The Law Offices of Colby Lewis

What Qualifies as a Traumatic Brain Injury?

A traumatic brain injury (TBI) is one of the most serious and misunderstood injuries a person can suffer. While many people associate TBIs with catastrophic accidents, a traumatic brain injury does not always involve a visible wound or immediate loss of consciousness. In fact, some of the most damaging brain injuries are initially dismissed as “minor” — only to cause long-term physical, cognitive, and emotional consequences later.

Understanding what legally and medically qualifies as a traumatic brain injury is critical, especially if your injury was caused by someone else’s negligence.

Medical Definition of a Traumatic Brain Injury

A traumatic brain injury occurs when an external force disrupts the normal function of the brain. This can happen due to a blow, jolt, penetration, or rapid movement that causes the brain to collide with the inside of the skull.

Medical professionals typically diagnose a TBI based on:

  • The mechanism of injury
  • Neurological symptoms
  • Imaging studies (CT scans, MRIs)
  • Neuropsychological testing
  • Changes in cognitive or behavioral functioning

Even when imaging appears “normal,” a brain injury may still exist — particularly in mild to moderate TBIs.

Types of Traumatic Brain Injuries

Mild Traumatic Brain Injury (Concussion)
A concussion is the most common type of TBI and still legally qualifies as a traumatic brain injury.

Common signs include:

  • Headache or pressure in the head
  • Dizziness or balance issues
  • Memory gaps or confusion
  • Sensitivity to light or noise
  • Mood changes or irritability

Symptoms may appear hours or days after the incident, which is why concussions are often underestimated and underreported.

Moderate Traumatic Brain Injury
Moderate TBIs involve more pronounced symptoms and often require extended medical treatment.

These injuries may include:

  • Loss of consciousness lasting minutes to hours
  • Persistent confusion or memory loss
  • Speech or coordination problems
  • Nausea or vomiting
  • Visible abnormalities on imaging scans

Moderate TBIs frequently interfere with a person’s ability to work, drive, or live independently.

Severe Traumatic Brain Injury
Severe TBIs are life-altering injuries that can result in permanent disability or death.

They often involve:

  • Prolonged unconsciousness or coma
  • Significant brain bleeding or swelling
  • Penetrating head injuries
  • Long-term cognitive impairment
  • Loss of motor function or speech

These cases typically require extensive rehabilitation, long-term care, and life-care planning.

Injuries That Commonly Qualify as a TBI

A traumatic brain injury can result from many types of accidents, including:

  • Car, truck, and motorcycle accidents
  • Slip and fall accidents
  • Workplace and construction injuries
  • Pedestrian or bicycle collisions
  • Falling objects or structural failures
  • Acts of violence or assault

If the injury involved sudden acceleration, deceleration, impact, or penetration, it may qualify as a traumatic brain injury under both medical and legal standards.

Legal Criteria for a Traumatic Brain Injury Claim

From a legal perspective, a traumatic brain injury typically qualifies for a personal injury claim when:

  • The injury was caused by another party’s negligence or wrongdoing
  • Medical evidence supports a brain injury diagnosis
  • The injury resulted in measurable damages, such as:
  • Medical expenses
  • Lost income or reduced earning capacity
  • Pain and suffering
  • Cognitive or emotional impairment
  • Long-term care needs

Brain injury cases often rely on neurologists, neuropsychologists, life-care planners, and vocational experts to fully demonstrate the injury’s impact.

Why TBIs Are Often Undervalued by Insurance Companies

Insurance companies frequently argue that:

  • The injury was “just a concussion”
  • Symptoms are exaggerated
  • Imaging does not show permanent damage
  • The injury existed before the accident

This is why traumatic brain injury cases require attorneys who understand both the medical complexity and long-term consequences of brain trauma.

How a Houston Brain Injury Attorney Can Help

At The Law Offices of Colby Lewis, traumatic brain injury cases are handled with the seriousness they deserve. Our firm works closely with medical experts to:

  • Identify subtle but life-altering brain injuries
  • Document long-term cognitive and emotional effects
  • Calculate future medical care and income losses
  • Build evidence-driven cases prepared for trial

We understand that a brain injury impacts not only the injured person, but their entire family.

If you or a loved one has suffered a head injury and are experiencing lingering symptoms, do not assume it is minor. A traumatic brain injury may qualify for compensation even if symptoms appeared days or weeks later.

Contact a Houston brain injury lawyer at The Law Offices of Colby Lewis for a free consultation to learn whether your injury qualifies as a traumatic brain injury and what legal options may be available to you.

Colby Lewis

Written By

Colby Lewis

Houston Construction Defect Lawyer – The Law Offices of Colby Lewis

Mikel Colby Lewis is a seventh-generation Texan and the founder of The Law Offices of Colby Lewis. Over a career spanning two decades, he has recovered more than $200 million for his clients, establishing himself as a premier authority in personal injury and construction defect litigation. However, his reputation for tenacity was not built in a boardroom; it was forged through years of working night shifts and navigating the legal system from the perspective of both a corporate insider and a lifelong advocate for the underdog.

11-Year Super Lawyer: Selected for inclusion in Texas Super Lawyers every year from 2016 through 2026.
Martindale-Hubbell (AV Preeminent) Rating: Colby holds the highest possible rating for legal ability and ethical standards – a distinction based on the confidential reviews of peers and judges.  
Top 100 Houston Super Lawyer: Named to this elite list for both 2025 and 2026, a distinction reserved for the top 1% of practitioners in the region.
Million Dollar Advocates Forum: A member of one of the most prestigious groups of trial lawyers in the United States, limited to those who have secured million-dollar verdicts and settlements.
Texas Bar College: An honorary society representing the top tier of attorneys dedicated to doubling the required amount of annual legal education.  

J.D. — University of Houston Law Center

Texas Lawyer Colby Lewis Can Help Resolve Your Case

Legal challenges can be complex and overwhelming, but you don’t have to face them alone. At the Law Offices of Colby Lewis, we are committed to providing diligent representation and working tirelessly to achieve a resolution that meets your needs.

Whether your case involves personal injury, construction defects, business disputes, or another matter, our team is here to advocate for you and pursue the compensation or resolution you deserve.

Contact the Law Offices of Colby Lewis today to discuss your case. Let us handle the legal complexities while you focus on moving forward—call now for a consultation!

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