By the Beverly Law legal team. Updated November 2026.
Head or brain injury in Texas?
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What to do after a head injury in Texas
Get medical care now. The CDC says to call 911 or go to an emergency department right away if, after a blow or jolt to the head, a person has any of these danger signs (CDC):
- A headache that gets worse and does not go away
- Weakness, numbness, decreased coordination, convulsions or seizures
- Repeated vomiting
- Slurred speech or unusual behavior
- One pupil larger than the other
- Not recognizing people or places, or being confused, restless or agitated
- Losing consciousness, looking very drowsy or not waking up
Symptoms can appear hours or days later. See our head injury danger signs page and concussion or brain injury after a crash.
- Mention the head injury at every visit, including urgent care and your regular doctor.
- Keep a symptom log and ask family or coworkers to write down changes they notice.
- Get the crash report or incident report, and photos of the scene if you can.
- Do not sign a release or give a recorded statement until you know how serious the injury is. Some TBI symptoms take weeks to sort out.
How brain injuries happen in Texas
Nationally, there were about 214,110 TBI-related hospitalizations in 2020 and 68,663 TBI-related deaths in 2023 (CDC TBI data). Falls lead to nearly half of TBI-related hospitalizations, and motor vehicle crashes and assaults are other common causes (CDC).
In Texas, hospitals, rehabilitation facilities, justices of the peace and medical examiners report TBI cases to the state’s EMS and Trauma Registries. The Department of State Health Services reported these causes, among others, in the 2021 TBI records (DSHS, EMSTR TBI data):
- Falls: 6,670 records
- Motor vehicle traffic, occupants: 1,123
- Struck by or against an object: 766
- Motorcyclists: 159, and pedestrians: 136
Males made up 62% of the 2021 records. Our news desk covers these cases. In Arlington, a driver merging onto I-20 from the U.S. 287 ramp collided with an 18-wheeler; he was reported to have a severe concussion, could not use his legs and was moved to inpatient rehabilitation. Police concluded the car’s driver failed to yield, and a lawsuit filed in Dallas County accuses the trucking company, the truck’s owner and its driver of negligence (Arlington, I-20). In Corpus Christi, an 18-year-old passenger was ejected in a rollover and suffered severe brain trauma; the 19-year-old driver allegedly admitted racing and was charged with intoxication assault (Corpus Christi, Rodd Field Road). Charges are allegations until proven.
Related pages: Texas car accident lawyer, truck accident lawyer, motorcycle accident lawyer, pedestrian accident lawyer and slip and fall lawyer, plus local pages for Austin motorcycle accidents and Austin pedestrian accidents.
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Texas law: deadline, children and the 51% bar
Two years to sue. Personal injury suits must be filed within two years after the claim accrues; for a death, two years from the date of death (CPRC § 16.003). Families can read our Texas wrongful death and survival claims guide.
Injured children. A person younger than 18 has a legal disability, and the time of the disability is not included in the limitations period (CPRC § 16.001). The same section covers a person of unsound mind, which can matter when a brain injury itself leaves someone unable to manage their affairs.
The 51% bar. You recover nothing if your percentage of responsibility is greater than 50% (CPRC § 33.001). In the Arlington crash above, police blamed the merging driver. In a case like that, how a jury splits fault decides whether the injured person recovers anything. See comparative fault in California, Texas and Washington.
Several defendants. Each defendant generally pays only its percentage of the damages, but a defendant found more than 50% responsible is jointly and severally liable for all recoverable damages (CPRC § 33.013).
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Medical bills and punitive damages in Texas
Paid or incurred. Recovery of medical expenses is limited to the amount actually paid or incurred by you or on your behalf (CPRC § 41.0105). The Texas Supreme Court held that the statute limits recovery to expenses that have been or must be paid, and that only evidence of recoverable medical expenses is admissible at trial (Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011)). Future care for a serious TBI is proved through the treating doctors and life care planning, and it is often the largest part of the claim. Read what a brain injury case is worth.
Punitive (exemplary) damages. They require clear and convincing proof of fraud, malice or gross negligence, and a unanimous jury (CPRC § 41.003). They are capped at the greater of $200,000, or two times economic damages plus non-economic damages up to $750,000 (CPRC § 41.008(b)). The cap does not apply when the claim is based on certain felonies, including intoxication assault and intoxication manslaughter (§ 41.008(c)). For a brain injury caused by a drunk driver, that exception can change the value of the case.
Government vehicles and property
The Texas Tort Claims Act waives immunity for injuries caused by an employee’s use of a motor vehicle, and for injuries caused by a condition or use of tangible personal or real property if a private person would be liable (CPRC § 101.021). A governmental unit is entitled to notice within six months of the incident, and city charter notice periods are ratified, so a city claim can be due sooner (CPRC § 101.101). Damages are capped at $250,000 per person for the state and cities, and $100,000 per person for other local units (CPRC § 101.023). Do not assume a child’s age pauses the six-month notice. Send it.
Natasha’s Law: school sports concussions in Texas
House Bill 2038 (2011), cited as Natasha’s Law, added Subchapter D to Chapter 38 of the Education Code on the prevention, treatment and oversight of concussions (HB 2038). A student must be removed from an interscholastic practice or game immediately if a coach, physician, licensed health care professional, school nurse or parent believes the student might have a concussion (Educ. Code § 38.156). The student cannot return until a treating physician evaluates them, the return-to-play protocol is completed, the physician gives a written statement that return is safe, and a parent signs consent. A coach may not authorize return to play (§ 38.157).
The subchapter states that it does not waive a school district’s immunity or create a cause of action against a district or its employees (§ 38.159). Claims for a school sports concussion usually turn on other facts, such as a private league or a defective helmet. Ask for the removal and clearance records either way.
Proving a brain injury
NIH’s NINDS notes that imaging and tests cannot always detect damage from mild, concussive injuries, and that MRI is more sensitive than CT (NINDS). Follow-up care, neuropsychological testing and witnesses who saw the change in you are what carry a mild TBI case. See mild traumatic brain injury claims and how to prove a traumatic brain injury.
Texas, California and Washington compared
| State | Deadline to sue | Injured child | Your share of fault | Several defendants | Damages rules worth knowing | Youth sports concussion law |
|---|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1); 6-month claim against a public entity (Gov. Code § 911.2) | Lawsuit clock paused until 18 (CCP § 352), but not for government claims | Reduces the award, never bars it (Li v. Yellow Cab) | Each pays only its share of non-economic damages (Civ. Code § 1431.2) | Pain and suffering cap applies only to medical negligence (Civ. Code § 3333.2); medical bills measured by amounts paid (Howell) | Educ. Code § 49475 |
| Texas | 2 years (CPRC § 16.003); 6-month notice to a government unit (CPRC § 101.101) | Clock paused until 18 (CPRC § 16.001) | Barred if more than 50% (CPRC § 33.001) | A defendant over 50% at fault pays all recoverable damages (CPRC § 33.013) | Medical expenses limited to amounts paid or incurred (CPRC § 41.0105); punitive damages capped (CPRC § 41.008) | Natasha’s Law, Educ. Code ch. 38, subch. D (HB 2038) |
| Washington | 3 years (RCW 4.16.080); claim and 60-day wait for government (RCW 4.96.020) | Clock paused until 18 (RCW 4.16.190) | Reduces the award, never bars it (RCW 4.22.005) | Joint and several only if you were not at fault (RCW 4.22.070) | Cap on non-economic damages struck down (Sofie v. Fibreboard); no punitive damages without a statute (Dailey) | Zackery Lystedt law (RCW 28A.600.190) |
Texas is the only one of the three states where a share of fault above 50% wipes out the claim.
Related pages
- California brain injury lawyer
- Washington brain injury lawyer
- Is a concussion a traumatic brain injury?
- How long brain injury cases take
- Disability benefits for a brain injury
- Areas we serve in Texas
Common questions
How long do I have to file a brain injury lawsuit in Texas?
Two years from the injury, or two years from the date of death in a fatal case (CPRC § 16.003). Notice to a governmental unit is due within six months, or sooner under some city charters (CPRC § 101.101).
My child suffered a brain injury. When does the deadline run?
The time before a person turns 18 is not counted (CPRC § 16.001), so the two years generally start on the 18th birthday. Government notice deadlines are a separate question, so send any required notice within six months.
Can I recover if I was partly at fault?
Only if your share is 50% or less. Above 50% you recover nothing (CPRC § 33.001). At 50% or less, your damages are reduced by your percentage.
Why is my medical bill claim lower than what the hospital charged?
Texas limits recovery to amounts actually paid or incurred by you or on your behalf (CPRC § 41.0105; Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011)).
Are punitive damages available if a drunk driver caused my brain injury?
They require clear and convincing proof and a unanimous jury (CPRC § 41.003). The usual cap does not apply to claims based on intoxication assault or intoxication manslaughter (CPRC § 41.008(c)).
Does Natasha’s Law let me sue my child’s school?
The law requires removal from play and physician clearance after a suspected concussion, but it states that it does not waive a district’s immunity or create a cause of action against the district (Educ. Code § 38.159).
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Sources
- Tex. Civ. Prac. & Rem. Code § 16.001
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Civ. Prac. & Rem. Code § 33.013
- Tex. Civ. Prac. & Rem. Code § 41.003
- Tex. Civ. Prac. & Rem. Code § 41.0105
- Tex. Civ. Prac. & Rem. Code § 41.008
- Tex. Civ. Prac. & Rem. Code § 101.021
- Tex. Civ. Prac. & Rem. Code § 101.023
- Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Educ. Code § 38.156
- Tex. Educ. Code § 38.157
- H.B. 2038, 82nd Leg. (2011), Natasha’s Law (enrolled text, incl. § 38.159)
- Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011)
- CDC, TBI Data (hospitalizations 2020, deaths 2023)
- CDC, Facts About TBI
- CDC, Symptoms of Mild TBI and Concussion (danger signs)
- NIH, National Institute of Neurological Disorders and Stroke, Traumatic Brain Injury
- Texas DSHS, EMS and Trauma Registries: Traumatic Brain Injury Data (June 2024)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.