Long-term support and care needs after a brain injury.
Direct answer
A brain injury claim in Texas is built on proof of four things: what caused the injury, how the person functions now, what rehabilitation they need, and whether apparent independence is safe independence. Qualified testimony and careful investigation tie those together. A diagnosis alone doesn't establish liability, damages or any particular result.
Rule or legal standard
"Catastrophic" tells you how serious the harm is. It isn't a cause of action. The lawyer still has to choose the governing claim, prove its elements and connect the event to each loss. Ordinary negligence needs duty, breach, proximate cause and damages. Premises, products, workplace, governmental and health care claims can follow different rules.
In Texas state court, expert evidence has to meet Rules 702 through 705 of the Texas Rules of Evidence, and disclosure and depositions follow the Texas Rules of Civil Procedure. A witness with strong credentials still needs a reasoned link between the source material and the conclusion in this case. [1] [2]
A claimant found more than 50 percent responsible recovers nothing under Chapter 33, and one at 50 percent or less recovers less by that share. What the client can actually collect also depends on coverage limits and which defendants are in the case. [3]
Section 16.003 generally gives two years to file a personal injury claim, and health care liability, governmental claims and workplace exclusivity follow special rules, so don't wait to talk to a lawyer. [5] [6]
Evidence required
Eight kinds of evidence usually decide a brain injury case. They're also the answer when the defense argues that normal imaging, a clear conversation or part-time work disproves lasting impairment:
- EMS records, ER notes and the family's texts from that day, for loss of consciousness, confusion, sedation and the timing of the first reliable exam. A missing note is not a normal finding.
- Original imaging files and radiology reports. Lawyers shouldn't read scans themselves, and an advanced scan proves nothing alone.
- Employment evaluations, school records and earlier treatment, to separate what changed from what was already there.
- Neuropsychological test protocols and validity measures. Sleep, pain, medication and mood all affect scores, and the evaluator should say so.
- Dated caregiver logs and occupational therapy notes. Cooking one meal is different from being safe around the stove.
- Job descriptions, accommodation records and failed attempts to work. Ask whether a coworker quietly covers the essential tasks.
- Therapy progress notes and physician recommendations, for the services that are reasonably probable and how often they're needed.
- Family and coworker observations with dates, such as a missed payment or a wrong turn on a familiar route.
Aaron’s analysis
I want the work in a serious injury case to answer a question the client and the jury actually need answered. A longer report or a more dramatic visual isn't proof.
I'm Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, which you can verify, and I've been licensed in Texas since 2002. The credential doesn't predict a verdict or replace proof of liability, causation and damages. [9]
When you compare lawyers, ask who will direct the litigation, how experts get chosen, how key evidence will be preserved and how fees, costs and settlement choices will be explained.
FAQ
Why do acute observations matter?
It's the first record of what happened to the brain, and it isn't always complete. Ask your lawyer which other record or witness can confirm it, and whether any of it could be lost soon.
What if the records about preinjury function conflict
Don't pick a side. Keep both versions and ask the source to explain. A wrong date rarely matters. A wrong assumption about cause can.
What can the client do to help with family testimony
Keep originals, follow medical advice and give your lawyer complete information. Don't edit records or leave out inconvenient facts.
Primary authorities
[1] Texas Rules of Civil Procedure. Official text
[2] Texas Rules of Evidence. Official text
[3] Texas Civil Practice and Remedies Code Chapter 33. Official text
[5] Texas Civil Practice and Remedies Code Chapter 16. Official text
[6] Texas Civil Practice and Remedies Code Chapter 74. Official text
[9] State Bar of Texas Aaron Alan Herbert. Official directory identifies license number 24036761, a November 6 2002 license date and Personal Injury Trial Law board certification. Official text
Related questions
How does this evidence fit the complete catastrophic injury case? Read the Texas Catastrophic Injury Claims pillar.
Texas Catastrophic Injury Claims and Lifetime Damages
Explore the Texas Catastrophic Injury and Damages Hub for related evidence and damages resources.
What evidence supports a Texas spinal cord injury claim and lifetime care damages?
Texas Spinal Cord Injury Claims and Lifetime Care Damages
What makes a life-care plan reliable evidence in a Texas catastrophic injury case?
Related resource forthcoming.
How do reconstructionists drones and investigators help prove a catastrophic injury case?
Related resource forthcoming.
Discuss a catastrophic injury claim
If you or a family member has suffered a serious injury, call The Law Firm of Aaron A. Herbert, P.C. at (214) 200-4878 to request a free consultation. Ask about evidence that needs prompt preservation, future care and the plan for evaluating your claim. Any representation, fee and expense terms will be addressed in a written agreement.
Practitioners may contact the firm to discuss referral or co-counsel possibilities and the specific medical, technical or trial issues involved. Begin without disclosing confidential client information until an appropriate conflict and confidentiality process is in place.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers