Traumatic brain injuries are among the most devastating and misunderstood injuries in personal injury law. Symptoms can be invisible on initial imaging, delayed in onset, and permanent in effect — yet insurers routinely argue that a victim who “looks fine” suffered nothing serious. Attorney BJ Kemp has the medical expert network to document TBI comprehensively and fight for the lifetime compensation serious brain injury demands.
Texas Legal Giants handles TBI cases throughout Greater Houston on a contingency basis. No fee unless we win.
Types of Traumatic Brain Injuries
TBI severity ranges from mild concussion to severe diffuse axonal injury — each requiring different treatment approaches and compensation calculations.
Concussion (Mild TBI)
The most common TBI — caused by sudden acceleration/deceleration. Symptoms include headache, memory gaps, light sensitivity, and cognitive fog. “Mild” is a medical classification, not a legal one — persistent symptoms cause serious life disruption.
Contusion
A bruise on brain tissue resulting from direct impact. Can cause swelling, pressure buildup, and focal neurological deficits depending on which area of the brain is affected.
Diffuse Axonal Injury (DAI)
Widespread tearing of nerve fibers throughout the brain from rotational forces. One of the most severe TBI types, often causing coma, permanent cognitive impairment, or death.
Coup-Contrecoup
Brain injury at both the impact site and opposite side of the skull. Common in car accidents and falls where the brain rebounds inside the skull.
Penetrating TBI
Foreign object enters brain tissue. Often seen in construction accidents, explosions, and certain falls. Typically causes severe, localized neurological damage.
Second Impact Syndrome
A second concussion before the first has healed. Causes rapid, catastrophic swelling. Even a minor second impact can be fatal or result in permanent disability.
Standard injury documentation doesn’t capture the full impact of TBI. We engage neuropsychologists, neurologists, life care planners, and forensic economists to build a complete picture of how the injury affects every dimension of your life — cognitive, emotional, relational, and financial — and what lifetime care and support will cost.
What are the long-term effects of a traumatic brain injury?
Long-term TBI effects vary widely by severity but may include persistent headaches, memory impairment, difficulty concentrating, mood and personality changes, depression, anxiety, PTSD, sleep disorders, seizure disorders, and in severe cases permanent cognitive or physical disability. Even “mild” TBI (concussion) can produce post-concussion syndrome that persists for months or years. All of these consequences are compensable in a Texas personal injury claim when caused by someone else’s negligence.
How is a brain injury diagnosed for legal purposes?
Medical diagnosis may involve CT scans, MRI (including advanced fMRI and DTI sequences that reveal axonal damage invisible on standard MRI), neuropsychological testing, and clinical evaluation by neurologists. For legal purposes, we also document functional impairment through neuropsychological assessments that quantify cognitive deficits, and retain life care planners who project lifetime treatment and support needs. Insurance companies frequently challenge TBI claims precisely because initial imaging may appear normal.
How Insurers Fight TBI Claims — And How We Counter
Frequently Asked Questions
What causes most traumatic brain injuries in personal injury cases?
The leading causes of TBI in personal injury cases are car accidents, truck crashes, motorcycle accidents, slip and fall incidents, pedestrian strikes, and workplace accidents. Motor vehicle crashes are the most common cause in Houston given the city’s traffic volume and highway density.
How much is a traumatic brain injury case worth in Texas?
TBI cases are among the highest-value personal injury claims. Moderate-to-severe TBI cases routinely settle or verdict in the hundreds of thousands to millions of dollars, reflecting lifetime medical care, lost earning capacity, and the profound non-economic impact on the victim’s quality of life. The specific value depends on the TBI’s severity, the victim’s age and occupation, and the defendant’s conduct.
What is the statute of limitations for a TBI claim in Texas?
Two years from the date of injury under Texas Civil Practice & Remedies Code §16.003. However, TBI symptoms sometimes develop or worsen over time — contact an attorney as soon as possible after any head injury to preserve your rights and secure critical evidence.
Can I claim TBI if I didn’t lose consciousness?
Absolutely. Loss of consciousness is not required for a TBI diagnosis or a legal claim. Many significant TBIs involve only brief disorientation or no LOC at all. What matters is whether the trauma caused brain injury — which is documented through imaging, neuropsychological testing, and clinical evaluation.
What experts are needed in a TBI lawsuit?
Typically: a neurologist or neurosurgeon (diagnosis and causation), a neuropsychologist (functional impairment testing), a life care planner (future medical cost projection), a forensic economist (lost earning capacity), and often an accident reconstructionist (causation and force). We have established relationships with these experts and engage them early to build the strongest possible case.
Related Practice Areas
Traumatic Brain Injury Resources
BJ Kemp
Texas State Bar #24116608 • Houston, TX
BJ Kemp represents traumatic brain injury victims throughout Greater Houston, working with specialized medical experts to document TBI comprehensively and fight for the full lifetime compensation serious brain injuries demand. Contingency basis — you pay nothing unless we win.
(346) 971–7333 — Free Consultation