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we represent clients who have suffered from different types of injuries or accidents
Our firm is committed to holding negligent parties accountable and helping injured individuals secure the financial recovery they need for medical expenses, lost wages, and emotional distress. At Kelley Wolff Injury Attorneys, your well-being is our priority—and we fight to protect your rights every step of the way.
car accident
Even crashes that look minor from the outside can cause brain injuries that quietly reshape how you think, feel, and live. Kelley Wolff Injury Attorneys represent Austin drivers, passengers, cyclists, and pedestrians whose TBIs were dismissed as “just a concussion” by adjusters — and we know how to prove the lasting cost of that damage.
What Is a Traumatic Brain Injury?
A TBI is any disruption of normal brain function caused by a bump, blow, jolt, or penetrating injury to the head. The Centers for Disease Control and Prevention reports that motor vehicle crashes remain one of the top causes of TBI-related hospitalizations nationwide.
TBIs are generally classified into three levels:
- Mild TBI (concussion): Little or no loss of consciousness, but real cognitive, emotional, and physical effects.
- Moderate TBI: Confusion or unconsciousness lasting from minutes to hours, with measurable neurological deficits on examination.
- Severe TBI: Prolonged unconsciousness, coma, or permanent impairment requiring lifelong support.
According to the National Institute of Neurological Disorders and Stroke, even mild TBI symptoms can persist for weeks, months, or longer — something insurance carriers routinely minimize when evaluating a claim.
How Austin Car Accidents Cause TBIs
Austin’s mix of high-speed corridors and crowded surface streets creates ideal conditions for brain injuries. A sudden change in velocity — even one where your head never strikes anything — can cause the brain to collide with the inside of the skull. Crash scenarios that frequently produce TBIs in the Austin area include:
- Rear-end collisions on I-35, MoPac (Loop 1), and US-183, where whiplash forces the brain to shift violently inside the skull
- Head-on collisions on rural stretches of US-290, SH 71, and farm-to-market roads, where combined speeds create catastrophic deceleration
- T-bone crashes at busy intersections downtown, in the Domain, and along Lamar, especially when a driver’s head strikes the side window
- Rollovers, where repeated impacts produce diffuse axonal injury throughout the brain
- Crashes caused by distracted or impaired drivers, where there is no braking before impact
Airbag deployments, side curtain strikes, and unrestrained objects flying through the cabin can all contribute to brain trauma even in collisions classified as “survivable.”
Symptoms of a TBI After a Car Accident
Some TBI symptoms appear right away. Many do not. After an Austin crash, watch for the following over the days and weeks that follow:
Physical symptoms
- Persistent or worsening headache
- Nausea, vomiting, or dizziness
- Sensitivity to light or sound
- Blurred vision or ringing in the ears
- Unusual fatigue, drowsiness, or sleep disturbances
Cognitive and emotional symptoms
- Memory lapses or trouble concentrating
- Confusion or a persistent “foggy” feeling
- Mood swings, irritability, anxiety, or depression
- Trouble finding words or following conversations
The Mayo Clinic advises that anyone experiencing these symptoms after a head impact should be evaluated promptly — both for their health and to establish the medical record that will protect a future injury claim.
Long-Term Effects of a TBI
A brain injury does not end when the swelling subsides. Even a single mild TBI can produce lasting changes, and severe or repeated injuries sharply increase the risk of permanent disability. The Brain Injury Association of America describes TBI not as a single event but as the beginning of a lifelong disease process.
Long-term consequences we have seen in our clients include:
- Permanent cognitive deficits affecting work, school, and decision-making
- Personality changes that strain marriages, friendships, and family life
- Chronic headaches, sleep disorders, and post-traumatic seizures
- Increased risk of depression, anxiety, and substance use disorders
- Higher long-term risk of dementia and degenerative brain disease
For Texans living with the lasting effects of brain injury, the Texas Health and Human Services TBI program offers rehabilitation referrals, advocacy, and ongoing support resources worth knowing about.
Compensation for TBI Victims in Texas
A serious TBI is one of the highest-value claims in personal injury law — and one of the most aggressively contested by insurance carriers. At Kelley Wolff Injury Attorneys, we pursue every category of damages Texas allows. Our car accident compensation page covers the full breakdown, but TBI cases typically include:
- Past and future medical expenses — emergency care, neurology, advanced imaging, neurosurgery, rehabilitation, occupational and speech therapy, and in-home care
- Lost wages and lost earning capacity — including the gap between what you earned before the injury and what you can realistically earn going forward
- Pain and suffering, mental anguish, and loss of enjoyment of life
- Long-term care, assistive technology, and home modifications
- Loss of consortium for spouses when the injury fundamentally changes the relationship
- Wrongful death damages if a TBI proves fatal — see our wrongful death page for more
In cases involving drunk driving, hit-and-run conduct, or other gross negligence, punitive damages may also be available under Texas law.
How We Build a TBI Claim
TBI cases are won or lost on the strength of the medical and expert evidence. Our approach includes:
- Securing the APD or Texas DPS crash report, 911 audio, and any available intersection, dashcam, or business surveillance footage
- Coordinating with neurologists, neuropsychologists, vocational experts, and life-care planners to document the full scope of cognitive, emotional, and economic damage
- Ordering advanced imaging such as DTI MRI or PET scans when standard CT and MRI miss the injury
- Building a life-care plan that projects decades of future treatment, support services, and lost earnings
- Pushing back hard against insurance company tactics that frame a TBI as “just a concussion” or write it off as a pre-existing condition
Read more about the litigation process on our filing a lawsuit page, or return to the full list of car accident injury types we handle.
Texas Statute of Limitations for TBI Claims
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the crash to file a personal injury lawsuit. Different deadlines apply to minors and to claims against governmental units — for example, a City of Austin, Travis County, or Capital Metro vehicle — which can require formal written notice within months of the incident. Do not wait. TBI claims need months of medical documentation, expert review, and life-care planning before meaningful settlement negotiations can even begin.
Frequently
Asked Questions
Your Top Questions Answered After a Car Accident
Injured in a crash? Kelley Wolff Injury Attorneys is here to answer your most pressing car accident questions—from dealing with insurance to knowing when to hire a lawyer.
What if I’m partly at fault for the Austin crash?
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code § 33.001. You can still recover damages as long as you are 50% or less at fault, though your compensation is reduced by your share. If you are 51% or more at fault, you cannot recover.
How is a TBI proven in a Texas personal injury case?
We build the medical case through emergency room records, follow-up neurology visits, advanced imaging like DTI MRI, neuropsychological testing, and testimony from medical experts and life-care planners. We also gather statements from family, coworkers, and friends who can describe the cognitive and personality changes since the crash.
How long after an Austin car accident can TBI symptoms appear?
Symptoms can surface immediately or develop hours, days, or even weeks later. Adrenaline, gradual swelling, and slow intracranial bleeding can all delay recognition. If you notice headaches, memory issues, mood changes, or sensitivity to light after a crash, see a doctor right away and tell them about the accident.
Can I file a TBI claim if I never lost consciousness?
Yes. Most concussions and mild TBIs involve no loss of consciousness at all. Texas law lets you recover for any brain injury caused by another driver’s negligence, whether or not you blacked out at the scene. What matters is the medical evidence linking the crash to your symptoms.
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