Traumatic Brain Injury Lawyers in Austin

Austin Traumatic Brain Injury Lawyers

A traumatic brain injury can reshape your memory, your work, your relationships, and your independence, often long after the hospital says you’ve healed. Levine, Wenholz, and Smith, PLLC helps injured Texans and their families recover compensation that reflects the full, lifelong cost of a TBI.

Brain Injury Results We’ve Recovered

Every case is different and past results don’t guarantee future outcomes, but they show the kind of serious TBI claims our firm handles:

Result	Injury Type	Case Type
$7,800,000	Traumatic Brain Injury	Bad faith insurance / blown Stowers demand
$4,400,000	Traumatic Brain Injury	Pedestrian accident
$4,215,000	Traumatic Brain Injury	Child pedestrian accident
$2,150,000	Traumatic Brain Injury	Commercial vehicle accident

See more case results →

Why Brain Injury Cases Need a Different Approach

Insurance companies treat brain injuries differently than broken bones. A fracture shows up on an X-ray. A traumatic brain injury often doesn’t, even on a CT or MRI, which gives the insurer room to argue you’ve fully recovered when you haven’t. The real damage shows up later: trouble concentrating, mood changes, headaches that won’t quit, an inability to go back to the job you held for years.

Winning a TBI claim means proving an injury the other side will say isn’t there. That takes medical experts, neuropsychological testing, life-care planning, and a clear record of how your life changed. Our firm builds claims around the long-term reality of a brain injury, not just the first hospital bill, and we prepare every case as if it’s going to trial. That preparation is what gives our clients leverage, whether the case settles or goes in front of a jury.

Compensation We Help Clients Pursue

• Medical expenses – past, current, and projected future care
• Rehabilitation and ongoing care – therapy, in-home assistance, long-term support
• Lost income – wages lost now and reduced earning capacity going forward
• Pain and suffering – the physical and emotional toll of the injury
• Loss of consortium – the impact on your closest relationships
• Diminished quality of life – the activities and independence a TBI takes away

Understanding Traumatic Brain Injuries

Traumatic vs. acquired brain injuries

Brain injuries fall into two broad categories. A traumatic brain injury (TBI) results from a sudden external force, a crash, a fall, a blow to the head. An acquired brain injury (ABI) comes from an internal event such as oxygen deprivation, stroke, infection, or a medical error. Both can produce lasting disability, and both can form the basis of a claim when someone else’s negligence is responsible.

How serious is a TBI?

Serious enough to be a leading cause of injury death in the United States. According to the CDC, there were roughly 69,000 TBI-related deaths in 2021 and about 214,000 TBI-related hospitalizations in 2020, and those figures don’t count the many brain injuries treated only in emergency departments or never treated at all. Older adults and young children face the highest risk of serious outcomes. Many survivors live with effects that last months, years, or the rest of their lives.

Symptoms to take seriously

Brain injury symptoms can be obvious or easy to dismiss, and they don’t always appear right away. See a doctor immediately if you or a loved one experiences any of the following after a head impact:

• Persistent headaches
• Dizziness or loss of coordination
• Memory loss or confusion
• Mood swings or personality changes
• Depression or anxiety
• Insomnia or excessive sleepiness
• Vision problems or vertigo
• Loss of consciousness, even briefly

Prompt diagnosis matters for your health and for your claim. The sooner the injury is documented, the harder it is for an insurer to argue it isn’t real.

Common Causes of Brain Injuries in Central Texas

A traumatic brain injury can happen anywhere, but most of the cases we handle trace back to a handful of causes. When someone else’s negligence is behind one of them, you have the right to pursue compensation for what the injury has cost you.

• Car accidents – sudden impact and whiplash forces are a leading cause of TBIs, even at lower speeds.
• Truck accidents – the size and weight of a commercial vehicle make head trauma far more likely and far more severe.
• Motorcycle accidents – riders have little protection, and a brain injury is possible even with a helmet.
• Bicycle and pedestrian accidents – with no barrier between the body and the road or vehicle, head injuries are common and often serious.
• Slip-and-fall accidents – a fall on unsafe property can cause a concussion or worse, especially for children and older adults.
• Workplace incidents – falls from height, struck-by-object injuries, and equipment accidents on the job.
• Medical negligence – when a brain injury or bleed goes undiagnosed, or a patient is discharged too soon, a provider may be responsible.

Pinpointing the cause is the first step in proving who’s at fault. We investigate how the injury happened, identify every party who may share responsibility, and build the record needed to hold them accountable.

Brain Injury Resources

Go deeper on the parts of a TBI claim that matter most:

• Brain injury treatment and medical records
• What to expect during your case
• Brain injuries from toxic substances and negligence
• Brain injury lawsuit FAQs

FAQs About Brain Injury Claims

How do I know if I have a legitimate case?

If you or a loved one suffered a brain injury because of someone else’s negligence, you may have a claim. The only way to know is to tell us what happened so we can investigate. The consultation is free and there’s no obligation.

Will my case settle or go to court?

Most personal injury claims settle, but there’s no way to promise that up front. We prepare every case for trial so that if the insurer won’t offer fair value, we’re ready to put it in front of a jury. That readiness often produces a better settlement.

How long does a brain injury claim take?

It depends on the severity of the injury, how clear liability is, and whether the case settles or goes to trial. Some resolve in months; serious TBI cases can take a year or more. We don’t rush a claim at the expense of the compensation you need for long-term care. What if the insurance company contacts me?

You’re not required to give the other side’s insurer a statement, and you shouldn’t before talking to a lawyer. Adjusters are trained to get you to say things that reduce what they pay. Refer them to us.

How much does a brain injury lawyer cost?

We handle these cases on a contingency fee basis. You pay no attorney’s fees up front and owe nothing unless we recover for you. The fee is a percentage agreed on in writing before we begin.

How long do I have to file in Texas?

Texas generally gives you two years from the date of the injury to file a personal injury lawsuit, and a traumatic brain injury falls under that rule. Some situations shorten or change that window, so it’s best to talk to a lawyer early rather than risk losing the right to file.

Talk to an Austin Brain Injury Lawyer

If you or someone you love suffered a traumatic brain injury because of another person’s negligence, the call is free and there’s no obligation. We’re available 24/7 by phone, live chat, or through our online case evaluation form, and if we can’t come to you, we’ll arrange a visit or a virtual consultation anywhere in Central Texas.

Levine, Wenholz, and Smith, PLLC · 7200 N Mopac Expy #420, Austin, TX 78731