A traumatic brain injury can turn a person’s life upside down in seconds. One moment you’re driving down TX-288 near Pearland, and the next, you’re in the emergency room at Memorial Hermann or HCA Houston Healthcare with a diagnosis that changes everything. TBIs are among the most serious injuries a person can suffer, and the legal fight to recover full compensation is just as serious. At Gustin Law Firm, with its principal office in Houston, Texas, we represent TBI victims and their families throughout the Pearland area and the greater Houston region. Attorney Jason Gustin is responsible for the content on this page.<\/p>\n\n\n\n
A traumatic brain injury happens when a sudden blow, jolt, or penetrating force disrupts normal brain function. A traumatic brain injury, or TBI, is an injury that affects how the brain works. That simple definition understates the enormous impact a TBI can have on every part of a person’s life, from their ability to work to their ability to recognize their own family members.<\/p>\n\n\n\n
People most commonly get TBIs from a fall, firearm-related injury, motor vehicle crash, or an assault. In the Pearland and Houston area, motor vehicle crashes on busy corridors like TX-35, the Sam Houston Tollway, and Beltway 8 are a leading cause of serious head injuries. A rear-end collision at highway speed, a drunk driving crash, or a pedestrian struck at an intersection near Pearland Town Center can all produce the kind of blunt force trauma that injures the brain.<\/p>\n\n\n\n
There were over 69,000 TBI-related deaths in the United States in 2021, which is about 190 TBI-related deaths every day. Those numbers do not include the hundreds of thousands of people who survive but face lasting disability. A TBI may lead to short- or long-term health problems. Survivors often deal with memory loss, personality changes, chronic headaches, seizures, depression, and difficulty concentrating. Some never return to work. Others require round-the-clock care for the rest of their lives.<\/p>\n\n\n\n
Texas Penal Code Section 49.07 treats causing a TBI that results in a persistent vegetative state as a felony of the second degree. That tells you how seriously Texas law views these injuries. A criminal conviction, however, does not automatically compensate you. You need a separate civil claim to recover the money you need for medical care, lost income, and the other costs a TBI forces on you and your family.<\/p>\n\n\n\n
If you or someone you love suffered a brain injury in an accident caused by someone else’s negligence, call Gustin Law Firm at (713) 491-4792. We handle TBI cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover money for you. You will be informed about any litigation expenses that may be deducted from a gross recovery before you sign anything.<\/p>\n\n\n\n
Brain injuries in Pearland and the surrounding communities happen in many different types of accidents. Understanding the cause matters because it shapes the legal theory behind your claim and identifies who is responsible for your losses.<\/p>\n\n\n\n
Car accidents are the most common cause of TBI claims we see. Collisions on TX-288, the main artery connecting Pearland to downtown Houston, regularly involve high speeds. A driver who runs a red light at Broadway Street or Shadow Creek Parkway can cause a crash severe enough to produce a serious brain injury. Distracted driving and drunk driving are frequent factors. Under Texas Penal Code Section 49.07, a drunk driver who causes a TBI commits intoxication assault, which is a felony, and that criminal conduct can also support a civil claim for exemplary damages under Texas Civil Practice and Remedies Code Chapter 41.<\/p>\n\n\n\n
Truck accidents involving 18-wheelers on I-45 or the Sam Houston Tollway often produce catastrophic injuries. The size and weight of a commercial truck means that even a sideswipe at moderate speed can cause a victim’s head to strike a window, door frame, or airbag with enough force to cause a serious TBI. Premises liability incidents, including slip and fall accidents at grocery stores, apartment complexes, and parking lots throughout Pearland, are another frequent cause. A fall on a wet floor or an uneven surface can produce a head impact that damages the brain.<\/p>\n\n\n\n
Workplace accidents, bicycle accidents, and pedestrian accidents also cause TBIs in this community. A TBI during childhood may affect brain development, which is why playground injuries and daycare incidents involving head trauma deserve serious legal attention. Whatever the cause of your injury, the key question is the same: did someone else’s negligence cause it? If the answer is yes, you have the right to pursue compensation under Texas law.<\/p>\n\n\n\n
Texas law allows TBI victims to pursue several categories of compensation. Knowing what you can claim helps you understand the full value of your case, and it helps you push back when an insurance company offers a settlement that falls far short of what you actually need.<\/p>\n\n\n\n
Economic damages cover the financial losses you can document. These include past and future medical bills, rehabilitation costs, lost wages, loss of future earning capacity, and the cost of in-home care or assisted living if your injury requires it. A serious TBI can generate millions of dollars in lifetime medical costs. Future care needs, including physical therapy, occupational therapy, neurological treatment, and medications, must be projected carefully with the help of medical and economic experts.<\/p>\n\n\n\n
Non-economic damages compensate you for pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement. These losses are real, even though they do not come with a receipt. Texas Civil Practice and Remedies Code Chapter 41 governs damages in personal injury cases, and it establishes the framework within which both compensatory and exemplary damages are awarded. Exemplary damages, sometimes called punitive damages, are available in cases involving fraud, malice, or gross negligence. When a drunk driver causes your TBI, for example, a jury may award exemplary damages in addition to your compensatory losses.<\/p>\n\n\n\n
If your TBI resulted from someone’s extreme recklessness or intentional conduct, Chapter 41 also provides for a bifurcated trial process. Under Section 41.009, a jury first determines liability and compensatory damages, then in a second phase determines whether to award exemplary damages and in what amount. This process protects defendants from prejudice while giving juries the full picture when deciding whether additional punishment is warranted.<\/p>\n\n\n\n