Championing Your Case With Integrity And Determination

Traumatic Brain Injury Attorney Fighting For Your Right To Fair Compensation

Traumatic brain injuries are among the most severe types of injuries one can receive in a truck accident. Often leading to long-lasting cognitive, physical and emotional challenges, these injuries can affect your ability to work and your overall quality of life. At Scherr Law Firm, we understand the importance of obtaining the full compensation necessary for long-term recovery and support.

Our founding attorney, Maxey Scherr, is a board-certified truck accident lawyer with a background in neuroscience and over 20 years of experience. She also serves as the Liaison for the Brain Injury Association of America on the American Association for Justice’s Traumatic Brain Injury Litigation Group. This combination of knowledge and experience makes her and the rest of our legal team highly qualified to advocate for your claim.

Understanding Traumatic Brain Injuries

A traumatic brain injury (TBI) happens when an external force disrupts the brain’s normal function. It is often a result of a blow or jolt to the head, such as those that can occur in truck accidents. Common symptoms include:

  • Headaches, migraines, dizziness or balance issues
  • Confusion or disorientation
  • Memory loss or difficulty concentrating
  • Nausea or vomiting
  • Sensitivity to light or noise
  • Mood swings or emotional changes
  • Fatigue or drowsiness

This type of injury can have life-changing consequences. TBI victims may have difficulty remembering new information or recalling past events. A severe TBI can lead to an increased risk of seizures or epilepsy. In some cases, victims may not be able to return to work due to cognitive or physical limitations.

In truck accident claims, insurance companies and at-fault parties often downplay these symptoms. Comprehensive and objective medical evaluations are crucial in proving a TBI, as well as in evaluating the full impact of the injury on one’s quality of life. Scherr Law Firm partners with leading neurologists and medical professionals to thoroughly document the injury’s consequences, making a compelling case for compensation.

Helping Traumatic Brain Injury Victims Navigate Legal Challenges

If you have suffered a traumatic brain injury from a trucking accident, you may face many challenges in pursuing a legal claim. At Scherr Law Firm, we support our clients by:

  • Proving the injury’s severity: Gathering detailed medical records from healthcare providers to demonstrate how serious the injury is
  • Securing fair compensation for long-term disabilities: Carefully evaluating your situation to estimate future medical expenses, rehabilitation costs and lost income
  • Linking the accident to the TBI: Establishing this connection through comprehensive evidence, especially if there are preexisting conditions or delayed symptoms
  • Advocating in insurance claims: Providing strong legal support to counter insurance companies that might try to minimize the impact of a TBI or claim it’s not related to the accident
  • Handling complex legal processes: Guiding you through complicating factors such as multiple liable parties and state laws on when you can file a claim

We understand that dealing with a TBI can be challenging for victims and their families. Our attorneys are dedicated to protecting your rights and fighting for the compensation needed for your recovery.

Factors That Can Affect Your Traumatic Brain Injury Claim

The time it takes to settle a traumatic brain injury claim can vary greatly due to several reasons. Severe TBIs often need significant medical treatment and rehabilitation. It’s often advisable to wait until the person has reached maximum medical improvement (MMI) before settling. This helps in accurately estimating future medical needs and expenses.

Claims involving multiple parties can take longer because of complex negotiations and decisions about who is liable. Moreover, some insurance companies might delay the process or challenge claims, which can increase the time required.

While some TBI settlements might be completed in a few months, others can take a year or more, especially if the case goes to court. Our attorneys at Scherr Law Firm can help potentially speed up the process by gathering evidence efficiently, negotiating with insurance companies and navigating legal procedures.

Are There Different Kinds Of Traumatic Brain Injuries?

Traumatic brain injuries can vary in severity. However, truck accidents often create violent forces that lead to significant head trauma. Common TBI injuries include:

  • Concussions: When the brain moves rapidly inside the skull due to sudden acceleration or impact during a truck collision
  • Contusions: From direct blows to the head from debris or vehicle intrusion, resulting in bruises on the brain tissue
  • Diffuse axonal injuries: When strong rotational forces tear nerve fibers, which is common in high‑speed crashes with large trucks
  • Penetrating injuries: When an object, such as shattered metal or broken glass, pierces the skull and enters the brain during an accident

All brain injuries require prompt medical attention to reduce the risk of complications and support an injury claim.

What Are The Possible Long-Term Effects Of A TBI?

A severe brain injury can lead to lasting physical, emotional and cognitive challenges. The effects can vary based on injury severity and access to treatment, but potential impacts include:

  • Chronic pain: Ongoing headaches, neck pain or nerve discomfort may persist long after the initial trauma.
  • Depression: Mood changes can develop as the brain heals or as individuals adjust to new limitations.
  • Anxiety: Many people experience heightened stress or difficulty managing daily pressures.
  • Cognitive effects: Memory problems, reduced concentration and slower processing can interfere with work and personal demands.
  • Physical and psychological impacts: Fatigue, sleep disturbances, irritability and sensory changes may continue for months or years.

In most cases, receiving fair compensation allows injured individuals to pursue treatment plans that support their long‑term recovery.

What Is The “Discovery Rule” In Texas-Based TBI Cases?

Texas law generally requires personal injury claims to be filed within two years, but the discovery rule may extend this deadline. It applies when an injury is not immediately apparent, which is common with TBIs that develop gradually.

The filing period begins when the victim knew or reasonably should have known that the injury existed and was caused by another’s negligence.

Can You Sue For A TBI If You Did Not Use A Seatbelt Or Helmet?

Texas allows injured individuals to pursue compensation even if they were not wearing a seatbelt or helmet. However, the state’s comparative negligence system may reduce damages if the lack of protective gear contributed to the severity of the injury. Courts evaluate the full circumstances to determine each party’s share of responsibility for accidents and injuries.

Let Our Experience Work For You: Call Us Today

Let us handle the complicated aspects of your case, so that you can focus on healing. Schedule a consultation with Scherr Law Firm today by calling 866-751-7083. You can also send us your questions and concerns here.