Austin Brain Injury Lawyer

Brain injuries can be devastating for the person injured and their caregivers, yet they’re often harder to prove and harder to diagnose than other accident injuries. If you or a loved one may have suffered one in a crash, it’s worth talking to someone experienced with these cases right away.

I once handled a case where my client threw up at the scene of the collision and started having headaches soon after. She ultimately needed major surgery, only to have her employer — who was also her insurance company — claim the problem existed before the crash. Another client’s doctors have diagnosed her with chronic, permanent headaches from her collision; she’ll need treatment for the rest of her life. These injuries are real, and they’re often dismissed until it’s too late.

Understanding Traumatic Brain Injury

Traumatic brain injuries (TBIs) can range from mild to severe and are caused by blunt trauma to the head, or by the acceleration and deceleration forces common in a car crash. Your head doesn’t even have to strike anything — the brain being pushed against the skull is enough (think of a shaken baby). The most common form is mild traumatic brain injury, or a concussion, which can result from a relatively minor crash and cause loss of consciousness or blackouts in memory.

“Mild” is a misleading word. It’s called that only because it isn’t immediately life-threatening — not because the damage isn’t real. A mild brain injury changes every hour of a person’s life, and the problems often grow worse over time; it also leaves the brain more vulnerable to future trauma from impacts that otherwise wouldn’t have caused harm. According to a paper from the Centers for Disease Control and Prevention, a mild TBI can lead to significant, lifelong impairment — physically, cognitively, and psychologically — including persistent headaches, memory problems, fatigue, and mood changes. Concussions are also notoriously hard to diagnose because the symptoms (attention and concentration problems, dizziness, insomnia, irritability, depression, anxiety) overlap with other conditions and are easy to overlook. If you’re experiencing any of these after a crash, get evaluated promptly, and talk to an attorney early so liability can be established while the evidence is fresh.

Brain injuries caused by medical negligence — oxygen deprivation during surgery, birth-related trauma, medication errors, mismanaged post-op care — are a separate but related category, and can lead to strokes or lasting cognitive decline. These cases require working closely with medical experts to investigate what actually happened and hold every responsible party accountable.

What Determines the Value of a Brain Injury Case

Every brain injury case is different, but a few factors consistently drive its value: how severe the injury is and how much treatment it requires; how it affects your daily life, work, and relationships; whether it will have long-term cognitive, physical, or psychological effects on your earning capacity and independence; how fault is divided between the parties involved; and the insurance coverage and legal limits that apply. An experienced attorney can help you understand realistically what your case is worth.

Comparative Negligence in Texas

Texas uses a modified comparative fault rule: if you’re found partially at fault for the accident, your compensation is reduced by your percentage of blame, and if you’re found more than 50% at fault, you can’t recover damages at all. Insurance companies know this and often try to shift blame onto the injured person to reduce what they pay. Strong evidence and an advocate who will push back against unfair blame-shifting make a real difference here.

Time Limits for Filing a Claim

In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit. There are some exceptions — for minors, for individuals with disabilities, or when an injury isn’t discovered until later — but you shouldn’t count on those applying to your case. Waiting means lost evidence, faded memories, and a weaker case. The sooner an attorney is involved, the more evidence we can preserve, including medical records that tie your injury directly to the crash.

Why The Traub Law Office?

Brain injuries — no matter how “mild” they seem — can turn every part of your life upside down. We understand how overwhelming it is to deal with memory loss, medical bills, or a real shift in your ability to work or live independently. We know how to prove injuries that don’t show up on the surface, push back against unfair denials, and fight for the full compensation you’ll need now and in the years ahead — so you can focus on healing while we handle the legal fight.

If you think you may have suffered a brain injury as a result of a car wreck, see a doctor immediately. If the injury resulted from someone else’s negligence, contact the Traub Law Office, P.C. to discuss your legal rights. Call us at (512) 246-9191 or complete the form below.