A Texas concussion settlement depends mostly on how long symptoms last and how much they disrupt work and daily life. A concussion that resolves in weeks is valued very differently from one with months of headaches, memory problems, or light sensitivity. Owsley Law Firm reviews claims free and charges no fee unless we win.
Most concussions improve within weeks. Some do not. When headaches, dizziness, trouble concentrating, or sleep problems continue for months, the claim changes, and so does the insurer's resistance.
This page focuses on how concussion claims are valued in Texas, especially the difference between a short-lived concussion and persistent post-concussion symptoms, and how to document the difference.
How much is a concussion settlement worth in Texas?
Value depends on symptom duration, treatment, effect on work, and coverage. There is no reliable average for a specific case.
A concussion claim also benefits from a short written timeline kept by you or a family member: when headaches began, what made them worse, what tasks became harder, and when things improved. Notes made at the time are more credible than memories reconstructed months later, and they help your doctor track whether recovery is on course.
A concussion that resolves quickly supports a modest claim based on emergency care and a short recovery. A concussion with lasting symptoms can support a much larger one, because it affects earning ability and daily life over a longer period.
The diagnosis label is the same in both cases. The documentation of what followed is what separates them.
What are persistent post-concussion symptoms?
Headaches, dizziness, fatigue, memory and concentration problems, irritability, and sleep problems that continue well beyond the usual recovery period.
Medical sources such as the CDC describe concussion symptoms that usually improve over days to weeks, while a smaller group of people experience symptoms that last longer. Those lasting symptoms are where concussion claims become serious.
Because the symptoms are mostly reported rather than seen, consistent medical documentation is essential.
How do insurers try to lower a concussion claim?
By pointing to normal imaging, a short emergency visit, and gaps in follow-up care.
A concussion is usually diagnosed by symptoms, not imaging, so a normal CT does not disprove it. Insurers still use it, along with any period without treatment, to argue the person recovered quickly.
Following through on specialist referrals and keeping appointments answer those arguments better than any letter from a lawyer.
How is the effect on work proven?
Through employer records, doctor's restrictions, and testimony about what you could no longer do on the job.
Missed shifts, reduced duties, slower performance, and mistakes that did not happen before the crash all matter. Supervisors and coworkers can be strong witnesses.
If symptoms end or limit a career, lost earning capacity becomes part of the claim and may require expert analysis.
Should I settle a concussion claim quickly?
Not until your doctor can say whether symptoms are resolving, because a release ends the claim even if symptoms continue.
Insurers sometimes offer a quick settlement soon after a concussion, before anyone knows if symptoms will last. Accepting it means taking the risk that they do.
Texas generally gives two years under section 16.003 to file suit, so there is usually time to see how recovery goes.
How does insurance coverage limit a concussion claim?
The at-fault driver's limits cap what that policy pays, and your own underinsured coverage may add to it.
Texas minimum liability coverage is $30,000 per person. A concussion with lasting symptoms and lost work can approach or exceed that, so checking your own underinsured motorist and personal injury protection coverage is part of the evaluation.
Personal injury protection pays certain medical and income losses regardless of fault, which can help while the claim is pending.
How do personal injury protection and health insurance fit into a concussion claim?
They can pay bills while the claim is pending, and some of those payments may need to be repaid or credited at settlement.
Personal injury protection pays certain medical bills and a share of lost income regardless of who caused the crash, up to the policy limit, unless it was rejected in writing. For a concussion with weeks of missed work, that early money can matter.
Health insurance may also pay treatment, and many plans claim reimbursement from the settlement. Knowing which payments must be repaid is part of comparing offers, because the useful number is what reaches you after fees, expenses, and valid reimbursement claims.
Short recovery versus persistent symptoms
| Feature | Short-lived concussion | Persistent symptoms |
|---|---|---|
| Typical record | Emergency visit and brief follow-up | Ongoing neurology, therapy, or specialist care |
| Work effect | A few days off | Reduced duties, accommodations, or job loss |
| Main insurer argument | Full recovery, minor claim | Symptoms are unrelated or exaggerated |
| Key evidence | Initial diagnosis and release | Testing, specialist notes, witness accounts |
What evidence proves it
- Emergency diagnosis noting the head impact and symptoms
- Follow-up records from a primary doctor, neurologist, or concussion clinic
- Neuropsychological or vestibular testing where ordered
- Employer records and supervisor statements
- A symptom journal kept from the first days
- Statements from family about changes at home
Mistakes that cost people money
- Ignoring symptoms that last more than a few weeks
- Skipping specialist referrals
- Returning to full activity against medical advice and then reporting worse symptoms
- Accepting an early offer before knowing whether symptoms will last
- Assuming a normal scan ends the claim
Frequently asked questions
Can a concussion lead to a significant settlement?
Yes, when symptoms last and affect work and daily life. A concussion that resolves in weeks usually supports a smaller claim.
What if I did not lose consciousness?
Loss of consciousness is not required for a concussion. Many concussions happen without it.
How long should I wait before settling a concussion claim?
Until your doctor can say whether symptoms are resolving or lasting. Settling earlier risks undervaluing the injury.
Does a concussion count as a brain injury?
Yes. A concussion is a mild traumatic brain injury. More severe brain injuries are covered on the traumatic brain injury settlement page.
Will my PIP coverage pay for concussion treatment?
If you have personal injury protection, it pays certain medical and income losses regardless of fault, up to its limit.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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