Concussions are among the most common types of traumatic brain injuries (TBIs). In Dallas, if you’ve suffered one because of someone else’s negligence, the legal aftermath can feel like a second injury. 

This guide breaks down how concussion injury claims work, what Texas law requires, and how to pursue fair compensation with a Dallas brain injury attorney. 

What Is a Concussion and Why It Matters Legally

A concussion is a form of traumatic brain injury that occurs when the brain collides with the inside of the skull after a significant jolt or blow to the head. While many people associate concussions with sports, they can also result from car accidents, slips and falls, workplace incidents, and other forms of negligence. 

Symptoms vary widely and can include headaches, dizziness, memory problems, mood changes, and concentration issues, among others. These symptoms don’t always appear immediately, which can complicate both diagnosis and legal claims.

In legal terms, a concussion becomes an injury claim when someone else’s actions or inaction caused the incident that led to your injury. Proving negligence is a cornerstone of pursuing compensation.

Statute of Limitations for Concussion Injury Claims in Texas

Timing is huge in concussion injury claims. In Texas, most personal injury lawsuits must be filed within two years from the date of the injury. If you miss this deadline, you can lose your right to seek damages in court, even if your case is otherwise rock solid.

Insurance companies know this rule all too well and may use delay tactics to weaken your claim. That’s why documenting your injury, medical care, and ongoing symptoms as soon as possible is mission-critical.

Steps in Filing a Concussion Injury Claim

Here’s a snapshot of what the concussion claim process usually looks like in Dallas:

1. Seek Immediate Medical Care

Your health comes first. Even if symptoms seem mild, get checked out. Medical records are also key evidence in your claim.

2. Report the Incident

Whether it’s a car accident, a fall on someone’s property, or a workplace injury, reporting the incident to the proper authorities (police, employer, property owner) establishes an official record that the event occurred.

3. Document Everything

Keep track of symptoms, doctor visits, medications, missed work, therapy, and how the concussion affects your daily life. Photos, journals, and expense records can add up to powerful proof later.

4. Notify the Responsible Parties

Tell the at-fault party’s insurance company about your injury. Be careful with what you say—recorded statements and broad medical releases can be used against you later unless you understand their full impact.

5. Negotiate or File a Lawsuit

Most claims begin with negotiation. If an insurer won’t offer fair compensation, your next step might be to file a lawsuit before the two-year deadline.

Texas uses a “modified comparative negligence” system called proportionate responsibility. This means that if you’re partly at fault for your injury, your compensation can be reduced proportionally, but if you’re found more than 50% at fault, you might be barred from recovery entirely.

Types of Compensation You Can Pursue

In concussion injury claims, the following categories of damages are commonly pursued by a Dallas brain injury attorney:

  • Medical Expenses: Past and future costs related to diagnosis and treatment.
  • Lost Wages: Money lost due to time off work or reduced earning ability.
  • Pain and Suffering: Compensation for physical discomfort and emotional distress.
  • Out-of-Pocket Expenses: Travel to appointments, medical equipment, home modifications, etc.
  • Potential Punitive Damages: In rare cases involving gross negligence, additional penalties may be awarded.

Remember, quick settlement offers from insurance companies almost always aim to pay less than what your case is worth. They factor in future costs conservatively, so full evaluation before acceptance is crucial.

Common Challenges in Concussion Injury Claims

Even when fault seems clear, concussion claims can be tricky. Common hurdles include:

  • Delayed Onset of Symptoms: Many concussion symptoms don’t show up immediately, making it harder to connect the injury to the incident without solid medical documentation.
  • Insurance Company Pushback: Adjusters often downplay head injuries because the claimant “looks fine” externally.
  • Comparative Fault Issues: If the defense can argue you were partly responsible, your compensation could shrink significantly or evaporate entirely.
  • Settling Too Soon: Signing a release too early can cut off future medical benefits you might still need.

Solid documentation and legal strategy help you avoid these pitfalls.

How Goff Law Can Assist with Your Concussion Injury Claim

If managing a concussion injury claim feels overwhelming, Goff Law offers experience and local insight that can level the playing field. Unlike faceless firms, we emphasize personal attention for each client, aiming to guide you through the confusing maze of medical records, liability issues, and insurance negotiations.

Contact us at Goff Law to schedule your consultation today.