A traumatic brain injury (TBI) can have profound emotional and psychological impacts that extend far beyond the physical trauma. In New Braunfels, Texas, victims of brain injuries may be entitled to compensation not only for their medical expenses and lost wages but also for their emotional suffering. This emotional liability encompasses various psychological conditions that commonly accompany TBIs, including depression, anxiety, post-traumatic stress disorder (PTSD), personality changes, and cognitive impairments that affect relationships and quality of life. Family members may also experience significant emotional distress while caring for a loved one with a TBI. When pursuing a personal injury claim, documenting both the immediate and long-term emotional impacts through medical records, psychiatric evaluations, and testimony from mental health professionals can be crucial in establishing the full scope of damages.

Legal Rights and Considerations

Under Texas law, victims have two years from the date of injury to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). Texas follows a modified comparative negligence system, meaning victims can recover damages as long as they are not more than 51% at fault for the incident. Emotional distress damages fall under "non-economic damages" and are not capped in most personal injury cases, except in medical malpractice suits. Insurance claims typically require documentation of emotional suffering through medical records and expert testimony. Compensation may include costs for psychological treatment, therapy, counseling, loss of enjoyment of life, and impact on personal relationships. It's important to note that Texas law recognizes both "direct victims" who suffer emotional distress from their own injury and, in some cases, "bystander" claims from immediate family members who witnessed the traumatic event. An experienced New Braunfels brain injury lawyer will handle all aspects of the legal claim.

Examples of accidents that can lead to a brain injury claim include:

• New Braunfels car crashes
• New Braunfels truck accidents
• New Braunfels motorcycle crashes
• New Braunfels pedestrian accidents
• New Braunfels slip and fall accidents

Related Resources

Local Courts:

• Comal County Courthouse
• New Braunfels Municipal Court
• Texas 22nd District Court

Support Services:

• Texas Brain Injury Alliance
• Hope Hospice New Braunfels
• TIRR Memorial Hermann (Regional brain injury rehabilitation center)
• Warm Springs Rehabilitation Hospital of New Braunfels

Legal and Medical Resources:

• Texas Department of Transportation - Safety Resources
• Brain Injury Association of America - Texas Division
• Texas Health and Safety Code
• Texas Department of Insurance Consumer Protection Division

Emergency Services:

• Christus Santa Rosa Hospital - New Braunfels
• Resolute Health Hospital
• New Braunfels Regional Rehabilitation Hospital

Return to the New Braunfels brain injury information page