A brain injury can change everything in an instant: how you think, feel, and live day to day. When you’re facing that kind of uncertainty, you deserve clear guidance and real support. Our attorneys at Omondi & Associates understand the medical side and help you take the right steps toward securing the compensation your recovery may require.
You Deserve to Understand and Exercise Your Rights
A brain injury happens when a sudden impact, jolt, or lack of oxygen disrupts how your brain functions. In Texas cases, this can range from concussions to severe traumatic brain injuries (TBIs) that affect memory, speech, mobility, and personality. These injuries are often caused by car accidents, falls, workplace incidents, or medical complications.
Under Texas law, brain injury claims are governed by a two-year statute of limitations (Texas Civil Practice & Remedies Code § 16.003) and the 51% bar rule (Chapter 33), which can limit recovery if fault is disputed. Our attorneys approach these cases with a medically informed perspective, carefully documenting the full impact of your condition and pursuing the maximum possible compensation for your care, recovery, and future needs.
Steps to Take if You’ve Suffered a Brain Injury:
- Seek immediate medical care and follow up with neurological evaluations and imaging records
- Document all symptoms, changes in memory, mood, or cognitive function in a daily journal
- Request and preserve medical records, test results, and treatment plans from every provider
- Take photos or videos of the accident scene, visible injuries, and recovery progress over time
- Obtain a copy of any incident or crash report and confirm all details are accurate
- Collect contact information from witnesses and anyone involved in the incident
- Preserve evidence like damaged vehicles, unsafe conditions, or defective products
- Track all expenses, including medical bills, therapy costs, and lost income
- Avoid discussing the incident with insurance adjusters before understanding your rights
- Contact a brain injury attorney to review your case
Brain Injuries FAQs
How Long Do I Have to File a Brain Injury Claim in Texas?
In most cases, you have two years from the date of the injury to file a claim under Texas Civil Practice & Remedies Code § 16.003. Missing this deadline can prevent you from recovering compensation. Some exceptions may apply, such as cases involving minors or delayed discovery, but these are limited and fact-specific.
What if I Was Partly at Fault for the Accident?
Texas follows a modified comparative fault rule (Chapter 33):
- 0–50% at fault: you may still recover damages (reduced by your percentage)
- 51% or more at fault: you cannot recover compensation
What Compensation Is Available for a Brain Injury?
Brain injury claims in Texas may include:
- Economic damages: medical care, rehabilitation, future treatment, lost wages, reduced earning capacity, and other costs of seeking treatment
- Non-economic damages: pain, mental anguish, cognitive impairment, loss of enjoyment of life, and other damages that can’t be quantified in direct numeric terms
- Exemplary damages: in limited cases involving gross negligence
Our attorneys document both the visible and less obvious effects of your injury so nothing is overlooked.
Are There Special Rules for Medical Malpractice Brain Injury Cases?
Yes. These claims fall under Chapter 74, which includes a 2-year deadline, a 10-year statute of repose, and a requirement for an expert report within 120 days of filing. Caps on noneconomic damages are generally $250,000 per provider. These cases are more complex and require careful medical analysis, something our attorneys, led by nurse and lawyer Tom, are uniquely positioned to handle.
Contact Us for a Free Case Evaluation
It Costs Nothing to Understand Your Options After a Brain Injury
When you’re dealing with the impact of a brain injury, having the right guidance can make all the difference. At Omondi & Associates, our attorneys help you understand what your case involves and walk you through your options. Led by founding attorney Tom Omondi, our team approaches brain injury cases with both legal experience and medical insight. Reach out today to schedule your free case review.
