Brain injuries range from mild concussions to severe traumatic brain injuries. Texas cases often involve car crashes, truck accidents, falls, and workplace incidents. Even mild traumatic brain injuries can cause persistent symptoms affecting work and daily life. Texas law allows recovery for medical expenses, lost earning, and pain and suffering, but requires strong medical evidence linking the injury to the accident.
Diagnosis may involve emergency records, CT, MRI, including diffusion tensor imaging (DTI) for mild TBI, and neuropsychological testing to document cognitive deficits. Texas courts require expert testimony to connect the TBI to the accident and to explain future care needs. A life care plan from a certified planner can estimate future medical and support costs.
Brain injuries may require future neurology, therapy, counseling, and vocational support. Texas allows recovery for future medical if supported by expert testimony under Civil Practice §41.0105. Lost earning capacity can be shown through vocational expert and economist testimony comparing pre-injury and post-injury earning ability.
Texas caps non-economic damages only for medical malpractice under Chapter 74 ($250,000 per institution, $500,000 total). There is no cap for brain injuries caused by car, truck, or premises negligence. Pain and suffering and mental anguish are recoverable if supported by evidence.
Not always, but imaging helps. Mild TBI may have normal CT/MRI. DTI MRI and neuropsychological testing can document injury when standard imaging is normal. Texas courts accept neuropsych testing with proper foundation.
Yes, if supported by expert testimony such as a life care plan and medical expert stating the care is reasonably necessary. Texas requires reasonable probability, not speculation.
Related: Truck Accidents · Personal Injury Overview