Serious injuries and loss
Dallas brain injury lawyer.
A brain injury often does not look like much at first. The CT scan is clear, you go home, and weeks later you are losing words, forgetting appointments and snapping at your kids. Insurance companies count on that gap. We help you get the right testing, gather what your family has noticed, and connect the change in your life to the crash or fall that caused it.
Right now
If you hit your head or feel different.
- 01
Get checked, and go back if it gets worse
Go to the ER or your doctor and say you hit your head or were shaken hard. Go back right away for a worsening headache, vomiting, confusion, slurred speech or unusual sleepiness.
- 02
Tell every doctor every symptom
Headaches, light or noise sensitivity, dizziness, memory gaps, trouble focusing, mood changes, poor sleep. If it is not in the chart, the insurer will say it did not happen.
- 03
Ask family to write down what they see
People with a brain injury often do not notice their own changes. A spouse, parent or coworker's notes, with dates, are some of the strongest evidence in these cases.
- 04
Do not give a recorded statement
A brain injury can make it hard to recall details. An adjuster can use a confused answer against you. You do not have to talk to them.
- 05
Call us before you sign anything
Symptoms can take weeks to show their full shape. A quick settlement can close the claim before you know what you are dealing with. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- Generally 2 years from the injurySource: Tex. Civ. Prac. & Rem. Code 16.003
- If the injured person is a child
- The child's own deadline usually does not start until age 18Source: Tex. Civ. Prac. & Rem. Code 16.001
- If the injury leaves someone unable to manage their affairs
- The deadline may be paused, but courts apply this narrowly. Do not rely on itSource: Tex. Civ. Prac. & Rem. Code 16.001
- Cap on pain and suffering
- None outside medical malpractice cases
- If you are partly at fault
- You can recover if you are 50% or less at fault, reduced by your shareSource: Tex. Civ. Prac. & Rem. Code 33.001
Texas law
What it takes to show a brain injury in Texas.
The legal rules are the ordinary injury rules: who was careless, and what it cost you. The hard part is medical. Mild and moderate brain injuries often do not show on a CT scan, so the claim is built from testing, records and the people who see you every day.
| Evidence | What it shows |
|---|---|
| ER and EMS records | Loss of consciousness, confusion, a Glasgow Coma Scale score, a gap in memory around the event. |
| MRI and other imaging | Small bleeds or injuries a CT can miss. A clear scan does not rule out a brain injury. |
| Neuropsychological testing | Hours of testing that measure memory, attention, processing speed and language against expected levels. |
| Family, coworker and teacher accounts | Changes in personality, temper, work and school that the injured person may not notice. |
| Work and school records | Performance before and after, write-ups, lost jobs, falling grades. |
A normal CT scan does not end the claim
A CT is designed to find bleeding that needs emergency surgery. Many concussions and mild brain injuries never show on one. The insurer will lean on the clear scan, so the other evidence matters.
Preexisting conditions do not bar a claim
If you had headaches, depression or an old concussion, the defense will blame those. The law still lets you recover for what this injury made worse. Your records from before help draw that line.
Future care and lost earning capacity
Moderate and severe injuries can mean therapy, supervision and a different kind of work for life. Those costs are part of the claim, limited for medical bills to amounts actually paid or owed.
Source: Tex. Civ. Prac. & Rem. Code 41.0105Fault is divided
The insurer may say you were not wearing a seatbelt or a helmet, or that you were partly to blame for a fall. Every percent lowers the recovery, and more than 50% ends it.
Source: Tex. Civ. Prac. & Rem. Code 33.012How we work
How we build a brain injury case.
Mr. Estrada reads the file and sets the strategy. Our team works the case with him, and we keep the family in the loop, because they are often the ones carrying the most.
01
Preserve the event
Crash data, video, the scene, the 911 call and the EMS run sheet that records how you looked and spoke in the first minutes.
02
Get the right testing
We help you get referred to a neurologist and for neuropsychological testing when your symptoms call for it, so the injury is measured, not guessed.
03
Show the before and after
School and work records, family and coworker statements, and your own journal show how daily life changed.
04
Price the future
For serious injuries, a life care planner and an economist calculate therapy, supervision and lost earning capacity.
05
Negotiate, then file if needed
We send a demand backed by the medical evidence. If the insurer treats it like a bump on the head, we file suit and prepare for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He helped bond my brother out of jail, kept us updated and went above and beyond to get his case dismissed.”Questions families ask us.
- Who pays for testing and therapy now?
- Your PIP, your health insurance, Medicaid, or providers who agree to wait for the case. We help line this up so the testing actually happens.
- What if my family member cannot make decisions?
- Sometimes a power of attorney signed earlier is enough. When it is not, a court may need to appoint a guardian before a settlement can be approved. We explain the options.
- Can I keep working?
- Many people try and struggle. Tell us and your doctor about mistakes, slowdowns or write-ups at work. They are part of the evidence, not something to hide.
Dallas and Odessa
Where these injuries happen.
In Dallas, we see brain injuries from crashes on I-35E, I-30 and Loop 12, from falls in stores and apartment complexes, and from falls on construction sites. In the Permian Basin, oilfield work and truck crashes on I-20 and SH-191 are common causes. We work with treating doctors in both areas and meet clients at our Oak Cliff or Odessa office, or by video when travel is hard.
FAQ
Questions people ask.
Is a concussion a brain injury?
Yes. Doctors call a concussion a mild traumatic brain injury. Most people recover in weeks, but some have symptoms for months or longer, and those cases deserve to be taken seriously.
My CT scan was normal. Do I still have a case?
Possibly. A CT looks for emergencies like bleeding, not for every kind of brain injury. Your symptoms, follow-up care, testing and what your family has seen can still support a claim.
What symptoms should I watch for?
Headaches that do not go away, dizziness, trouble remembering or concentrating, sensitivity to light or noise, irritability, anxiety, depression and changes in sleep. Report each one to your doctor.
My child hit their head in a crash. What should we do?
Get them checked and follow the doctor's return-to-school and return-to-play advice. Tell the school so teachers can watch for changes. A child's own deadline usually does not start until 18, but evidence is lost much sooner.
How long does a brain injury case take?
It is usually wise to wait until doctors can say where you will end up, which can take months. Settling too early can leave future care unpaid. We give you a realistic timeline after we see the records.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Catastrophic injuries
- Car accidents
- Motorcycle accidents
- Slip and fall
- Injuries to children
- Construction accidents
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.