis Isn’t Always Predictive

A common point of confusion is the classification of a TBI as "mild," "moderate," or "severe." These terms come from the initial evaluation, often at the scene of the injury or during early medical visits, and they refer to how the injury presented at that moment. What they don't tell you is how long the symptoms will last or how much of your life they’ll affect.

For example, a so-called “mild” TBI may cause persistent headaches, memory problems, and emotional changes that last for years. On the other hand, someone with an initial “severe” diagnosis may recover more fully than expected. That’s why legal claims should focus on the injury’s long-term impact, not just the initial label.

Invisible Injuries, Real Consequences

Most TBIs don’t show up on MRIs or CT scans unless there’s visible bleeding or skull penetration. In many cases, the injury is diagnosed based on reported symptoms, behavioral changes, and neurological evaluations. This makes it easier for insurance companies to challenge claims or argue that symptoms are exaggerated or unrelated.

Cognitive and Emotional Impacts Can Be Life-Altering

Unlike other injuries, a brain injury can change how you process information, interact with others, or control emotions. Victims may experience mood swings, anxiety, depression, or difficulty concentrating—issues that aren’t always visible to others but deeply affect your daily life. 

These symptoms can strain relationships, limit employment opportunities, and create a profound sense of isolation. When you pursue a legal claim, these emotional and cognitive challenges are just as important to document as physical symptoms.

Factors That Affect the Value of a Brain Injury Case

There is no standard payout for a brain injury case. Every injury is unique, and each case is different. While it’s impossible to give specific amounts, we can look at several key factors that influence how much compensation you may receive.

Severity and Duration of Symptoms

Long-lasting or permanent symptoms usually result in higher compensation. For example, if a brain injury limits your ability to work or requires around-the-clock care, your claim value will likely increase to reflect those losses.

Your Age and Occupation

Younger people and those with high-paying or specialized careers often have higher lifetime income loss when a brain injury occurs. Texas law allows you to pursue compensation that accounts for what you would have earned had the injury not occurred.

The Circumstances of the Accident

How the brain injury happened plays a big role. If you were struck by a commercial vehicle like an Amazon or FedEx truck, or injured in a truck accident involving a violation of federal safety laws, that may increase the value of your claim. Commercial vehicle cases also tend to involve larger insurance policies.

Level of Liability

Texas follows a modified comparative fault rule. If you’re found to be partially at fault for the accident that caused your brain injury, your compensation may be reduced by your percentage of fault, as long as you’re not 51% or more at fault.

Because of this rule, insurance companies often try to shift the blame onto the brain injury victim. This is one reason why it’s critical to have a legal team that knows how to counter attempts to place undue blame on you for the accident. 

Common Causes of Brain Injuries That Lead to Legal Claims

Brain injuries can occur in many situations, but not every injury results in a viable legal claim. To file a lawsuit in Texas, your injury must have been caused by someone else’s negligence or wrongful actions.

Some of the most common causes include:

• Commercial truck accidents caused by fatigued or speeding drivers,
• Delivery truck accidents involving companies such as UPS, Amazon, or local delivery services
• Passenger vehicle collisions with reckless or distracted drivers
• Falls on unsafe property (such as broken stairs or wet floors)
• Pedestrian accidents involving failure to yield or speeding drivers
• Product malfunctions that lead to blows to the head

These accidents often involve complex insurance policies and detailed investigations. A successful claim will need to show how the injury occurred, who was responsible, and how your life has been impacted since.

How Insurance Companies Handle Brain Injury Claims

When it comes to brain injuries, insurance companies are not on your side. These claims are expensive and difficult to prove, which means insurers often look for ways to deny or minimize payouts. They may argue that your symptoms are unrelated to the accident, point to gaps in treatment, or claim your injury existed before the incident.

Many traumatic brain injuries, especially those involving microtraumas or post-concussive symptoms, don’t show up on traditional imaging. This gives insurers room to question whether you're really injured. 

However, visible damage is not required for a valid brain injury claim. If your cognitive function, mood, memory, or physical coordination has changed since the incident, and medical professionals support that timeline, your claim deserves serious consideration.

Even when liability is clear, insurers may try to rush a settlement before the full effects of the injury are known. Once you sign a release, you can’t go back and ask for more, even if new symptoms appear later. That’s why it’s vital not to settle too quickly.

What Makes Brain Injury Cases in Texas Especially Challenging?

Texas law has a few nuances that affect brain injury lawsuits. While the legal framework gives injured people a path to compensation, it also creates obstacles that must be handled strategically.

Modified Comparative Fault

As mentioned earlier, Texas uses a modified comparative fault system. If you’re found 20% at fault, your damages will be reduced by 20%. But if you’re more than 50% at fault, you can’t recover anything. This means fault allocation becomes one of the most contested parts of any case.

In accidents involving commercial vehicles, the defense often tries to share liability with the injured party. A skilled lawyer can present evidence that counters those claims and emphasizes the other party’s negligence.

Statute of Limitations

In Texas, the statute of limitations for personal injury lawsuits generally allows two years from the date of the injury to file a personal injury lawsuit. This deadline is firm. If you wait too long, your claim may be dismissed, no matter how severe the injury.

However, brain injuries sometimes take time to diagnose. If symptoms develop later or the injury isn’t discovered right away, exceptions may apply, but these are narrow and require strong legal support to pursue.

Tort Reform Considerations

While there is no cap on economic or non-economic damages in most personal injury cases in Texas, damage caps do exist in some types of cases. This is one more reason to have your case evaluated by an attorney familiar with TBI claims across different contexts.

When to Involve a Lawyer for a Brain Injury Claim

You may not need a lawyer for every injury. But when it comes to traumatic brain injuries, especially ones caused by someone else’s negligence, it could be a costly mistake to go it alone. These are not simple claims. They require detailed medical documentation, expert opinions, and clear evidence showing how the injury has affected your life.

An experienced attorney can:

• Work with neurologists, neuropsychologists, and life care planners
• Build a strong case around symptoms that aren’t easily visible
• Push back against lowball settlement offers
• Handle communications with insurers and defense attorneys
• Protect your right to long-term care and full compensation

Early involvement can also preserve critical evidence, such as video footage, witness testimony, and digital driving records from commercial trucks. Once lost, that information can’t be recovered.

FAQs About Brain Injury Compensation in Texas

You Don’t Have to Handle This Alone. Call Cowen | Rodriguez | Peacock Today

At Cowen | Rodriguez | Peacock, we understand how high the stakes are when a traumatic brain injury puts your future, your family, and your financial stability on the line. Our Texas personal injury attorneys have extensive experience with brain injury cases, including those involving car accidents, commercial vehicle crashes, unsafe property conditions, and serious falls.

We know how to pursue maximum compensation for the full range of losses that brain injury victims face. From securing expert medical testimony to holding powerful defendants accountable, we handle the legal burdens so you can focus on healing.

We serve clients throughout San Antonio and across Texas. If you’re ready to take the next step toward justice, we’re here to help. Call us at (210) 941-1306 or contact us online for a free, confidential consultation.