You, or your child, were in an accident months ago and seemed fine at first. However, recently you've been experiencing recurring headaches, memory problems, and difficulty concentrating. Your doctor diagnoses you with a traumatic brain injury, but is it too late now to file a TBI lawsuit? Many brain injury victims face this exact situation because TBI symptoms don't always appear immediately after an accident.
The Bonneau Law Firm stands by injured Texans when they need help. Hunt Bonneau is guided by a faith-based approach to the law, understanding that seeking accountability for the harm done isn’t just about the money. It’s about upholding values of shared responsibility and community. Working with a Texas TBI attorney who understands the nuances of state filing restrictions and doing the right thing may mean the difference between securing compensation and losing your right to recovery forever.
Texas Statute of Limitations for Brain Injury Claims
Under the Texas Civil Practice and Remedies Code Section 16.003, Texas follows a two-year statute of limitations for most personal injury claims, including traumatic brain injury cases. This means you have two years from the date of your accident to file a lawsuit against the responsible party.
It is important to understand that the clock starts running on this brain injury statute from the day of the accident, and not from when you first notice symptoms or receive a diagnosis from your doctor. This can present complications for many injured Dallas or Fort Worth residents, simply because many traumatic brain injuries involve delayed onset symptoms. Unlike a broken bone or visible wound, you may not experience headaches, brain fog, and difficulty concentrating or remembering until days, weeks, or months after the initial trauma.
Insurance companies are well aware of these time limits and may use delay tactics to run out the clock on your claim. Courts in Texas tend to enforce statute of limitations deadlines strictly. Even filing your lawsuit one day late can result in dismissal of your case, regardless of the strength of your evidence or the severity of your injuries. This makes understanding the applicable time limits critical for protecting your legal rights.
The Discovery Rule Exception and TBIs
The discovery rule is a limited exception to the state’s two-year statute of limitations.
The Bonneau Law Firm applies a three-pronged approach to understanding whether or not your TBI case might fall under the discovery rule in Texas:
- Was your injury “inherently undiscoverable”? For instance, was there any way to know if you had been injured right after the accident?
- Did you act with reasonable diligence once symptoms appeared? Did you go to the doctor immediately or wait to seek treatment?
- Is the evidence objectively verifiable? How can our firm help you illustrate clear physical evidence of the negligence that caused your injury?
Brain injuries can qualify for delayed filing under the discovery rule in Texas, but medical documentation is crucial in establishing the timeline. Your Texas TBI attorney will work with medical professionals to illustrate when symptoms first appeared, when you sought medical treatment, and when you received a definitive diagnosis linking your symptoms to the accident.
The discovery rule provides essential protection for brain injury victims, but does not apply in all cases. You must present evidence supporting your claim that the injury was inherently undiscoverable and that you acted with reasonable diligence once symptoms appeared. This requires careful documentation and strategic legal planning.
Special Considerations for Minor Children in Texas
When a child suffers a traumatic brain injury, Texas law provides additional protections regarding statute of limitations deadlines. The statute of limitations in Texas does not begin for a minor until their 18th birthday. In these cases, injured Texans have until their 20th birthday to file a personal injury lawsuit, regardless of when the injury occurred. This extended timeline for minors applies even when parents initially choose not to pursue legal action. For instance, a child who suffered a brain injury at age five could still file a lawsuit at age 19, even if their parents never took legal action on their behalf. This protection ensures that children aren't penalized by their parents' decisions or lack of legal knowledge.
Despite this statute of limitations extension for minors, parents or legal guardians can file suit on behalf of a minor child within two years of the accident. It is often beneficial to file a TBI lawsuit as soon as possible. Waiting to file can create practical problems with evidence preservation, witness availability, and case development. Medical records may become harder to obtain, and witnesses' memories may fade over time.
Other Factors That Can Toll or Extend the Texas Statute of Limitations
Tolling refers to extending or pausing the statute of limitations. Some reasons why you may have longer to file than the typical two year period might include:
- Mental incapacity. Under Texas Civil Practice and Remedies Code Section 16.001(a)(2), being of “unsound mind” is considered a legal disability, and the statute of limitations may be tolled until the victim regains capacity or a legal guardian is appointed to act on their behalf.
- Fraudulent concealment. If the responsible party actively hides their role in causing your injury or takes steps to prevent you from discovering the cause of your brain trauma, the statute of limitations may be tolled until you discover the truth. This often comes into play in medical malpractice claims and other areas of personal injury.
- Military deployment. Under the federal Servicemembers Civil Relief Act, US service members may have additional time to file personal injury claims after returning from active duty deployment.
- Absence from the state. If the defendant leaves Texas after the accident or injury takes place, the time they spend outside Texas may not count toward the statute of limitations period.
Traumatic brain injuries present unique legal considerations, especially under the Texas statute of limitations. At The Bonneau Law Firm, we can help protect your filing rights, guide you through a lawsuit, and work hard for your full and fair recovery, which may include your future medical needs, lost earning capacity, and long-term care requirements.