Houston Concussion Injury Lawyer
A concussion is a brain injury. That sentence deserves to stand alone, because too many people minimize what happened to them after a blow to the head, take the insurance settlement offered a few weeks later, and spend years dealing with symptoms nobody warned them about. A Houston concussion injury lawyer at the Law Office of Shane R. Kadlec understands the medical realities behind this diagnosis, and more importantly, understands how to build a claim that accounts for the full scope of what a traumatic brain injury does to a person’s life.
Houston’s roads, worksites, and commercial properties generate concussion injuries constantly. Rear-end collisions on the Katy Freeway, slip-and-fall incidents inside warehouses along the Ship Channel, forklift accidents in distribution centers near Beltway 8, and merchandise falling on shoppers inside big-box retailers throughout Harris County, all of these scenarios produce head injuries that range from mild concussions to complex TBI presentations with lasting cognitive consequences. The circumstances matter for liability. The symptoms matter for damages. Both require careful legal handling.
What makes concussion claims particularly difficult is the gap between how the injury looks on paper and how it actually affects someone’s daily life. Imaging scans often appear normal. Emergency rooms may release a patient within hours. Insurance adjusters point to those facts to argue the injury is minor. An attorney who handles these cases knows how to close that gap with the right medical evidence, expert testimony, and documentation that captures what scans cannot.
How Concussion and TBI Claims Actually Get Built in Texas
Texas personal injury law allows injured victims to pursue compensation from any party whose negligence caused the harm. In a concussion case, proving negligence follows the same four-part framework that governs all personal injury claims: the defendant owed a duty of care, they breached that duty, the breach caused the injury, and the injury produced compensable damages. Where concussion cases get complicated is on the causation and damages side of that equation.
Insurance companies routinely argue that a concussion was pre-existing, that it was mild and has resolved, or that the claimed cognitive and emotional symptoms are unrelated to the accident. These arguments are not made in good faith because the science supports them. They are made because they reduce the settlement value. Countering them requires neuropsychological evaluations, records showing symptom continuity, treating physician statements, and in many cases expert witnesses who can explain to a jury or an adjuster exactly why a normal MRI does not rule out a clinically significant concussion.
Texas also applies a modified comparative fault rule. If an injured person is found to be partially responsible for the incident that caused their concussion, their recovery is reduced by their percentage of fault. They are barred from recovering at all if their fault exceeds 50 percent. This is why the investigation phase of a concussion case is never routine. Every detail about how the incident occurred, who controlled the environment, and what warnings or safeguards were in place can affect the final outcome.
Common Scenarios Behind Concussion Injury Claims in Houston
- Rear-end and high-speed collisions: The sudden deceleration force in a rear-end crash can cause the brain to strike the inside of the skull even when the head never makes contact with anything inside the vehicle. Harris County highways, including I-10, I-45, and the 610 Loop, see high volumes of these collisions each year.
- 18-wheeler and commercial vehicle crashes: The mass differential between a semi-truck and a passenger car means that even low-speed commercial vehicle impacts can produce significant head trauma. Federal motor carrier regulations may open up additional liable parties, including trucking companies and cargo loaders.
- Premises liability incidents: Falling merchandise, wet floors without warning signs, and uneven walking surfaces inside Houston-area retail stores, warehouses, and parking structures are a consistent source of concussion injuries. Property owners have a legal duty to maintain reasonably safe conditions for visitors.
- Construction and industrial accidents: Houston’s energy, construction, and petrochemical industries put workers at risk of head injuries from falling objects, equipment malfunctions, and falls from elevation. Depending on the circumstances, a third-party claim outside the workers’ compensation system may be available.
- Pedestrian and bicycle accidents: Cyclists and pedestrians hit by vehicles in Houston neighborhoods like Midtown, Montrose, and the Heights face disproportionate head injury risk because there is nothing between them and the impact. Helmet use affects symptom severity but does not eliminate brain injury risk.
- Slip, trip, and fall incidents: Falls in restaurants, grocery stores, apartment complexes, and office buildings throughout the Houston metro area are a frequent cause of concussions, particularly for older adults where the consequences can be more severe and recovery longer.
- Assault and negligent security cases: When a concussion results from an attack on property where inadequate security measures allowed foreseeable violence to occur, the property owner may bear civil liability alongside the assailant.
What to Do After a Head Injury in Houston
The single most important thing after any blow to the head is to get evaluated by a medical professional who is specifically looking for brain injury signs, not just visible wounds. Emergency departments at Houston Methodist, Memorial Hermann, and Texas Medical Center facilities are equipped to assess acute head trauma. Even if the initial evaluation seems unremarkable, follow up with a neurologist or concussion specialist if symptoms continue. Persistent headaches, light sensitivity, memory gaps, trouble concentrating, sleep disruption, irritability, or depression in the weeks following a head injury are all documented concussion symptoms that warrant further evaluation. Document every symptom, every medical visit, and every way the injury has affected your work and home life from the first day.
Do not give a recorded statement to any insurance company, including your own, before speaking with a concussion injury attorney in Houston. Insurance adjusters are trained to ask questions that elicit minimizing answers in the days immediately after an injury, when symptoms may not yet have fully developed. Statements about feeling “okay” or “not that bad” made in that early window are routinely used against claimants months later when the full picture becomes clear.
Texas has a two-year statute of limitations for most personal injury claims, measured from the date of the incident. Missing that deadline ends the right to recover compensation entirely, regardless of how strong the case would have been. For cases involving government entities, such as a collision with a city vehicle or an injury on public property, notice requirements can be significantly shorter. This is why early legal consultation matters even when a victim is still in the thick of medical treatment and not thinking about litigation.
Civil courts in Harris County handle personal injury cases through the Harris County District Courts, located in the Harris County Civil Courthouse at 201 Caroline Street in downtown Houston. Understanding the local court environment, including typical timelines, judicial temperaments, and jury pool characteristics, is part of what a Houston-based concussion attorney brings to case strategy that an out-of-market firm cannot replicate.
Why Shane R. Kadlec Handles These Cases Differently
The Law Office of Shane R. Kadlec has been advocating for injured Houston-area clients since 1996. Attorney Shane Kadlec earned board certification in personal injury trial law from the Texas Board of Legal Specialization in 2003 and has maintained that certification through subsequent review cycles. Board certification in this practice area requires a minimum of five years of legal experience concentrated substantially in personal injury litigation, peer review by other practicing attorneys, significant trial experience, and passing a comprehensive written examination. Fewer than 10 percent of Texas attorneys undertake this process in any practice area.
That credential is not a marketing label. It is a credential issued by the Texas Board of Legal Specialization and endorsed by the State Bar of Texas that reflects a demonstrable and verified level of competence. For a concussion victim choosing a Houston brain injury attorney to handle a case that may involve complex medical evidence and aggressive insurance opposition, that distinction is meaningful. The firm’s case results reflect this depth. A past client whose TBI, PTSD, and depression stemmed from an 18-wheeler collision recovered a six-figure settlement. A client whose concussion and disc herniations resulted from falling merchandise at a national retail chain recovered $100,000 in a premises liability case. These are real outcomes achieved for real clients, not projections.
The firm works on a contingency fee basis, which means there is no upfront cost to retain representation. Attorney fees are paid only from the recovery at the conclusion of the case. This structure means that cost is not a barrier to accessing board-certified representation, which matters when the opposing party has insurance defense resources backing them.
Questions Houston Concussion Injury Victims Ask
How do I know if I have a compensable concussion injury claim?
A compensable claim requires showing that someone else’s negligence caused the incident that produced your head injury and that you suffered actual damages as a result. If a driver rear-ended your vehicle, if a property owner failed to maintain safe conditions, or if an employer’s safety failures led to an on-the-job head injury, those are the kinds of facts that support a claim. The severity of the concussion affects the damages calculation but does not determine whether a claim exists. A consultation with a Houston concussion injury lawyer can assess the specific facts of your situation.
My MRI came back normal. Does that mean I cannot recover anything?
No. Concussions frequently do not show up on standard MRI or CT imaging. A normal scan does not mean no injury occurred. Neuropsychological testing, clinical evaluations, and documented symptom history are all forms of evidence that establish a brain injury independent of imaging results. Insurance companies use normal scans to minimize claims, but that argument does not hold up against properly assembled medical evidence.
How long do concussion symptoms last, and how does that affect my claim?
Most concussion symptoms resolve within weeks to a few months. Post-concussion syndrome, where symptoms persist beyond that window, affects a significant subset of patients and can involve chronic headaches, cognitive difficulties, emotional dysregulation, and sleep problems that last for years. The duration and persistence of symptoms directly affect the damages available in your claim, particularly for lost wages, ongoing medical costs, and pain and suffering.
The other driver’s insurance company already offered me a settlement. Should I take it?
Not before having an attorney review it. Early settlement offers are typically made before the full extent of a concussion’s consequences is understood, and accepting one releases all future claims. If your symptoms persist or worsen after settlement, you have no further recourse. An attorney can assess whether the offer reflects the actual value of your claim.
What compensation can I recover in a Houston concussion injury case?
Recoverable damages typically include past and future medical expenses, lost earnings, reduced earning capacity if the injury affects your long-term ability to work, and non-economic damages including pain, suffering, and loss of enjoyment of life. In cases where the defendant’s conduct was particularly egregious, exemplary damages may be available under Texas law, though these are subject to specific legal standards.
Can I bring a concussion claim if the injury happened at work?
It depends on the circumstances. If your employer is a Texas workers’ compensation subscriber, a workers’ comp claim may be the primary avenue for recovery, but it is not always the only one. If a third party, such as a subcontractor, equipment manufacturer, or another driver, caused the incident, a separate personal injury claim against that party may be available alongside or independent of a workers’ comp claim. These cases require careful analysis to identify all available recovery paths.
How do pre-existing conditions affect my concussion claim in Texas?
Texas law applies the “eggshell plaintiff” doctrine, which means a defendant takes the victim as they find them. If a pre-existing condition made you more vulnerable to concussion injury or more severely affected by it, the defendant is still responsible for the full harm caused. However, defense attorneys and insurance companies will attempt to attribute symptoms to pre-existing conditions rather than the new injury. Medical records showing the baseline before the incident and the change afterward are critical.
What if I was a passenger in the vehicle that caused the accident?
Passengers generally have the broadest recovery options because they bear no fault for the collision itself. You may be able to bring a claim against the driver of the vehicle you were in, the driver of another involved vehicle, or both, depending on the facts. Relationships with the at-fault driver, including family members, do not typically preclude a claim, though they can complicate settlement dynamics.
How long do concussion cases in Harris County typically take to resolve?
It varies significantly. Cases that settle during insurance negotiations can resolve in months. Cases that require filing suit and going through discovery in Harris County District Court typically take one to two years or longer, depending on court scheduling, the complexity of the medical evidence, and whether the parties reach a negotiated resolution before trial. Rushing a resolution before symptoms have stabilized is one of the most common and costly mistakes in concussion cases.
Does it matter which doctor I see after a concussion for purposes of my legal claim?
Yes. Medical records are the foundation of a personal injury claim. Gaps in treatment, inconsistent follow-up, or documentation that does not capture the full range of symptoms can all be used by the defense to argue that the injury was less serious than claimed. Seeing specialists who are trained to assess and document concussion and post-concussion syndrome, and following their treatment recommendations consistently, produces records that accurately reflect the injury and support the claim.
Concussion Injury Representation Across Greater Houston and Harris County
The Law Office of Shane R. Kadlec serves concussion injury clients throughout Houston and the surrounding communities. Within Houston itself, the firm represents clients from neighborhoods including Midtown, Montrose, the Heights, Riverside, Pearland-adjacent areas, Galleria, Greenway Plaza, Memorial, Spring Branch, Alief, Meyerland, and Sharpstown, among many others. Beyond the city limits, the firm handles cases throughout Harris County, including clients in Pasadena, Baytown, Deer Park, La Marque corridors, Katy, Cy-Fair, Humble, Kingwood, Atascocita, Tomball, Spring, and the communities along the North Loop and Beltway 8 corridors. Clients from Fort Bend County, Montgomery County, Brazoria County, and Galveston County are also represented. Whether the injury occurred on a downtown Houston surface street, an interstate interchange in Sugar Land, or a commercial property in The Woodlands, the firm’s geographic familiarity with this region informs how investigations are conducted and how cases are positioned.
Talk to a Houston Brain Injury Attorney About Your Concussion Case
A concussion’s consequences do not always reveal themselves immediately, and the decisions made in the early weeks after an injury have lasting effects on what compensation is available. The Law Office of Shane R. Kadlec has represented Houston injury victims for decades as a board-certified Houston brain injury attorney dedicated to building cases that reflect the full medical and financial reality of what clients have experienced. A free consultation is available to evaluate the specific facts of your situation, with no obligation and no upfront costs. Call today to speak directly with an attorney about your concussion claim.