A brain injury can change everything in an instant. You or your loved one may now be dealing with daily pain, confusion, memory loss, or mobility problems that weren’t there before. These injuries can take away jobs, relationships, and independence. If someone else’s careless actions caused this, you shouldn’t have to carry the cost alone. A Texas brain injury lawyer from Cowen | Rodriguez | Peacock can help you hold the responsible party accountable.
We know how devastating these cases can be. We’ve worked with families who have had to adjust to life after a traumatic brain injury. Our team builds every case with care, drawing on years of experience representing those affected by serious injuries throughout Texas. We’re ready to listen, offer guidance, and fight for the maximum compensation available under the law.
ou don’t have to sort through this on your own. Contact us today for a free consultation and learn how we can support your recovery while pursuing justice on your behalf.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Understanding Brain Injuries in Texas
Brain injuries affect how a person thinks, moves, feels, and lives. Some improve over time, while others leave lasting damage. When someone’s carelessness causes the injury, the person harmed has the right to take legal action. To move forward with a case, it helps to know what kinds of injuries qualify, what causes them, and how they can impact daily life.
Types of Brain Injuries
Brain injuries come in several forms. The most common are:
- Concussions: Often caused by a sudden jolt or blow to the head. Even a mild concussion can affect memory, focus, and coordination.
- Contusions: These are bruises on the brain caused by impact. A large contusion might require surgery to relieve pressure.
- Diffuse Axonal Injuries (DAI): These injuries happen when the brain shifts inside the skull, often during high-speed crashes. The damage occurs across many parts of the brain and can lead to lasting disability.
- Penetrating Injuries: These occur when an object pierces the skull and enters the brain. They often cause severe, localized damage and may require emergency surgery.
Some brain injuries heal with time and rest. Others lead to permanent changes in thinking, speech, behavior, or mobility.
Common Causes of Brain Injuries
Many brain injuries happen because someone didn’t act responsibly. Some common causes include:
- Car, truck, or rideshare crashes
- Falls on unsafe property
- Sports injuries
- Defective products
Any of these incidents can lead to serious consequences when the head takes a hard blow or is shaken violently.
Long-term Impact on Victims and Families
The effects of a brain injury often extend far beyond the accident itself. Some people struggle with memory, speech, or concentration. Others lose mobility or experience seizures. Emotional changes like irritability, anxiety, or depression are also common.
The injured person may no longer be able to work or attend school. Family members might have to take time off from jobs or rearrange their lives to provide care. Everyday tasks, like making meals, taking a shower, or managing money, can suddenly require help.
These injuries can disrupt everything from income to relationships. The emotional strain, financial cost, and lifestyle changes add up quickly. Even after medical treatment, therapy, and rehabilitation, some people never return to how they were before. The law in Texas allows those harmed by someone else's negligence to seek accountability and resources to move forward.
What Are My Rights After a Brain Injury in Texas?
When a brain injury happens because of another person’s actions, Texas law allows you to seek help through the legal system. These rights allow you to protect your health, your finances, and your future.
Right to Medical Treatment
You have the right to receive medical care for your injury. This includes emergency services, surgery, rehabilitation, and follow-up treatment. The cost of care can be part of your legal claim, even if it continues for months or years.
Right to Compensation for Damages
Texas law lets you pursue money to cover what the injury has taken away. This includes:
- Medical expenses
- Lost wages or earning ability
- Pain and suffering
- Loss of quality of life
- Mental health treatment
- Physical therapy or in-home care
You also may seek payment for damage to your relationships or emotional well-being.
Right to Legal Representation
You can work with a lawyer who focuses on these cases and understands the law in Texas. Legal representation gives you an advocate who stands between you and the insurance company, gathering evidence and building a strong case.
How Much Is My Brain Injury Case Worth?
Each case is unique. Two people with the same diagnosis may receive very different results, depending on many factors. Your case value depends on what the injury has changed or taken away in your life.
Factors That Determine Case Value
Several things affect how much your claim may be worth:
- How severe the injury is
- Whether recovery is possible
- Cost of medical care, past and future
- How the injury affects work or school
- Impact on family life and daily tasks
- Available insurance coverage
- Whether the responsible party acted recklessly
We work with economists and doctors to get a full picture of these losses before we enter negotiations.
Types of Damages Available
Your legal claim may include both financial and personal losses:
- Hospital stays and surgeries
- Therapy and long-term care
- Medical devices or equipment
- Home modifications
- Lost wages and future earnings
- Physical pain
- Emotional harm
Economic vs. Non-Economic Damages
- Economic damages are the costs you can count and prove with bills and receipts.
- Non-economic damages are less concrete but just as real. These include things like the loss of independence, emotional strain, and ongoing pain.
Texas Brain Injury Laws and Regulations
Texas law provides a legal path for those injured because of someone else’s negligence. To move forward with a brain injury claim, you’ll need to meet deadlines and follow certain rules that apply in the state.
Statute of Limitations for Brain Injury Claims
Texas generally gives injured people two years from the date of the injury to file a lawsuit. Missing that deadline could bar your claim entirely. Some exceptions may apply for minors or cases involving delayed discovery.
Comparative Negligence Rules
Texas follows a modified comparative fault system. That means if you were partly to blame for the injury, your compensation could be reduced. If you’re found to be more than 50% responsible, you won’t be able to recover any money at all.
Insurance Requirements and Coverage
Many brain injury cases involve insurance companies. Texas drivers, businesses, and property owners are required to carry certain levels of liability insurance. However, insurance companies often try to pay as little as possible or deny valid claims. That’s why having legal representation matters.
Who Can Be Held Liable for My Brain Injury?
More than one person or group may be responsible for what happened. Liability depends on where the injury took place, how it occurred, and who had a duty to act with care.
Individual Defendants
Drivers, property owners, or workers who caused harm through carelessness or recklessness may be held personally responsible. For example, a distracted driver who runs a red light and causes a crash that results in brain trauma can be held liable.
Corporate Liability
Businesses can be responsible when their employees or policies cause injuries. A trucking company that fails to train drivers or keep vehicles safe may be part of a brain injury lawsuit.
Government Entity Responsibility
When unsafe roads, government workers, or public property contribute to an injury, a city, county, or state agency might be responsible. These cases follow special rules, including shorter timeframes for filing claims.
What Evidence Do I Need for My Brain Injury Case?
Strong evidence helps build the case and prove how the injury happened, who caused it, and what damages resulted. The more information you can gather early, the stronger your legal claim may be.
Medical Documentation Requirements
Your medical records tell the story of your injury. They include:
- Emergency room reports
- CT scans and MRIs
- Notes from neurologists and other specialists
- Treatment plans and recovery timelines
- Proof of ongoing symptoms
Witness Testimony and Expert Opinions
People who saw the event or understand the effects of brain trauma can strengthen your case. This includes:
- Eyewitnesses to the accident
- Friends or family who notice behavior changes
- Doctors who describe the long-term impact
Accident Scene Evidence
Photos, videos, police reports, and other scene documentation can show how the injury occurred. In some cases, lawyers work with accident reconstruction professionals to piece together exactly what happened.
How Our Attorneys Can Help
At Cowen | Rodriguez | Peacock, we take a hands-on approach to each brain injury case. We prepare every claim as if it’s going to trial, even if it eventually settles. That preparation helps us stay ready and put pressure on the at-fault party and their insurer.
Comprehensive Case Investigation
We gather all the facts, from crash reports and surveillance footage to medical records and employment documents. We also track down witnesses and investigate past complaints or safety issues.
Medical Expert Network
We work with trusted doctors and specialists who understand brain injuries. These professionals help us explain how the injury has changed your life and what recovery will require.
Negotiation with Insurance Companies
Insurance companies often try to reduce payouts or delay claims. We step in and deal directly with them, using evidence to push for the maximum compensation available.
Trial Representation
If the at-fault party refuses to take responsibility, our team won’t hesitate to take your case to court. We have experience presenting complex medical evidence to juries in a clear and relatable way.
Ongoing Support Throughout Recovery
We keep clients informed, involved, and supported throughout the case. If you need help finding care, understanding paperwork, or answering insurance questions, we’re here for that too.
Why Choose Our Firm
Many firms take on brain injury claims. Few put in the time and energy that these cases truly need. At Cowen | Rodriguez | Peacock, we know what’s at stake, and we don’t cut corners.
Proven Track Record in Brain Injury Cases
We’ve helped Texans recover meaningful compensation after life-altering brain injuries caused by reckless drivers, unsafe premises, and other negligent acts.
Extensive Knowledge of Texas Law
Our team knows how Texas courts handle brain injury claims and what tactics insurance companies use to avoid accountability.
No Fee Unless We Obtain Compensation
You won’t pay us unless we recover money for your case through a settlement or trial award.
Client-Centered Approach
We treat every client like a person, not a case number. You’ll get honest advice, regular updates, and answers to your questions.
Local Texas Experience
We live and work in Texas. We understand the courts, the local laws, and the impact these injuries have on our communities.
Frequently Asked Questions About Texas Brain Injuries
Can I still recover compensation if I was partially at fault?
Yes, as long as you were not more than 50% responsible. Your recovery would be reduced based on your share of fault.
What if the brain injury symptoms don't appear immediately?
Some symptoms take days or weeks to show up. You should still seek medical care right away and document everything. Delayed symptoms don’t prevent you from filing a claim.
How do I handle medical bills while my case is pending?
In some cases, health insurance or letters of protection from providers can cover the costs temporarily. Our team can help you explore your options.
What happens if the at-fault party doesn't have insurance?
You may still have options through your own uninsured motorist coverage or by suing the person directly. We’ll look into all sources of recovery.
Contact Our Brain Injury Attorneys in Texas for Help
After a brain injury, time matters. The sooner you speak with a lawyer, the better your chance of building a strong case. Evidence disappears, memories fade, and deadlines pass quickly.
Let Cowen | Rodriguez | Peacock handle the legal work so you can focus on your recovery. We offer free, confidential consultations, and we’re ready to hear your story. Call us today at (210) 941-1306 to get started. You don’t have to carry this alone. Let us stand beside you.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.