A Texas traumatic brain injury settlement depends on the severity of the injury, testing that measures cognitive and emotional changes, the effect on work and family life, lifetime care needs, and the insurance available. Normal scans do not rule out a real brain injury. Owsley Law Firm reviews claims free and charges no fee unless we win.
Brain injury claims range from a concussion that resolves in weeks to a severe injury that changes a person for life. The value of the claim follows that range, and the hardest part is proving changes that are often invisible on imaging and easier to see at the dinner table than in a doctor's office.
This page explains how a Texas traumatic brain injury claim is valued: the role of testing, the witnesses who matter most, how lost earning capacity and lifetime care are proven, and why coverage is often the real limit.
How much is a traumatic brain injury settlement worth in Texas?
There is no standard amount. Mild cases may be modest, while severe injuries with lifetime care and lost earning capacity can be among the largest injury claims.
Value is built from medical costs, lost income and earning capacity, future care, and the non-economic losses of pain, mental anguish, and physical impairment. In brain injury cases, the change in who a person is often drives the non-economic value.
Because severe brain injury claims often exceed ordinary policy limits, identifying every source of insurance is as important as proving the injury.
What if my CT scan or MRI was normal?
A normal scan does not mean there is no brain injury. Many concussions and mild traumatic brain injuries do not appear on standard imaging.
Insurers lean heavily on a normal emergency room CT. Medically, a CT is designed to find bleeding and fractures that need urgent treatment, not to measure the functional effects of a brain injury. Symptoms like memory problems, headaches, and irritability are diagnosed clinically.
The answer is a record of symptoms over time and, where appropriate, neuropsychological testing that measures cognitive function.
Why does neuropsychological testing matter?
It measures memory, attention, and processing speed, turning complaints that sound subjective into documented findings.
A neuropsychologist administers standardized tests and compares results with expected norms. The testing also includes measures of effort, which insurers always raise, so a valid test answers the exaggeration argument directly.
Testing is a medical decision. When a treating doctor recommends it, the results often become central to valuing the claim.
Who are the most important witnesses?
Often the people who live and work with you, because they see changes that a brief medical visit cannot.
Spouses, children, friends, and coworkers can describe a person who was organized and even-tempered before the crash and is forgetful or short-tempered after it. Juries find these before-and-after accounts persuasive when they are specific and credible.
Insurers argue family witnesses are biased, so testimony from coworkers, supervisors, teachers, and friends adds weight.
How are lost earning capacity and lifetime care proven?
With work history, medical restrictions, vocational and economic experts, and in serious cases a life care plan.
A brain injury can end a career even when a person looks physically fine. Proving that loss means showing what the person earned and could have earned, what work remains possible, and the difference over a lifetime.
Severe injuries may require therapy, supervision, medication, and support for decades. A life care plan prepared with medical input itemizes those needs and their cost.
How do fault and coverage affect a brain injury claim?
Your share of fault reduces the recovery under Chapter 33, and available insurance often caps what can actually be collected.
A severe brain injury claim can exceed the at-fault driver's policy many times over. Underinsured motorist coverage, employer or commercial policies, and other responsible parties may add to recovery. In trucking and commercial vehicle cases, federal minimum insurance for many interstate carriers is higher than for private drivers.
Fault arguments matter too, because a reduction of even a modest percentage is significant on a large claim.
When should a brain injury claim settle?
After the injury's long-term effects are reasonably understood, which can take many months.
Brain injury recovery can continue for a long time, and settling early risks undervaluing permanent effects. The two-year filing deadline under section 16.003 still applies, so suit may be filed while recovery is evaluated.
If the injured person cannot manage their own affairs, a guardianship or other court approval may be required before a settlement is final.
How brain injury claims are documented
| Evidence | What it shows | Insurer challenge |
|---|---|---|
| Emergency and imaging records | Loss of consciousness, confusion, structural injury | Normal CT or MRI |
| Neuropsychological testing | Measured deficits in memory, attention, processing | Effort testing, pre-existing conditions |
| Family and coworker testimony | Changes in personality, temper, and function | Bias of family witnesses |
| Work records | Decline in performance or job loss | Other reasons for job changes |
| Life care plan | Therapy, supervision, and support needs | Whether care is reasonably necessary |
What evidence proves it
- Emergency records noting loss of consciousness, confusion, or amnesia
- Neurology and neuropsychological testing records
- Statements from family, coworkers, and friends about specific changes
- School or work records showing changes in performance
- A treating physician's opinion on prognosis and future care
- A life care plan and economic analysis in serious cases
Mistakes that cost people money
- Treating a normal CT as proof that nothing is wrong
- Skipping follow-up when symptoms like headaches or memory problems continue
- Settling before long-term effects are known
- Relying only on family witnesses
- Accepting the at-fault policy limit without searching for other coverage
Frequently asked questions
Can I get a brain injury settlement with a normal CT scan?
Yes. Many brain injuries do not appear on standard imaging. Symptoms documented over time and testing can prove the injury.
How long does a brain injury case take in Texas?
Often longer than other injury claims, because the long-term effects take time to understand. Serious cases frequently involve litigation and expert testimony.
Is a concussion worth less than a severe brain injury?
Usually, because most concussions resolve. But a concussion with lasting symptoms can support a significant claim. See the concussion settlement page for details.
Who can testify about my brain injury?
Your doctors, plus family, friends, coworkers, and supervisors who saw how you changed after the crash.
Does Owsley Law Firm handle serious brain injury cases?
Yes. The firm reviews brain injury claims free and charges no fee unless it recovers.
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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