What is a traumatic brain injury?

A traumatic brain injury (TBI) occurs when an external force causes damage to the brain. Unlike a broken bone that shows up clearly on an X-ray, brain injuries are often invisible — yet their effects can be devastating and permanent. The brain controls everything we do, from breathing to thinking to remembering the faces of our loved ones. When that control center is damaged, the consequences ripple through every aspect of a person's life.

Here's how medical professionals typically categorize traumatic brain injuries:

What makes brain injuries particularly challenging — both medically and legally — is that even "mild" TBIs can have profound, long-lasting effects. Multiple concussions can lead to chronic traumatic encephalopathy (CTE), and symptoms that seem minor at first can worsen over time. That's why it's essential to work with attorneys who understand the full scope of what you're facing.

Do TBI patients ever fully recover?

This is one of the most heartbreaking questions families ask us, and we believe in giving honest answers: it depends. Some TBI patients make remarkable recoveries, while others face lifelong challenges. The outcome depends on factors including the severity and location of the injury, the victim's age and overall health, how quickly they received medical treatment, and the quality and duration of rehabilitation.

What the insurance companies don't want you to know is that "recovery" often doesn't mean returning to who you were before the injury. Many TBI survivors experience permanent changes to their personality, cognitive abilities, and emotional regulation. They may be able to return to work but struggle with tasks that were once easy. They may look fine on the outside while battling invisible symptoms every single day.

The reality is that brain injuries often require ongoing treatment, therapy, and support for years — sometimes for life. When we fight for TBI victims, we don't just calculate the medical bills you've already incurred. We work with medical experts to project your future needs, because the insurance companies sure won't do it for you.

Is TBI hard to prove? How we build winning brain injury claims.

The crux of the issue is that TBIs are often difficult to prove. Unlike a compound fracture or a laceration, brain damage doesn't always show up on standard imaging. Insurance adjusters exploit this constantly, claiming that if they can't see the injury, it doesn't exist. They'll point to normal CT scans and argue that your cognitive problems are exaggerated or pre-existing. It's a cynical strategy designed to deny legitimate claims.

At Thiessen Law Firm, we know how to fight back against these tactics because we've done it before. Our approach to building winning brain injury claims includes the following elements:

• Advanced diagnostic evidence. We work with neurologists and neuroradiologists who utilize cutting-edge imaging techniques like diffusion tensor imaging (DTI), functional MRI (fMRI), and PET scans that can detect brain damage invisible on standard scans.
• Comprehensive neuropsychological testing. We retain qualified neuropsychologists to conduct thorough evaluations that document cognitive deficits, memory problems, and executive function impairments with objective, measurable data.
• Before-and-after documentation. We gather evidence from employers, teachers, family members, and friends who can testify to the changes they've witnessed in our client's abilities and personality.
• Expert witness testimony. We partner with respected medical experts who can explain complex brain injuries to juries in terms they understand — and who can withstand aggressive cross-examination from defense attorneys.
• Accident reconstruction and biomedical analysis. In cases stemming from car accidents, truck accidents, or motorcycle accidents, we work with accident reconstruction experts who can demonstrate the forces involved and how they caused the brain injury.

What is the average settlement for a traumatic brain injury?

We understand why people ask this question — you want to know what your case might be worth. The honest truth is that TBI settlements vary enormously, from tens of thousands of dollars for mild concussions with complete recovery to multi-million dollar verdicts for severe brain injuries resulting in permanent disability.

Some of the most significant factors that influence TBI settlement amounts are:

• Severity and permanence of the injury: A severe TBI resulting in permanent cognitive impairment will typically command significantly higher compensation than a concussion with full recovery.
• Impact on earning capacity: If the injury prevents you from returning to your career or reduces your ability to earn income, this dramatically increases the value of your claim.
• Medical expenses (past and future): TBI treatment is expensive, and lifelong care needs can add up to millions of dollars.
• Strength of liability evidence: Clear evidence that another party was at fault strengthens your negotiating position.
• Available insurance coverage: The at-fault party's insurance limits may affect what's practically recoverable.
• Quality of your attorney: Insurance companies know which attorneys are willing to take cases to trial. When they see Thiessen Law Firm on a case, they know we won't accept lowball offers.

Many moderate-to-severe brain injuries qualify as catastrophic injuries under Texas law, which means they result in permanent, life-altering consequences. Catastrophic injury cases typically involve higher compensation to account for the profound impact on the victim's life, and necessitate qualified Houston catastrophic injury lawyers.

How insurance adjusters minimize head injuries — and how we fight back

Insurance companies have sophisticated playbooks specifically designed to devalue TBI claims. We know exactly how adjusters are trained to minimize brain injury claims because our team used to work for the insurance companies. 

Here's how they try to get you:

With insider knowledge guiding our strategy, we anticipate these tactics and counter them at every turn. We build cases that can withstand the insurance company's attacks because we know exactly what attacks are coming.

Common causes of traumatic head injuries

Traumatic brain injuries can happen in countless ways, but certain types of accidents are particularly likely to cause serious head trauma. At Thiessen Law Firm, we can help with TBI claims arising from a wide variety of incidents. The most common causes we encounter include:

• Motor vehicle collisions. The violent forces involved in car, truck, and motorcycle crashes frequently cause TBIs, even when victims are wearing seatbelts. The brain can slam against the inside of the skull during rapid acceleration and deceleration.
• Commercial truck accidents. When an 80,000-pound semi-truck collides with a passenger vehicle, the results are often catastrophic. Trucking companies carry large insurance policies, but they also have aggressive legal teams.
• Rideshare accidents. If you're injured as a passenger or by a rideshare driver, a Houston Uber accident lawyer can help you navigate the complex insurance issues between the rideshare company, the driver's personal insurance, and other involved parties.
• Slip and fall accidents. Falls are the leading cause of TBI, particularly among older adults. Property owners who fail to maintain safe premises can be held liable.
• Workplace accidents. Falls from heights, being struck by falling objects, and industrial accidents frequently cause brain injuries. These cases may involve workers' compensation claims as well as third-party liability.
• Assaults and violent crimes. Victims of violence may have civil claims against the perpetrators and, in some cases, against property owners who failed to provide adequate security.

Why brain injury victims need trial lawyers for defense

Here's something most personal injury firms won't tell you: the vast majority of cases settle before trial. That's true. But here's what that statistic doesn't reveal — the settlements you get often depend largely on whether the insurance company believes your attorney will actually take the case to trial if necessary.

Insurance companies track attorney outcomes. They know which lawyers have never seen the inside of a courtroom and which ones have trial experience and the verdicts to prove it. When they see a lawyer who settles every case, they offer bottom-dollar settlements because they know there's no real threat. When they see Thiessen Law Firm on a case file, they know they're dealing with attorneys who have won countless cases at trial and aren't afraid of a fight.

This isn't about ego — it's about leverage. Our willingness to go to trial translates directly into better outcomes for our clients, whether through settlement or verdict. Brain injury cases in particular require attorneys who can present complex medical evidence to a jury in a compelling, understandable way. That takes trial experience that many talented personal injury lawyers simply don't have.

Calculating full compensation: medical bills, lost wages, pain and suffering

Insurance companies love to focus on your current medical bills and quickly close claims. But brain injuries often have lifelong consequences that require comprehensive compensation. At Thiessen Law Firm, we fight for every dollar you're entitled to, including all of the following categories of damages:

We work with economists, life care planners, and vocational experts to calculate the true cost of your brain injury over your lifetime. Insurance companies may offer quick settlements, but those offers rarely account for the long-term reality of living with a TBI.

Do TBIs often lead to wrongful death claims?

Tragically, yes. Severe traumatic brain injuries can be fatal, either at the time of the accident or in the days, weeks, or months that follow. Some TBI victims survive the initial injury only to succumb to complications like infections, seizures, or swelling of the brain. Others may survive but face such a diminished quality of life that families must eventually make the heartbreaking decision to discontinue life support.

When a brain injury results in death, the victim's family may have grounds for a wrongful death claim against the responsible parties. These cases allow surviving family members to seek compensation for funeral and burial expenses, loss of the deceased's income and financial support, loss of companionship, guidance, and emotional support, and the mental anguish and grief suffered by the family.

We understand that no amount of money can replace a lost loved one. But holding negligent parties accountable serves an important purpose: it provides some financial security for grieving families and sends a message that reckless behavior has consequences.

TBI or catastrophic injury? The Houston brain injury lawyers at Thiessen are ready to fight giants. 

Thiessen Law Firm built our reputation fighting for justice against powerful opponents. Now, our We Fight Giants personal injury division brings that same aggressive, never-back-down approach to fighting insurance companies and corporations on behalf of brain injury victims.

When you've suffered a traumatic brain injury, you're not just facing medical challenges — you're facing an army of adjusters, defense lawyers, and corporate executives whose jobs depend on paying you as little as possible. You need Houston traumatic brain injury lawyers who have the expertise to handle complex brain injury claims, the resources to build bulletproof cases, and the courtroom skills to win at trial if that's what it takes.

Looking for a personal injury lawyer in Houston? Hire one who fights giants. Call Thiessen Law Firm at (713) 864-9000 or contact us online today. We're available 24/7, and we don't get paid unless we win your case.