When someone else's negligence causes you to develop a traumatic brain injury (TBI), Texas law gives you the right to seek the resources needed for the long road ahead.
Asserting those rights is where the real challenge begins. TBI cases are complicated because insurance companies frequently downplay invisible injuries, especially when initial CT scans or MRIs come back looking normal. They have a financial incentive to categorize a life-altering injury as a mild concussion in an attempt to minimize the payout, leaving you and your family to bear the true cost.
As Houston traumatic brain injury (TBI) lawyers, we understand that trying to heal is your only priority. Managing medical evidence, legal deadlines, and insurance paperwork is an impossible task under the circumstances. Calderon Law Firm manages the legal process, allowing you to focus completely on your cognitive recovery.
If you or someone you love is suffering from the effects of a brain injury, call us immediately at 346-999-5673 for a direct and honest conversation about your case.
Why Choose Calderon Law Firm for Your TBI Case?
Our History And Founder
Calderon Law Firm was founded by Jose M. Calderon, a Houston native and the first-generation son of Mexican immigrants. After earning a history degree from the University of Texas and attending South Texas College of Law Houston on a Dean's Merit Scholarship, he began his career at established Texas personal injury firms. He saw firsthand how clients get lost in the shuffle of high-volume practices.
He started this firm to provide something different: direct attorney access and a personalized strategy for every single client. This means you will not be handed off to a case manager after your initial call.
Jose Calderon's background and his fluency in Spanish are foundational to our service to Houston's diverse communities, ensuring clear communication and genuine understanding for every family we represent.
Proven Track Record And Recognition
Our approach is built on preparing every case as if it will go to trial. This readiness typically convinces insurers to offer fairer settlements without a lengthy court battle.
Jose Calderon's effectiveness as a trial lawyer is reflected in his rapid professional recognition. He was named to The National Trial Lawyers' "Top 40 Under 40" within his second year of practice and has been selected to the Texas Super Lawyers Rising Stars list annually since 2020-an honor given to fewer than 2.5% of attorneys in the state.
This experience extends beyond the courtroom, including arguing before the Texas Tenth Court of Appeals and being among the first to file suit for victims in complicated events like the Astroworld tragedy. It is this combination of ground-level client commitment and high-stakes legal experience that defines our practice.
A Client-First Approach
- Direct Access: Our clients text the office or their attorney directly with questions. We prioritize quick, clear responses because we know your peace of mind matters.
- Transparency: Our motto is "Transparency You Can Trust." This means no hidden fees and constant updates on the status of your case. You will always know what is happening and why.
- Contingency-Fee Basis: We offer a free consultation to evaluate your case. You will not pay us a single dime unless we recover compensation for you. We only get paid if you win.
- Convenient Location: Our office is located at 6750 West Loop South in Bellaire, right off the I-610 loop near the US-59 interchange. This makes us easily accessible for families across the greater Houston area.
TBI Compensation: What Is Your Case Worth?
In a personal injury claim, the goal is to secure compensation that makes you whole again financially. For a TBI, this requires a forward-looking approach that accounts for all possible lifetime expenses stemming from the accident.
Economic Damages (The Financial Impact)
These are the tangible, calculable losses associated with your injury. We work with medical and financial planners to build a comprehensive picture of your needs, including:
- Immediate Medical Bills: This covers everything from the ambulance ride and emergency room visit to ICU stays, surgeries, and initial hospitalizations.
- Future Medical Care: This is perhaps the most important element in a TBI case. It includes funding for life-care plans, ongoing cognitive and physical therapy, vocational rehabilitation, prescription medications, and potentially long-term assisted living.
- Lost Wages and Earning Capacity: We pursue recovery for the income you've already lost and, more importantly, for your loss of earning capacity. If the TBI prevents you from returning to your previous career or working at all, we calculate the total income you would have earned until retirement.
Non-Economic Damages (The Human Cost)
These damages compensate for the intangible, personal losses that do not come with a receipt but are just as real. They acknowledge the profound human impact of a brain injury, such as:
- Pain and Suffering: Compensation for the physical pain, chronic headaches, and discomfort caused by the injury.
- Mental Anguish & Emotional Distress: This addresses the anxiety, depression, frustration, and PTSD that are common companions to a TBI.
- Loss of Consortium: A spouse may also have a claim for the loss of companionship, affection, and intimacy if the TBI has fundamentally altered the victim's personality and the marital relationship.
Punitive Damages
In rare cases, Texas law allows for punitive damages. These are not meant to compensate you for a loss but to punish the defendant for gross negligence-for instance, if your TBI was caused by a drunk driver or a company that knowingly put a dangerous product on the market. We will assess if your case meets this high standard.
What If I'm Partially At Fault?
Texas follows a modified comparative negligence rule. Under this rule, if you are found partially at fault for the accident, your compensation is reduced proportionally. If you are found 51% or more at fault, you are barred from recovering any compensation.
Our job is to build a case that protects you from unfair blame and preserves your right to full compensation.
Where Traumatic Brain Injuries Occur in Houston
As a major metropolitan area, Houston has several hotspots where the risk of accidents leading to head trauma is significantly higher.
High-Risk Traffic Corridors
Many TBIs result from high-speed collisions where the head is violently jolted. This causes a coup-contrecoup injury, where the brain slams into both the front and back of the skull. Some of the most dangerous areas include:
- The I-610 Loop, particularly near our Bellaire office and the Galleria.
- The notoriously difficult US-59/I-69 and I-45 interchange downtown.
- Major arterial roads like FM 1960, known for severe accidents involving commercial vehicles and passenger cars.
The city's weather also plays a role. During Houston's frequent flash flooding events, hydroplaning on these highways leads to high-impact crashes resulting in severe head trauma.
Construction and Industrial Zones
Houston's economy is powered by construction and energy, but these industries come with inherent risks. We handle TBI cases arising from worksites in Midtown, the Port of Houston, and the industrial refineries in Pasadena. These injuries are typically caused by falling objects, falls from heights, or equipment malfunctions where a worker suffers a direct blow to the head.
According to the Texas Department of State Health Services, falls and motor vehicle crashes are the leading causes of TBI-related hospitalizations in the state.
Traumatic Brain Injury Practice Areas And Legal Concepts
Common Causes We Handle
- Motor Vehicle Accidents: The single leading cause of TBIs. The force from whiplash alone sometimes causes a brain bleed or a diffuse axonal injury.
- Commercial Trucking Crashes: The massive size and weight difference in a collision with an 18-wheeler means that catastrophic head injuries are unfortunately common.
- Workplace Accidents: These include injuries from slips on hard surfaces, falls from scaffolding, or being struck by heavy materials or equipment.
- Premises Liability: Property owners have a duty to keep their premises safe. A slip and fall on a wet floor or poorly maintained staircase causes a concussion or even a subdural hematoma.
Types of Brain Injuries
We work with medical professionals to accurately diagnose and document the full extent of a brain injury, which includes:
- Concussions (Mild TBI): A concussion is a serious injury. The term "mild" is a medical classification, not a reflection of its impact on your life. Post-concussion syndrome is typically disabling no matter what severity level.
- Diffuse Axonal Injury (DAI): Caused by strong rotational forces, like those in a T-bone car crash, DAI involves the tearing of the brain's long connecting nerve fibers. It does not always show up on a standard MRI.
- Contusions and Coup-Contrecoup: These are bruises on the brain tissue caused by a direct impact or the brain striking the inside of the skull.
Proving The Invisible Injury
A central challenge is proving an injury that does not appear on a single X-ray. The defense will argue you are fine, but we know how to demonstrate the truth. We use neuropsychological evaluations, testimony from your family about personality changes, and advanced imaging to build an undeniable record of your suffering.
The statute of limitations for filing a personal injury claim in Texas is generally two years from the date of the accident. While that seems like a long time, do not wait. Evidence like traffic camera footage or witness memories disappears quickly. The sooner you contact a Houston brain injury lawyer, the stronger your case will be.
Dealing With Insurance Companies: The Delay, Deny, Defend Strategy
Insurance companies are not in the business of public health; they are in the business of managing risk and protecting profit. While adjusters seem friendly and concerned, they are trained to minimize payouts. For a TBI case, their playbook is predictable and effective if you are unrepresented.
Tactics to Watch Out For
- The Clean Scan Argument: They will point to a normal CT scan or MRI and claim your symptoms, like headaches, memory loss, mood swings, are unrelated to the accident. We know that microscopic brain damage, like DAI, requires advanced diagnostics or neuropsychological testing to prove.
- Blaming Pre-Existing Conditions: The adjuster digs into your medical history, looking for any prior complaint of headaches, anxiety, or depression to argue that your current condition is not their policyholder's fault.
- The Early Lowball Offer: They might offer you a quick check for a few thousand dollars, hoping you'll accept it before you understand the true lifetime cost of your injury. This is particularly dangerous in TBI cases, as the full extent of a cognitive deficit is not always clear for months or even years. Accepting that offer permanently closes your claim.
Our role is to immediately take over all communication with the insurance company. This prevents you from making a recorded statement or saying something that could devalue your claim. We build the case with medical evidence and expert opinions, framing the claim around the true lifetime cost, not just the bills in front of you today.
What to Do After a Head Injury
After you have sought initial medical attention from an ER or your primary doctor, your actions in the following weeks and months are vital for both your health and your potential legal claim.
Here is a simple checklist to follow:
- Embrace Cognitive Rest: Your brain needs to heal. This means limiting screen time, avoiding stressful tasks, and following your doctor's orders. Trying to push through brain fog slows your recovery and signals to the insurer that you are not as injured as you claim.
- Keep a Symptom Journal: This is invaluable for a TBI case. Every day, write down your struggles, no matter how small. Examples:
- "Forgot where I parked my car today."
- "Had a sudden bout of dizziness while cooking."
- "Snapped at my spouse for no reason."
- Follow All Treatment Plans: Do not miss appointments with neurologists, therapists, or other specialists. Every missed appointment gives the insurance company an opening to argue that you are not seriously hurt.
- Implement a Social Media Blackout: Do not post anything on social media. A single photo of you smiling at a family event will be taken out of context and used by the defense to argue you are not suffering from depression or pain.
- Preserve All Evidence: Keep hard copies of every medical bill, discharge summary, and prescription receipt. Do not throw away physical evidence from the accident, such as a cracked bicycle helmet or bloodied clothing.
FAQ: Traumatic Brain Injury Claims in Houston
What if my MRI and CT scans came back normal, but I still have symptoms?
This is extremely common in brain injury cases. Standard imaging sometimes fails to detect micro-tears or chemical imbalances. We help you get a referral to a neuropsychologist for cognitive testing or recommend advanced imaging like a DTI (Diffusion Tensor Imaging) scan, which reveals damage to the brain's white matter tracts.
Can I file a claim if I didn't lose consciousness at the scene?
Yes, absolutely. Loss of consciousness is not a requirement for a TBI diagnosis. Many serious brain injuries, including concussions and some contusions, occur without any loss of consciousness. Symptoms like confusion, dizziness, memory gaps, or seeing stars are all indicators of brain trauma.
How do we prove personality changes in court?
We rely heavily on what are known as "before and after" witnesses. This involves collecting testimony from family members, close friends, and coworkers who knew you well before the accident. They provide specific, credible accounts of the changes in your mood, temperament, and cognitive abilities, which serves as powerful evidence for a jury.
Can I still recover damages if I wasn't wearing a helmet?
In most cases, yes. The at-fault party is still responsible for causing the accident in the first place. The defense might try to argue that your damages would have been less severe if you had worn a helmet, but this does not erase the defendant's liability. We fight to show that the crash itself was the primary cause of your injuries.
How long does a TBI lawsuit take to settle in Texas?
It varies. TBI cases take longer than standard injury claims because we do not begin to negotiate a settlement until you have reached what is called Maximum Medical Improvement (MMI). This is the point where doctors form a clear picture of your long-term prognosis. Rushing to settle before reaching MMI is a mistake that costs you the future care you need.
Don't Let an Insurance Company Dictate Your Recovery
A traumatic brain injury is a thief. It steals memories, job prospects, and peace of mind. You should not have to lose your financial security, too.
At Calderon Law Firm, we do not just read your medical reports; we listen to the human story behind them. Led by a recognized and trial-ready attorney, our Houston personal injury lawyer is prepared to demand the full compensation available under Texas law. We handle the entire fight so you can focus on healing.
Call us today at 346-999-5673 for a transparent, no-cost assessment of your case.