Plano brain injury lawyers represent people who have suffered traumatic brain injuries from car accidents, truck collisions, falls, sports incidents, and acts of violence.
A traumatic brain injury (TBI) occurs when an external force damages brain tissue, and the resulting symptoms may range from short-term concussion effects to permanent cognitive, physical, and emotional impairments.
The NMW Law Firm handles brain injury claims for clients throughout the Dallas-Fort Worth area, including Plano, Frisco, McKinney, and Allen.
Texas law gives injured people two years from the date of the accident to file a personal injury lawsuit. Free consultations are available at (833) 758-4437.
Get a Free ConsultationHow Can NMW Help with a Plano Brain Injury Claim?
Brain injury cases often need more proof than other personal injury claims.
NMW builds these cases using brain scans, neurological exams, neuropsychological testing, and statements from family members, friends, and coworkers who saw how the injury changed the person’s daily life.
Building the Medical Record
The strongest brain injury claims rely on a combination of objective and observational evidence. Several types of medical documentation typically anchor a TBI case.
- Emergency room records showing Glasgow Coma Scale (GCS) scores, loss of consciousness duration, and post-traumatic amnesia findings
- Diagnostic imaging including CT scans, MRI studies, and advanced techniques like diffusion tensor imaging (DTI) that may detect diffuse axonal injury
- Neurological examinations documenting cognitive deficits, motor function problems, and sensory issues
- Neuropsychological testing that measures memory, attention, executive function, and emotional regulation against normative baselines
Attorney Keith Bakker has trial experience handling catastrophic injury cases involving brain trauma, including claims involving clients with documented cognitive impairment.
Outcomes vary based on the specific facts of each case, and past results do not guarantee future results.
Documenting the Day-to-Day Impact
Medical records show what doctors observed. They do not always show what the injured person experiences when they cannot remember a child's name, struggle to follow a recipe they have made a hundred times, or lose their temper in ways that did not happen before the injury.
We work with family members, employers, and friends to document the practical changes in the injured person's daily life, because that lay testimony often resonates with juries more strongly than clinical descriptions.
Why Are TBI Cases Harder to Prove Than Other Injuries?
Brain injuries often do not show visible signs on standard imaging tests. While a broken arm usually appears clearly on an X-ray, a traumatic brain injury may not appear on a CT scan or MRI, especially in mild or moderate cases.
Even when imaging looks normal, the injured person may still experience serious symptoms such as memory problems, headaches, mood changes, and difficulty concentrating.
Because these injuries are harder to see, insurance companies and defense lawyers sometimes argue that the symptoms are exaggerated or unrelated to the accident.
The Invisible Injury Problem
Mild traumatic brain injuries (mTBI), including concussions, frequently produce negative findings on imaging studies even when the patient has clear cognitive and behavioral symptoms.
The disconnect between what the patient experiences and what shows up on a scan creates a documentation challenge that most other personal injury cases do not face.
Proving a brain injury claim in Texas typically requires building a case from multiple sources of evidence rather than relying on a single diagnostic image.
Several types of evidence help fill the gap left by negative imaging.
- Detailed symptom journals kept by the injured person documenting daily headaches, memory lapses, mood changes, and sensory issues
- Statements from family members, coworkers, and friends comparing the person's functioning before and after the injury
- Neuropsychological testing that measures specific cognitive deficits against established norms
- Workplace performance records showing declines in productivity, accuracy, or attendance after the injury
- Advanced imaging studies like diffusion tensor imaging (DTI) that may detect microscopic damage missed by standard CT and MRI
Building this layered record takes time and coordination, which is why brain injury cases often look very different from straightforward personal injury claims that resolve on the strength of a single diagnostic image.
Delayed Symptom Onset
TBI symptoms may not appear immediately after the accident. Headaches, memory problems, difficulty concentrating, mood changes, sleep disruption, and sensory sensitivity sometimes develop hours, days, or even weeks after the head trauma.
By the time the symptoms become disabling, the connection back to the original accident may be harder to prove, particularly if the injured person did not seek immediate medical attention.
The most common symptoms that emerge in the days and weeks following a TBI include the following:
- Persistent headaches that did not exist before the accident
- Difficulty concentrating, finishing tasks, or following conversations
- Short-term memory problems, including forgetting recent events or appointments
- Sleep disturbance, including insomnia, excessive sleeping, or fragmented sleep patterns
- Mood changes such as irritability, anxiety, depression, or emotional volatility
Anyone experiencing these symptoms after a head injury should seek medical evaluation and document the timeline of onset, because the gap between the accident and symptom emergence often becomes a focus of dispute in the legal case.
How Are Traumatic Brain Injuries Classified Medically and Legally?
Doctors classify TBIs as mild, moderate, or severe based on the Glasgow Coma Scale score, the duration of loss of consciousness, and the length of post-traumatic amnesia.
The legal system uses those classifications as a starting point, but the labels often understate the true impact of the injury on a person's life.
Why the Mild Label Often Misleads
The mild label is misleading in many cases. A so-called mild brain injury may produce post-concussion syndrome with symptoms that persist for months or years, including chronic headaches, cognitive impairment, mood disorders, and inability to return to work.
Settlement value in TBI cases depends far more on documented symptoms and functional impairment than on the initial medical label.
An attorney experienced with brain injury claims may help reframe a case that defense lawyers want to dismiss as minor by focusing the evidence on the actual day-to-day effects.
What Tactics Do Insurance Companies Use Against Brain Injury Claims?
Insurance defense teams have developed a consistent set of arguments to minimize the value of brain injury claims. Recognizing these tactics early may help your attorney counter them effectively.
How Do Insurance Defense Tactics Conflict With the Medical Reality of Brain Injuries?
The table below shows the most common arguments insurers raise in TBI cases and how those arguments compare to what the medical field actually recognizes about brain injuries.
| Defense Argument | What the Medical Evidence Actually Shows |
| Negative CT or MRI scan means no real brain injury exists | Many TBIs, particularly mild and moderate cases, do not appear on standard imaging |
| Loss of consciousness is required for a TBI diagnosis | Any alteration in mental state at the time of the accident may support a brain injury finding |
| Cognitive symptoms are caused by preexisting depression or anxiety | Pre-injury and post-injury neuropsychological comparisons may isolate accident-related changes |
| Social media activity proves the person functions normally | A few minutes of curated content does not reflect daily struggles with memory, attention, and mood |
| Subjective symptoms cannot be objectively measured | Neuropsychological testing produces objective, standardized data comparable to normative baselines |
An attorney experienced with TBI claims may push back against each of these arguments with current medical evidence and expert testimony that reflects how the medical field actually evaluates these injuries.
What Compensation May Be Available for a Plano TBI Claim?
A Plano TBI claim may include compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, mental anguish, and loss of enjoyment of life.
The value depends on the severity of the injury, the strength of the medical documentation, and the impact on the injured person's ability to function.
Categories of Recoverable Damages
Texas Civil Practice and Remedies Code § 41.001 divides damages into economic and noneconomic categories. The available recovery in a TBI case typically includes the following components.
- Past medical expenses for emergency care, imaging studies, neurological consultations, and rehabilitation
- Future medical expenses for ongoing cognitive therapy, medication, and long-term care needs
- Lost wages during recovery and reduced earning capacity if cognitive deficits limit your ability to perform your job
- Costs of vocational retraining if returning to your previous career is not possible
- Pain and suffering, mental anguish, and emotional distress tied to the injury and its long-term effects
Texas does not cap economic or noneconomic damages in standard personal injury cases involving TBI, which leaves substantial room for recovery in severe brain injury claims.
How Texas Comparative Fault Applies to TBI Claims
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001. Your total recovery decreases by your percentage of fault, and a finding of more than 50 percent fault eliminates recovery entirely.
In TBI cases, insurers sometimes argue that cognitive symptoms made the injured person unreliable as a witness or that their account of the accident is inconsistent because of the injury itself.
Strong corroborating evidence (witness statements, dashboard cameras, accident reconstruction) helps counter these tactics.
Ask NMW Law Firm
Do I have a brain injury case if my CT scan came back normal?
Yes, a negative CT scan does not rule out a TBI. Many traumatic brain injuries, particularly mild and moderate cases, do not produce visible findings on standard imaging.
Diagnosis often relies on the totality of symptoms, neurological examinations, neuropsychological testing, and lay observations of behavioral and cognitive changes.
An attorney familiar with brain injury cases may help you build a claim even when initial imaging was unremarkable.
How long do I have to file a brain injury lawsuit in Texas?
Texas sets a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code § 16.003. For brain injury claims tied to a fatal accident, the deadline runs two years from the date of death.
In limited circumstances, the discovery rule may extend the deadline if the brain injury was not diagnosed until later, but relying on that exception is risky and acting early protects your rights.
What does it cost to hire a Plano TBI lawyer?
NMW handles brain injury cases on a contingency fee basis. You pay nothing out of pocket, and the firm collects a fee only if your case produces a financial recovery.
The arrangement removes the cost barrier and allows you to focus on medical treatment and recovery rather than legal bills.
FAQs for Plano Brain Injury Lawyers
What is the difference between a concussion and a TBI?
A concussion is a type of mild traumatic brain injury. All concussions are TBIs, but not all TBIs are concussions.
The distinction matters less in the medical and legal context than the documented symptoms and functional impact.
A concussion that produces lasting cognitive deficits (post-concussion syndrome) may support a substantial brain injury claim, while a more severe initial injury that resolves quickly might support a smaller claim.
What is post-concussion syndrome and does it support a legal claim?
Post-concussion syndrome describes lingering symptoms that persist weeks, months, or even years after a mild TBI. Common symptoms include chronic headaches, dizziness, difficulty concentrating, memory problems, sleep disturbance, and mood changes.
Texas law recognizes post-concussion syndrome as a compensable injury when it results from another party's negligence, provided the symptoms are well-documented through medical records and consistent reporting.
Can I file a TBI claim for a child injured in an accident?
Yes. A parent or legal guardian may file a personal injury claim on behalf of a minor child who suffered a brain injury.
The statute of limitations for minors is generally tolled until the child reaches 18, though parents may pursue claims for their own losses (medical expenses, loss of services) within the standard two-year window.
Pediatric brain injury cases often involve unique damages because the injury may affect the child's development, education, and lifetime earning capacity in ways that are not fully apparent until years later.
Does NMW handle TBI cases involving veterans or active-duty military?
Brain injury cases involving veterans and active-duty service members from areas like the surrounding North Texas military community may involve additional considerations, including potential VA medical records, blast injury history, and questions about service connection.
NMW handles civilian personal injury claims that affect veterans the same way it handles claims for any other client, while recognizing that military medical histories sometimes add complexity to brain injury cases.
Take Action on Your Plano Brain Injury Case
The longer a brain injury goes undocumented, the harder it becomes to connect symptoms back to the accident that caused them.
Memory loss, mood changes, and cognitive issues that develop over months may be dismissed by insurers as unrelated to the original incident.
Getting an attorney involved early creates a documentation trail that links the symptoms to the cause and gives the case the foundation it needs to succeed.
Reach out to NMW at (833) 758-4437 for a free, confidential review of your TBI case.
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