The value of a TBI case depends on the facts of the injury, the available evidence, and the damages Texas law allows. Traumatic brain injury settlements vary widely because a mild concussion that resolves within weeks presents a very different claim than a moderate or severe TBI that permanently affects how a person thinks, communicates, works, or manages daily care.
The Winocour family has stood for justice in Texas since 1889, and we carry that legacy forward today. Our Dallas brain injury lawyers prepare every case to go before a jury. When we take your case, it’s because we believe justice is due and will fight relentlessly to get it. Below, we walk through the damages Texas law allows and the factors that shape how much a brain injury case is worth.
What Damages Can You Recover for a Traumatic Brain Injury?
Texas law groups recoverable damages into three categories. Under Chapter 41 of the Texas Civil Practice and Remedies Code, economic and non-economic damages together make up compensatory damages, which are intended to compensate you for the harm the injury caused.
- Economic damages: past and future medical care, a life-care plan, in-home or residential care, home modifications, and lost wages or earning capacity
- Non-economic damages: pain and suffering, cognitive and personality changes, mental anguish, loss of enjoyment of life, and disfigurement
- Exemplary (punitive) damages: under Texas Civil Practice and Remedies Code § 41.003, available only for fraud, malice, or gross negligence, making them the exception rather than the rule.
Note: Exemplary damages serve a different purpose: they punish the defendant rather than compensate you, and require clear and convincing evidence.
Are There Caps on Brain Injury Damages in Texas?
Texas generally does not cap compensatory damages in lawsuits against a private individual or company, so economic and non-economic damages in most TBI claims are limited by what the evidence supports.
A few exceptions matter, though, depending on who caused the injury and the type of damages sought:
- Exemplary damages are capped under § 41.008. The cap is the greater of $200,000 or two times the economic damages, plus up to $750,000 of the non-economic damages awarded. However, the cap does not apply in certain cases, including when a drunk driver causes serious bodily injury, a felony known in Texas as intoxication assault.
- Claims against government entities are limited under § 101.023 of the Texas Tort Claims Act (TTCA). Liability for bodily injury is capped at $250,000 per person and $500,000 per occurrence for the state and municipalities, and at $100,000 per person and $300,000 per occurrence for other units of local government, such as counties. Exemplary damages are not available under the TTCA.
- Medical malpractice claims carry a separate cap under § 74.301. Non-economic damages are limited to $250,000 per claimant against all physicians and individual health care providers combined, and to $250,000 per claimant for each health care institution, up to $500,000 for all institutions. Economic damages are not subject to this cap.
A Texas attorney at Winocour Law can review whether any of these caps may apply to your case during a free consultation.
How Is a TBI Settlement Value Calculated?
The types and causes of TBI vary widely and are a major driver of a case’s value, along with:
- Injury severity and permanence
- A life-care plan projecting future medical costs
- Lost earning capacity and vocational loss
- The claimant’s age and family situation
- The degree of fault, if any, assigned to the claimant
- The at-fault party’s insurance coverage and assets
- The venue where the case would be tried
- The strength of the legal representation
Fault can reduce or eliminate a recovery. Under Texas’s proportionate responsibility rules, often called modified comparative fault, a claimant found more than 50 percent responsible cannot recover, and any recovery is reduced by the claimant’s own percentage of responsibility.
Winocour Law works with life-care planners, economists, and treating specialists to document the full extent of the injury and project its long-term costs, so the value of the claim rests on evidence.
Our mission is to successfully advance your interests through persuasion and tenacity.
Don’t settle for less — let us review your case. No fees unless we win.
Why Traumatic Brain Injuries Often Command Higher-Value Claims
According to the Centers for Disease Control and Prevention (CDC), TBI is a major cause of death and disability in the United States, with more than 69,000 TBI-related deaths in 2021. While many mild TBIs resolve within weeks or months, a moderate or severe TBI can cause lifelong effects and require ongoing care, such as rehabilitation services.
$600,000 to $1.8 million
The estimated lifetime cost of medical treatment for a single severe TBI, according to research published by Cambridge University Press. The same research estimates the value of lost productivity at roughly ten times that amount.
How Permanent Brain Changes Affect Economic and Non-Economic Damages
When a brain injury causes permanent cognitive or behavioral changes, it affects both categories of compensatory damages. On the economic side, lost independence can mean years of in-home or residential care, therapy, and lost earning capacity.
On the non-economic side, changes to memory, personality, and the ability to work, drive, or live independently shape the mental anguish, physical impairment, and loss of enjoyment of life a jury may consider. Because these effects can last a lifetime, they are a key reason a brain injury claim can carry higher value than many other personal injury claims.
Lump-Sum vs. Structured Settlements
A settlement’s payment structure shapes how well it covers care that may continue for years or decades after a brain injury.
TBI settlements are generally paid in one of two ways:
- Lump-sum settlement: Pays the full amount at once, which is useful for existing bills or a home modification. That flexibility comes with responsibility, because the funds must be managed to last through years of future care.
- Structured settlement: Pays out over time through an annuity, stretching resources across decades of care with predictable payments. The tradeoff is flexibility. Once payments are structured, the schedule is generally fixed, and Texas law requires court approval before future payments can be sold to a third party under § 141.004.
A settlement can also combine both, with a lump sum for immediate needs and structured payments for long-term care.
Tax and Benefits Considerations
Under federal tax law, most compensation for a physical injury is not taxed, whether it is paid all at once or over time. Exemplary damages and interest are the exceptions, and the Internal Revenue Service generally treats them as taxable income.
A large settlement can also affect eligibility for needs-based benefits such as Medicaid or Supplemental Security Income (SSI). A special needs trust may help preserve those benefits. Because these rules depend on individual circumstances, speak with a qualified tax or financial professional before choosing how a settlement is paid.
How a Trial-Ready Firm Approaches TBI Settlements
Insurance companies evaluate a claim partly by weighing the cost of settlement against the risk of a jury verdict. That risk carries more weight when the injured person’s attorneys are prepared to take the case to trial. Winocour Law prepares every case with that possibility in mind, so any settlement offer can be weighed against a realistic assessment of how the case may fare at trial.
Countering “Mild” and Pre-Existing Condition Arguments
That preparation also matters when an insurance company or defense attorney argues that a brain injury was “mild” or caused by a pre-existing condition. A mild TBI diagnosis does not always mean a mild outcome. The National Academies of Sciences, Engineering, and Medicine notes growing recognition that mild TBI can cause long-term effects in some people.
Neuropsychological testing, treatment records, and specialist testimony can document how the injury affects daily life. When a prior condition is at issue, medical records from before and after the injury help distinguish the effects of the new injury from what existed before.
Brain Injuries in Catastrophic Injury and Wrongful Death Claims
A brain injury can be one part of a larger claim. Winocour Law brings the same trial preparation to our catastrophic injury practice, including truck accident cases, and to wrongful death claims when a brain injury proves fatal.
Frequently Asked Questions
How much is the average TBI settlement?
There isn’t a single average. A mild concussion and a severe, life-altering injury are valued very differently. A reliable estimate can only come after a review of the medical records and the facts of the accident.
How long do I have to file a brain injury lawsuit in Texas?
In most cases, Texas allows two years from the date of the injury to file a personal injury lawsuit under § 16.003 of the Civil Practice and Remedies Code. Some exceptions can extend or shorten that deadline.
Are brain injury settlements taxable?
Under federal law, compensatory damages for a physical injury are generally not taxed, as explained by the Internal Revenue Service. Exemplary (punitive) damages and interest, by contrast, are generally taxable. A tax professional can walk through your specific settlement.
Can I still recover compensation if I was partly at fault?
Yes, as long as you are found 50 percent or less responsible. Under Texas’s proportionate responsibility rules, your recovery is reduced by your percentage of fault, and a claimant found more than 50 percent responsible cannot recover.
How long does it take to settle a TBI case?
It depends on the injury and the facts of the case. A brain injury claim is often not ready for valuation until the medical picture is clear enough to project future care needs. Disputes over liability, the extent of the injury, or available insurance can also extend the timeline.
Should I accept the insurance company’s first offer?
Not before you understand what your claim may be worth. Early offers often come before the long-term effects of a brain injury are known, and accepting a settlement generally ends your right to seek further compensation for that injury.
Does a settlement for a child’s brain injury need court approval?
Generally, yes. When an injured child’s claim is settled, a Texas court reviews the settlement to protect the child’s interests, and Chapter 142 of the Texas Property Code governs how the settlement funds are managed.
How much does it cost to hire a brain injury lawyer?
Winocour Law offers free consultations and handles brain injury cases on a contingency fee basis. No fees unless we win.
Schedule a Free Consultation Today at Winocour Law
If a brain injury has changed your life or the life of someone you love, Winocour Law is ready to help you plan for what comes next. Our trial-tested attorneys represent brain injury clients in Dallas, DFW, and across North Texas. Family members are welcome to reach out on behalf of an injured loved one. No fees unless we win.
Evidence and filing deadlines matter in a brain injury claim. Contact us today to schedule a free consultation.
Our mission is to successfully advance your interests through persuasion and tenacity.
Don’t settle for less — let us review your case. No fees unless we win.
Reviewed by
Mike C. Miller
Of Counsel · Board Certified Personal Injury Trial Lawyer
Mike C. Miller has spent more than four decades trying complex cases to verdict throughout Texas. A native of Marshall, Texas, he earned his law degree from the University of Texas School of Law in 1984 and has held Board Certification in Personal Injury Trial Law since 1989 — a distinction fewer than 3% of Texas attorneys ever achieve. His practice covers catastrophic personal injury, FELA railroad injury claims, wrongful death, and maritime law, along with commercial litigation and complex patent cases as local counsel across East Texas.
Learn more about Mike