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X-ray of shoulder and ribcage highlighting pre-existing conditions in Texas personal injury claims

How Pre-Existing Conditions Affect Your Texas Personal Injury Claim

By Jesse Lotspeich · Personal Injury

X-ray of shoulder and ribcage highlighting pre-existing conditions in Texas personal injury claims
Understanding how pre-existing injuries impact personal injury cases under Texas law, including the eggshell plaintiff rule.

When you suffer an injury in Texas due to someone else’s negligence, you have the right to seek compensation, even if you had a pre-existing condition. However, insurance companies often use your prior medical history to limit or deny your claim. This is where Texas law and the "eggshell plaintiff" rule come into play.

Understanding Pre-Existing Conditions in Personal Injury Claims

A pre-existing condition refers to any medical issue or injury you had before the accident. Common examples include:

  • Back or neck problems
  • Arthritis
  • Previous surgeries
  • Degenerative disc disease
  • Old fractures or soft tissue injuries

When a new accident aggravates or exacerbates these conditions, questions often arise about how much of your current injury is due to the new incident versus your prior health issues.

The Eggshell Plaintiff Rule in Texas

Under Texas law, the "eggshell plaintiff" rule protects injured victims who have pre-existing conditions. This rule is derived from common law principles and is routinely recognized by Texas courts.

The Texas Pattern Jury Charge (PJC 28.6) includes specific language on pre-existing conditions:  "If a pre-existing injury or condition was aggravated by the occurrence in question, you are to determine the amount of damages that resulted from the aggravation."

Simply put, under the eggshell plaintiff rule, a defendant takes the plaintiff as they find them. If the defendant’s negligence causes additional harm to someone who is more susceptible to injury due to a pre-existing condition, they are still fully responsible for the entire extent of the harm caused.

Insurance Companies' Tactics

Despite the eggshell plaintiff rule, insurance companies routinely argue that your injuries were not caused by the accident but were instead due to your pre-existing conditions. Their tactics often include:

  • Requesting extensive medical records
  • Hiring defense medical experts
  • Arguing that only a minor aggravation occurred
  • Blaming natural degeneration or aging

These arguments can significantly reduce your settlement offer if you don’t have strong legal advocacy.

Texas Law: Proximate Cause and Apportionment of Damages

In Texas, the legal concept of "proximate cause" is crucial (Texas Pattern Jury Charge PJC 2.4). The defendant is liable for injuries that are the foreseeable result of their negligence, even if the plaintiff's pre-existing condition made the injuries worse.

However, if part of your injury was truly unrelated to the accident, the jury may apportion damages. Texas Civil Practice and Remedies Code §33.003 allows for proportionate responsibility, though this typically applies to multiple defendants rather than distinguishing between pre-existing and new injuries.

In Leitch v. Hornsby, 935 S.W.2d 114 (Tex. 1996), the Texas Supreme Court reaffirmed that defendants are liable for the full extent of harm caused by their negligence, even when pre-existing conditions make the injury worse.

Key Takeaways for Injured Texans

  •  You are entitled to compensation for the full extent of your injuries, even if you had a pre-existing condition.
  • The defendant cannot escape liability by arguing you were already vulnerable.
  • Insurance companies will likely try to minimize your claim by focusing on your medical history.
  • Having thorough medical documentation and an experienced personal injury attorney can make a significant difference.

Protecting Your Rights

If you have suffered a pre-existing injury accident in Texas, don’t let insurance companies take advantage of you. An experienced personal injury attorney can:

  • Gather and present your medical evidence effectively.
  • Retain medical experts to support your case.
  • Ensure the jury understands how the accident aggravated your pre-existing condition.
  •  Maximize your compensation under Texas law.

At the HLAW Firm, we have extensive experience dealing with complex cases involving pre-existing injuries. Contact us for a free consultation if you or a loved one has been injured.

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Texas parking lot and sidewalk injury — premises liability law explained

When Property Owners Are Liable for Injuries on Sidewalks or Parking Lots in Texas

By Jesse Lotspeich · Personal Injury

Texas parking lot and sidewalk injury — premises liability law explained
HLAW Firm helps victims of parking lot and sidewalk injuries pursue justice under Texas premises liability law.

Sidewalks, parking lots, and other exterior areas of businesses and properties are often taken for granted. But for many personal injury victims, these seemingly ordinary places are where accidents happen. In Texas, property owners can be held legally responsible for injuries that occur on these exterior spaces under premises liability law.

Understanding Premises Liability for Exterior Areas

Texas premises liability law is governed primarily by common law principles and influenced by the Texas Supreme Court’s decisions, such as Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), and Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992). These cases establish that property owners and occupiers have a duty to maintain their premises in a reasonably safe condition and warn of known dangers.

While many associate premises liability with incidents inside buildings, Texas law applies the same principles to exterior areas, including:

  • Sidewalks
  • Parking lots
  • Driveways
  • Entryways
  • Outdoor common spaces

Who Is Responsible for Sidewalks and Parking Lots?

Liability depends on ownership and control:

  • Private Property Owners: Businesses, shopping centers, apartment complexes, and private property owners are generally responsible for maintaining their sidewalks, parking lots, and driveways. See CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000).
  • Public Entities: If a sidewalk or parking lot is owned or maintained by a governmental entity, sovereign immunity laws apply under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code Chapter 101. This law provides limited waivers of immunity but imposes strict notice requirements and damage caps.
  • Shared Responsibility: Property managers, tenants, or contractors may share liability depending on contractual obligations and control over the premises.

Common Exterior Hazards Leading to Injury

Some of the most frequent causes of sidewalk and parking lot injuries in Texas include:

  • Uneven or cracked pavement
  • Potholes
  • Loose gravel or debris
  • Poor lighting leading to inadequate visibility
  • Inadequate drainage causing slick surfaces
  • Missing or poorly marked curbs or steps
  • Failure to address ice, snow, or standing water (though Texas rarely deals with ice, occasional winter storms can create hazards)

Legal Standard: The Duty Owed to Visitors

Under Texas law, the duty owed depends on the status of the injured person:

  • Invitees (business customers, tenants, guests): Property owners owe the highest duty of care. They must inspect the property and either remedy dangerous conditions or warn of their existence. See Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934 (Tex. 1998).
  • Licensees (social guests): Property owners owe a duty to warn of known dangerous conditions that are not obvious.
  • Trespassers: Generally, the duty is minimal, though landowners cannot willfully or wantonly cause harm.

Proving Liability in Texas Parking Lot and Sidewalk Injury Cases

To succeed in a premises liability claim for a parking lot injury or sidewalk trip fall liability in Texas, the injured party typically must prove:

  1. The property owner had actual or constructive knowledge of the dangerous condition.
  2. The condition posed an unreasonable risk of harm.
  3. The property owner failed to take reasonable steps to reduce or eliminate the risk.
  4. The failure directly caused the injury.

Constructive knowledge can be established by showing the condition existed long enough that the owner should have discovered it through reasonable inspection. This standard was clarified in Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406 (Tex. 2006).

Challenges in Sidewalk and Parking Lot Cases

These cases often hinge on:

  • Photographs or video of the hazard
  • Maintenance logs and inspection reports
  • Witness statements
  • Expert testimony (engineering reports, lighting studies, or building code violations)

In urban areas, municipal codes may establish maintenance standards that can strengthen a negligence claim if violated.

Governmental Claims: Special Considerations

Claims against a governmental entity in Texas face unique hurdles under the TTCA:

  • Plaintiffs must provide written notice of the claim within six months of the injury (or less if required by local charter).
  • Damages are capped ($250,000 per person/$500,000 per occurrence for state entities).
  • The plaintiff must prove actual knowledge of the dangerous condition by the governmental unit.

Statute of Limitations in Texas

Under Texas Civil Practice & Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of injury. Prompt action is crucial, especially in cases involving public entities due to additional notice requirements.

Damages Available

In a successful premises liability case, injured victims may recover damages for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Permanent impairment or disability
  • Future medical care needs

Why Exterior Premises Liability Claims Matter

Sidewalk and parking lot injuries can result in serious harm: fractures, head trauma, spinal injuries, or even lifelong disabilities. Property owners must take reasonable steps to protect visitors not only inside but also outside their buildings.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the complexities of Texas premises liability law. If you or a loved one has been injured in a sidewalk or parking lot accident, don’t wait. Contact our experienced personal injury attorneys today for a free consultation and let us fight for the justice you deserve.

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Person attempting vehicle theft with gloved hands and a tool, representing theft crimes in Texas

Understanding Theft Under Texas Criminal Law: A Comprehensive Guide

By Luke A. Williams · Theft

Person attempting vehicle theft with gloved hands and a tool, representing theft crimes in Texas
Know your rights: Theft charges in Texas range from petty shoplifting to felony offenses—get the legal defense you deserve.

In Texas, theft is defined under Texas Penal Code § 31.03 as the unlawful appropriation of property with intent to deprive the owner of it. But that simple definition masks a wide range of possible charges—from shoplifting a T-shirt to stealing corporate funds. The consequences vary significantly depending on the value of the property, the method of theft, and whether aggravating factors are involved.

In this guide, we break down the different types of theft charges in Texas, the applicable laws, penalties, and why having an experienced Texas theft defense attorney is critical to protecting your rights.

Types of Theft Charges in Texas

1. Misdemeanor Theft (Sometimes Referred to as “Petty Theft”)

Legal Definition: Theft of property valued at less than $2,500, under Tex. Penal Code § 31.03(e).

Charge Level and Penalties:

  • Class C Misdemeanor: Property worth less than $100 • Fine up to $500
  • Class B Misdemeanor: $100 to $749 or if the defendant has a prior theft conviction • Up to 180 days in jail and a $2,000 fine
  • Class A Misdemeanor: $750 to $2,499 • Up to 1 year in county jail and a $4,000 fine

2. Felony Theft (Including Aggravated Theft)

Legal Definition: Theft becomes a felony when the value of the stolen property exceeds $2,500 or involves certain protected items, like firearms, livestock, or election ballots.

Felony Theft Levels:

  • State Jail Felony: $2,500–$29,999 • 180 days to 2 years in state jail, up to $10,000 fine
  • Third-Degree Felony: $30,000–$149,999 • 2–10 years in prison Second-Degree Felony: $150,000–$299,999 • 2–20 years in prison
  • First-Degree Felony: $300,000 or more • 5–99 years or life imprisonment

Aggravating Circumstances:

  • Offense against elderly or nonprofit entities
  • Use of deception or breach of fiduciary duty
  • Use of a weapon (often charged separately or elevates to robbery)

3. Robbery and Burglary: Theft With Force or Intrusion

Although distinct offenses, robbery and burglary often stem from theft-related conduct and are charged under separate statutes:

Robbery – Tex. Penal Code § 29.02

  • Involves intentionally or knowingly causing bodily injury or threatening another while committing theft.
  • Second-Degree Felony: 2–20 years in prison

Aggravated Robbery – Tex. Penal Code § 29.03

  • Use of a deadly weapon, serious bodily injury, or offense against elderly/disabled person.
  • First-Degree Felony: 5–99 years or life imprisonment

Burglary – Tex. Penal Code § 30.02

  • Entering a building without consent with intent to commit theft, assault, or another felony.
  • Can range from a State Jail Felony (uninhabited buildings) to a First-Degree Felony (habitations with intent to commit felony).

4. Shoplifting

Shoplifting is a form of theft prosecuted under the same § 31.03 statute, but it frequently involves unique elements like store surveillance, witness statements, and security procedures.

Factors Affecting the Charge:

  • Value of merchandise
  • Use of devices to shield items from detection (which may elevate charge to Organized Retail Theft under Tex. Penal Code § 31.16)
  • Prior convictions can increase punishment range

Diversion Programs: In some counties (and in Tarrant County, Texas), first-time offenders may be eligible for pretrial diversion or deferred adjudication, avoiding a conviction if successfully completed.

5. Receiving or Possessing Stolen Property

Texas law treats knowingly receiving or possessing stolen property the same as stealing it, under Tex. Penal Code § 31.03(b).

Prosecution Must Prove:

  • Property was stolen
  • Defendant knew or should have known it was stolen

Penalty Level: Based on value of property and criminal history, ranges from Class C misdemeanor to first-degree felony

Penalties for Theft in Texas: A Breakdown

  1. Value of Property: The main driver of the charge level—from minor fines to multi-decade prison sentences.
  2. Prior Convictions: Repeat offenses often elevate even low-value thefts to higher classes of misdemeanors or felonies.
  3. Special Victims or Circumstances:

  1. Restitution and Civil Liability: Courts often order restitution, and under the Texas Theft Liability Act (Tex. Civ. Prac. & Rem. Code § 134.001), victims can sue offenders for civil damages.

Why You Need a Skilled Theft Defense Attorney in Texas

Theft charges may seem straightforward, but legal defenses are often nuanced:

  • Lack of intent to permanently deprive
  • Mistake of fact (believing the item belonged to you)
  • Illegal search or seizure (4th Amendment violations)
  • Coercion or duress

An experienced Texas theft lawyer can:

  • Assess the prosecution’s evidence
  • Challenge constitutional violations
  • Negotiate a reduction or dismissal
  • Fight for a favorable plea or trial outcome

At the HLAW Firm, we take a client-centered approach to every criminal case. Whether you’re a first-time offender or facing felony theft, we’re here to protect your rights and your future.

Conclusion

Theft charges in Texas cover a wide spectrum—from simple shoplifting to major corporate embezzlement. But regardless of the value or circumstances, a conviction can carry serious consequences for your freedom, record, and reputation.

If you’re facing any type of theft charge, don’t navigate the legal system alone. Contact the HLAW Firm today to schedule a confidential case review and get the strong, experienced representation you deserve.

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Doctor holding stethoscope with text asking if you need to see a doctor after a minor car accident – HLAW Law Firm

Do I Need to See a Doctor After a Minor Car Accident?

By Jesse Lotspeich · Personal Injury

Doctor holding stethoscope with text asking if you need to see a doctor after a minor car accident – HLAW Law Firm
Even minor car accidents can cause hidden injuries. Learn why seeing a doctor right away is critical to your health and your personal injury claim.

Why Delaying Medical Care Could Harm Both Your Health and Your Injury Claim

When you’ve been in a minor car accident—maybe a rear-end at a stoplight or a fender bender in a parking lot—it’s easy to think, “I feel fine, so I don’t need to see a doctor.” But in Texas personal injury cases, this one decision can have a major impact on your health, recovery, and financial compensation.

At the HLAW Law Firm, we’ve helped countless Fort Worth accident victims who initially thought they were uninjured, only to discover serious symptoms days later. Below, we explain exactly why seeing a doctor after any car crash—no matter how small—is not just recommended, but essential.

🚗 Why “Minor” Accidents Can Still Cause Major Injuries

There’s no such thing as a “minor” accident when it comes to your body. Even a low-speed crash involves a sudden change in momentum, which forces your muscles, ligaments, joints, and spine to absorb the shock.

You might feel okay at the scene, but the effects often don’t show up until hours or even days later—especially when adrenaline and shock are still in play.

⚠️ Common Injuries from Low-Impact Collisions Include:

  • Whiplash – neck strain from rapid back-and-forth motion
  • Soft tissue damage – to muscles, tendons, and ligaments
  • Herniated discs – causing pain, tingling, or numbness
  • Concussions – even without hitting your head
  • Shoulder, knee, or wrist injuries – from bracing on impact
  • Internal bleeding or bruising – especially from seat belt trauma

These injuries can worsen without early treatment and sometimes become chronic or permanent if ignored.

🏥 Why You Should See a Doctor Even If You Feel “Fine”

✅ 1. Symptoms May Be Delayed

Many accident-related injuries don’t present immediate symptoms. It might take:

  • 12 to 72 hours for neck or back pain to show up
  • Several days for nerve pain, headaches, or dizziness
  • A week or more before soft tissue stiffness becomes obvious

Early diagnosis means quicker healing, reduced long-term damage, and clearer proof of your injury’s cause.

✅ 2. Medical Records Protect Your Legal Rights

If you later decide to pursue a personal injury claim, insurance adjusters will scrutinize your actions after the accident. One of the first questions they ask is:

“Did you go to the doctor right away?”

Waiting too long may lead them to argue:

  • You weren’t really hurt
  • Your injury came from something else
  • Your damages aren’t worth as much

Having prompt medical documentation strengthens your claim and links your injuries directly to the crash.

✅ 3. Insurance Companies Use Delays Against You

Even in cases where the other driver was clearly at fault, insurers will look for any excuse to reduce or deny your compensation.

Texas follows a modified comparative fault rule (Tex. Civ. Prac. & Rem. Code § 33.001), meaning if they can pin 51% of the blame on you—or claim your injuries are unrelated—you could walk away with nothing.

🕒 How Soon Should You Get Medical Attention?

The best practice is to see a doctor within 72 hours of the accident, even if you don’t feel hurt. This is considered a reasonable time frame by both insurers and courts.

📌 You should go immediately if you experience:

  • Loss of consciousness
  • Vomiting or nausea
  • Severe pain
  • Confusion or memory issues
  • Visible swelling or bruising

💬 What Kind of Doctor Should You See After a Car Accident?

It depends on your symptoms and situation, but common options include:

  • Emergency Room – for urgent or severe symptoms
  • Urgent Care – for same-day evaluation of mild-to-moderate pain
  • Primary Care Doctor – for continuity of care and referrals
  • Chiropractor or Physical Therapist – for neck, spine, and mobility issues
  • Orthopedic Specialist – for joint and musculoskeletal injuries

If you don’t know where to start, we can connect you with local providers who treat car accident victims and understand how to document your case properly.

💸 What If I Can’t Afford to See a Doctor?

In Texas, many doctors who treat car wreck injuries will work on a letter of protection basis. That means they agree to delay payment until your case settles—no upfront cost.

At HLAW, we regularly help clients arrange care with:

  • Chiropractors
  • Imaging clinics (MRI, CT)
  • Orthopedic specialists
  • Physical therapy providers

We can help coordinate your treatment so you can focus on healing.

❌ What Happens If You Don’t Seek Medical Treatment?

If you choose not to see a doctor after a crash, you risk:

  • Worsening a hidden injury
  • Being stuck with out-of-pocket medical bills later
  • Losing your chance to file a personal injury claim
  • Getting lowballed or denied by the insurance company

Even if you feel fine, documentation matters. It’s your proof that the accident caused your injuries, not something else.

🧠 What If You Waited Too Long to See a Doctor?

If it’s been a few days or even weeks and you’re only now starting to feel pain, you should still seek care immediately and speak to an attorney. It’s harder to prove your case with delays, but not impossible—especially if your symptoms are clearly injury-related and documented properly.

👨‍⚖️ Hurt in a Car Wreck in Fort Worth? Let’s Talk.

At the HLAW Firm, we’re not just here to file claims—we’re here to listen, guide, and advocate for you. Whether your wreck felt “minor” or involved serious injuries, we treat each case with the same level of care and commitment.

✅ Free consultations

✅ No fees unless we win

✅ Trusted relationships with local doctors

✅ Compassionate, faith-based advocacy

Don’t guess about your health. 

📞 Contact us today to speak directly with a personal injury attorney.

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Medical illustration of a human skull and brain with the text ‘Traumatic Brain Injuries in Texas – Legal Rights, Real Cases, and What to Expect in a Texas Personal Injury Claim’ from HLAW Law Firm.

Traumatic Brain Injuries in Texas: Legal Rights, Real Cases, and What to Expect in a Personal Injury Claim

By Jesse Lotspeich · Personal Injury

Medical illustration of a human skull and brain with the text ‘Traumatic Brain Injuries in Texas – Legal Rights, Real Cases, and What to Expect in a Texas Personal Injury Claim’ from HLAW Law Firm.
Learn what Texas law says about traumatic brain injury claims—your legal rights, real case examples, and how HLAW Law Firm can help you seek justice.

Introduction

Traumatic Brain Injuries (TBIs) are among the most devastating injuries a person can suffer—often resulting in permanent cognitive, emotional, and physical impairments. In Texas personal injury law, TBIs require a nuanced approach: proving causation, long-term consequences, and damages in a way that withstands the scrutiny of insurance adjusters, defense counsel, and juries.

Whether the injury resulted from a car wreck, workplace fall, sports incident, or violent assault, victims deserve both medical care and legal justice. This article provides an in-depth guide to TBI cases in Texas, exploring relevant statutes, legal strategies, case examples, and the kinds of damages typically awarded.

1. Understanding Traumatic Brain Injuries

A TBI occurs when the brain is damaged by external force—commonly through blunt trauma, penetration, or acceleration/deceleration forces. Types of TBIs include:

  • Concussions – Often caused by whiplash or impact, with symptoms like confusion, headache, and memory loss.
  • Contusions – Bruising of the brain tissue, usually from direct impact.
  • Diffuse Axonal Injury – Caused by rapid acceleration/deceleration, damaging brain cells across multiple areas.
  • Penetrating Injuries – From objects entering the skull (e.g., gunshots, industrial accidents).
  • Second Impact Syndrome – Occurs when a second concussion is sustained before the first has healed.

Common Symptoms:

  • Short- and long-term memory loss
  • Difficulty concentrating or reasoning
  • Personality changes or depression
  • Slurred speech or motor impairments
  • Fatigue, headaches, vision issues
  • Post-traumatic seizures

2. Texas Law Governing TBI Personal Injury Claims

Texas personal injury claims involving TBIs typically rely on a negligence theory, meaning the plaintiff must show that the defendant failed to act with reasonable care and caused the injury.

A. Key Legal Elements:

  1. Duty – The defendant had a legal duty (e.g., to operate a vehicle safely, maintain safe premises).
  2. Breach – That duty was breached (e.g., through reckless driving or ignoring hazards).
  3. Causation – The breach caused the TBI.
  4. Damages – The victim suffered actual, compensable harm.

B. Comparative Fault – CPRC § 33.001–33.017

Texas applies modified comparative fault. If the injured party is more than 50% at fault, they cannot recover damages. If less, damages are reduced proportionally. This can become critical in:

  • Car accidents involving allegations of speeding or texting
  • Slip-and-fall cases where warning signs were partially visible
  • Workplace injuries involving failure to follow safety protocols

C. Statute of Limitations – CPRC § 16.003

You have two years from the date of injury to file a lawsuit. In some brain injury cases—especially when symptoms are subtle—delayed discovery arguments may apply, but this can be contentious and requires strong medical documentation.

3. Types of TBI-Related Accidents in Texas Personal Injury Law

A. Car and Truck Accidents

TBIs are common in rear-end collisions, rollovers, and motorcycle crashes. Even when airbags deploy and seat belts are used, sudden deceleration can cause the brain to shift violently within the skull.

B. Falls on Dangerous Premises

Under Texas premises liability law, property owners owe a duty to warn of or correct unreasonably dangerous conditions. TBIs from slips, trips, and stairway falls often occur in:

  • Retail stores (wet floors, poor lighting)
  • Apartment complexes (broken handrails, loose tiles)
  • Public buildings (uneven pavement, lack of signage)

Key Issue:

Plaintiffs must prove the owner had actual or constructive knowledge of the hazard and failed to remedy it. Surveillance footage, cleaning logs, and witness statements are crucial.

C. Workplace and Construction Accidents

Texas is unique in that it allows employers to opt out of the state workers’ compensation system. These non-subscriber employers can be directly sued for negligence.

Scenario:

A roofer working for a non-subscriber in Fort Worth falls through an unsecured skylight and suffers a severe TBI. If OSHA violations or improper training are proven, the employer may be held liable.

For subscriber employers, a third-party lawsuit might still be viable—for example, against a subcontractor or equipment manufacturer.

D. Medical Negligence or Birth Injury

Brain damage due to lack of oxygen (hypoxia) during childbirth, surgical error, or anesthesia negligence may form the basis of a medical malpractice claim. These are governed by CPRC Chapter 74, which requires:

  • Pre-suit notice
  • Expert reports
  • Caps on non-economic damages ($250,000 per provider)

E. Assault and Negligent Security

TBI victims of violent assaults (e.g., bar fights, domestic violence, parking lot attacks) may bring civil claims against:

  • Perpetrators (if identifiable and collectible)
  • Property owners (if they failed to implement reasonable security measures)

Under Texas law, businesses are not liable for third-party criminal acts unless those acts were foreseeable and preventable. Prior similar crimes, lack of lighting or surveillance, and poor response plans can support a claim.

4. Evidence and Experts in TBI Litigation

TBIs are notoriously difficult to “see,” especially in the absence of skull fractures or hemorrhages. That makes medical evidence and expert testimony essential.

Types of Medical Evidence:

  • Neuroimaging (MRI, CT, DTI scans)
  • EEGs (for seizure activity)
  • Neuropsychological Testing (measures memory, attention, processing speed)
  • Expert Testimony from neurologists, neurosurgeons, rehab specialists

Other Critical Evidence:

  • Testimony from family, coworkers, teachers (to demonstrate changes in behavior)
  • Employment records (pre- vs. post-incident productivity)
  • Life care planners and economists (to estimate future care costs and earning capacity)
  • Pain journals and video diaries

5. Damages in Texas TBI Lawsuits

Damages in a TBI case can be extensive and are usually categorized into:

A. Economic Damages

  • Medical bills (hospitalization, surgery, rehab, medications)
  • Lost income and future earning capacity
  • In-home care or residential treatment
  • Occupational therapy, counseling, assistive devices

B. Non-Economic Damages

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium (for spouses or family members)

C. Punitive Damages (Exemplary Damages)

Available under CPRC § 41.003 if the defendant acted with gross negligence, malice, or fraud (e.g., drunk driving, intentional assault).

6. Settlement vs. Trial: What to Expect

Most TBI claims settle before trial, but insurance companies often resist paying fair value due to the subjective nature of many symptoms.

Advantages of Settlement:

  • Certainty and faster compensation
  • Avoids the emotional toll of litigation

When Trial May Be Necessary:

  • Disputes over causation or extent of impairment
  • Allegations of preexisting conditions
  • Need for structured lifetime compensation

Tip: Your legal team should prepare every TBI case as if it will go to trial. That alone can strengthen your bargaining power.

Conclusion: Get Legal Help from a Texas TBI Attorney

If you or someone you love has sustained a traumatic brain injury due to someone else’s negligence, the path forward can feel overwhelming. Between medical bills, insurance claims, and long-term uncertainty, you need an advocate who understands both the law and the science behind TBIs.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we don’t treat TBI cases like routine personal injury claims. We invest in the best experts, create compelling case strategies, and walk with you and your family every step of the way.

Schedule a Free Consultation Today

We’re proud to serve TBI victims across Fort Worth, Dallas, and all of Texas. Call 817-993-9249 or complete our online intake form for a confidential, no-obligation case review.

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Speak with a Fort Worth attorney

Call (817) 993-9249 or send us a message to discuss your case.