It is important to note that the rules of modified comparative negligence apply to traumatic brain injury cases just as they do to any other personal injury case in Texas. While a person who is partially at fault for their TBI is still permitted to file a lawsuit, once a jury decides that plaintiff’s percentage of fault, that percentage would be applied against their final damage award.
Furthermore, a person who suffers a TBI in Allen, Texas generally has only two years to file their case against the negligent party that caused them injury.