personal injury lawyer<\/a> at Gustin Law Firm can help you understand your options.<\/p>\n\n\n\nTexas Law and Your Right to Compensation After a TBI<\/h2>\n\n\n\n
Texas law gives injured victims the right to pursue compensation from the person or entity responsible for their injuries. Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of the injury to file a personal injury lawsuit. Miss that deadline, and you will almost certainly lose your right to recover damages in court. Two years may sound like plenty of time, but building a strong TBI case takes months of investigation, expert consultation, and documentation.<\/p>\n\n\n\n
There are exceptions to the two-year rule. If the injured person is a minor, the clock does not start until their 18th birthday. If the victim is mentally incapacitated because of the injury itself, the limitations period may be paused until they regain legal capacity. This is especially relevant in serious TBI cases where the victim is in a coma or a persistent vegetative state. Courts apply these exceptions narrowly, so do not assume they apply to your situation without speaking to an attorney.<\/p>\n\n\n\n
If your TBI resulted in a fatal outcome, Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death and survival claims. Under Section 71.004, an action to recover damages is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. The two-year clock for a wrongful death claim begins on the date of death, not the date of the original accident. Under Section 71.021, a personal injury cause of action survives the death of the injured person and can be brought by the heirs or legal representatives of the estate.<\/p>\n\n\n\n
Compensation in a TBI case can include medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, and mental anguish. Under Texas Civil Practice and Remedies Code Chapter 41, exemplary damages may also be available in cases involving gross negligence or malicious conduct. If a drunk driver caused your injury, the criminal charge of intoxication assault under Texas Penal Code Chapter 49 can support a civil claim for punitive damages. Gustin Law Firm handles TBI cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. You should be aware that attorney’s fees and litigation expenses are deducted from any gross recovery amount.<\/p>\n\n\n\n
How Gustin Law Firm Builds a Strong TBI Case<\/h2>\n\n\n\n
A traumatic brain injury case is not like a standard fender-bender claim. The injuries are more severe, the medical evidence is more complex, and the financial stakes are higher. Insurance companies know this, and they often work quickly to minimize what they pay. That is why having an experienced legal team in your corner from day one matters.<\/p>\n\n\n\n
At Gustin Law Firm, we begin by gathering all available evidence. That means obtaining police reports, surveillance footage, witness statements, and black box data from vehicles involved in the crash. In cases involving commercial vehicles or rideshare drivers, there may be additional records from the company itself. We work with accident reconstruction experts and medical professionals to establish exactly how the injury occurred and what it will cost the victim over a lifetime.<\/p>\n\n\n\n
Medical documentation is the backbone of every TBI claim. We help clients obtain records from Houston-area hospitals and trauma centers, including those at the Texas Medical Center, one of the largest medical complexes in the world. Neurologists, neuropsychologists, and life care planners may all play a role in building the evidence needed to present a full picture of the victim’s damages to a jury or an insurance adjuster.<\/p>\n\n\n\n
We also understand how Harris County courts work. From the Harris County Civil Courthouse on Congress Avenue to the federal courthouse in downtown Houston, our attorneys know the local procedures, the judges, and what it takes to present a compelling case in this jurisdiction. We do not just file paperwork. We prepare every case as if it will go to trial, because that preparation is what produces fair settlements and strong verdicts.<\/p>\n\n\n\n
Gustin Law Firm has recovered more than $50 million in total recoveries for our clients across a wide range of personal injury cases, including serious brain injury claims. Attorney’s fees and litigation expenses are deducted from gross recovery amounts. Past results do not guarantee a similar outcome in your case, because every case depends on its own facts and circumstances. What we can promise is that we will fight hard for you and your family from start to finish.<\/p>\n\n\n\n
What to Do After Suffering a TBI in Houston<\/h2>\n\n\n\n
The steps you take in the hours and days after a traumatic brain injury can have a direct impact on your legal case. First, seek medical attention immediately, even if you feel fine at the scene. TBI symptoms can be delayed, and a same-day medical evaluation creates a documented record connecting your injury to the accident. Houston has world-class trauma care available, including Memorial Hermann’s Level I Trauma Center at the Texas Medical Center and Ben Taub Hospital near Greenway Plaza.<\/p>\n\n\n\n
Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Insurance adjusters are trained to ask questions in ways that can reduce or eliminate your claim. Anything you say can be used to argue that your injuries are less serious than they are, or that you were partially at fault for the accident. Under Texas’s modified comparative fault rule, your recovery is reduced by your percentage of fault, and you cannot recover at all if you are found to be more than 50 percent responsible.<\/p>\n\n\n\n
Preserve all evidence you can. Take photos at the scene if you are able to do so safely. Keep all medical bills, prescription receipts, and records of any appointments. Write down what you remember about the accident while the details are still fresh. If you were injured on someone else’s property, report the incident in writing to the property owner or manager before you leave.<\/p>\n\n\n\n
Contact Gustin Law Firm as soon as possible after your injury. The sooner we get involved, the better positioned we are to preserve evidence, identify all liable parties, and protect your rights. Call us today at (713) 491-4792 for a free consultation. There is no fee unless we win your case, and we are ready to help Houston families get the justice they deserve.<\/p>\n\n\n\n
FAQs About Houston Traumatic Brain Injury Lawyer<\/h2>\n\n\n\nHow long do I have to file a TBI lawsuit in Texas?<\/h3>\n\n\n\n
Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the injury to file a personal injury lawsuit. If the injured person is a minor, the clock does not start until their 18th birthday. If the victim is mentally incapacitated as a result of the TBI, the deadline may be paused. Missing this deadline almost always means losing your right to compensation, so contact Gustin Law Firm at (713) 491-4792 as soon as possible.<\/p>\n\n\n\n
What types of damages can I recover in a TBI case in Houston?<\/h3>\n\n\n\n
You may be able to recover economic damages such as past and future medical bills, lost wages, and loss of earning capacity. You may also recover non-economic damages including pain and suffering and mental anguish. In cases involving gross negligence or malicious conduct, Texas Civil Practice and Remedies Code Chapter 41 allows for exemplary damages as well. Attorney’s fees and litigation expenses are deducted from any gross recovery amount at the conclusion of your case.<\/p>\n\n\n\n
What if my loved one died from a traumatic brain injury caused by someone else?<\/h3>\n\n\n\n
Texas Civil Practice and Remedies Code Chapter 71 allows the surviving spouse, children, and parents of the deceased to bring a wrongful death claim. The two-year deadline begins on the date of death. A survival claim may also be brought on behalf of the estate for damages the victim suffered before passing. Gustin Law Firm handles wrongful death cases involving TBI and can help your family understand all available legal options during this difficult time.<\/p>\n\n\n\n
Does Gustin Law Firm charge upfront fees for TBI cases?<\/h3>\n\n\n\n
No. Gustin Law Firm handles traumatic brain injury cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you. Attorney’s fees and any litigation expenses incurred during your case are deducted from the gross recovery amount at the end. This means you can pursue your legal rights without worrying about upfront costs, regardless of your financial situation.<\/p>\n\n\n\n
Can I still recover compensation if I was partly at fault for the accident that caused my TBI?<\/h3>\n\n\n\n
Possibly. Texas follows a modified comparative fault rule. Your compensation is reduced by your percentage of fault, but you can still recover as long as you are found to be no more than 50 percent responsible for the accident. For example, if a jury awards $500,000 and finds you 20 percent at fault, you would receive $400,000 before attorney’s fees and litigation expenses are deducted. An attorney at Gustin Law Firm can evaluate the facts of your case and help you understand how fault may affect your recovery.<\/p>\n\n\n\n