Find a brain injury lawyer in McAllen: care, proof and the Texas time limit
South Texas Health System McAllen is a Level I trauma center, as is DHR Health in Edinburg. Go if a headache worsens, you keep vomiting or someone cannot wake you. You generally have 2 years to sue in Texas, and a government claim needs notice in six months at most.
Last checked November 9, 2026 · Official sources (50)

When should I go to the ER for a head injury in McAllen?
Right away if any of these show up. Symptoms can appear hours or days later, and the person hurt may not notice the problems. Have someone stay with them.
- A headache that keeps getting worse.
- Vomiting more than once.
- You cannot wake the person.
- Anything on the list of symptoms needing immediate attention in the first 24 hours.
Nobody needs a scan to spot a concussion. So do not let a normal CT make you, or an insurer, decide that nothing happened. Damage can also develop over hours, days or weeks.
Where can I get brain injury care in the McAllen area?
| Need | Where | What it says |
|---|---|---|
| Trauma care in McAllen | South Texas Health System McAllen | ACS-verified Level I Trauma Center |
| Trauma care in Edinburg | DHR Health | Level 1 Trauma Center |
| Neurology in McAllen | Rio Grande Regional Hospital | Offers neurological services in McAllen |
| Inpatient rehab | DHR Health Rehabilitation Hospital | Treats brain injuries of all severity levels, and says it is CARF-accredited in brain injury |
| State-funded rehab help | Texas HHS Comprehensive Rehabilitation Services | For eligible people with a traumatic brain injury |
To qualify for the state program you must be at least 15 and a U.S. citizen or lawful permanent resident living in Texas, among other rules. Ask a hospital social worker to help you apply before discharge.
How do brain injuries happen in McAllen crashes?
A concussion can come from a bump, blow or jolt, so it does not take a direct hit to the head. McAllen's records show who gets hurt the most. Of 208 people in motorcycle crashes from 2018 to 2023, 23% were killed or seriously hurt.
For people walking it was 11%, and for those on bicycles 7%. In 2025 Hidalgo County had 360 suspected serious injuries in crashes. We could not find a local count of brain injuries.
How do I prove a concussion claim in McAllen?
Insurers often treat a concussion as an injury that clears up quickly. If rehab is needed, DHR Health Rehabilitation Hospital says it is CARF-accredited in brain injury care. Most people do feel better within a couple of weeks, so your records have to show what makes your case different. Mild does not mean minor, and the effects can be serious.
- See a doctor within days, and describe every symptom: memory, sleep, light, mood, work.
- Ask if MRI is right for you. It can find things CT misses.
- Ask about neuropsychological or neurocognitive tests.
- Have a spouse or coworker write down what has changed.
- Avoid another head injury, which may mean a longer recovery.
- Request records. DHR's medical records office is 956-362-3448.
Texas limits medical expense recovery to amounts actually paid or owed. A billing affidavit can show the bills were reasonable, yet it says nothing about whether the crash caused the injury. Lost earning capacity is figured after income tax. A brain injury case needs a doctor who connects the two. Ask for your scan and visit records, and for DHR Health records call 956-362-3448.
Is there more time to sue if a brain injury affected my thinking in McAllen?
Sometimes. The Texas deadline is paused for a legal disability that exists when the claim arises, such as being of unsound mind. A disability that starts later does not pause it. That is a hard question to win on, so treat 2 years as your limit. The city's online claim form is where a claim against McAllen starts.
A government claim moves faster. If a city vehicle or a city street played a part, notice is due in six months at most. We could not confirm a shorter McAllen rule, so file with Risk Management at (956) 681-1410. City damages are limited to $250,000 per person.
If an adult can no longer manage their own affairs, a family member may need a guardianship. The Hidalgo County Probate Court handles those cases at 100 N. Closner, 3rd Floor, Edinburg. Lawyers for applicants must be certified by the State Bar.
Who pays for long-term brain injury care in McAllen?
- The at-fault driver's insurer, with a Texas minimum of only $30,000 per person. Severe injuries often go far beyond it. Moderate and severe brain injury can be life-long.
- Your own uninsured motorist coverage, if you did not reject it in writing.
- Social Security Disability, if the condition has lasted or is expected to last a year, after a five-month wait.
- Hospital liens may attach to your recovery if you were admitted within 72 hours of the accident. Medicare must be repaid too. Texas HHS runs Comprehensive Rehabilitation Services for eligible people with a traumatic brain injury, but it pays only after insurance, Medicare or Medicaid.
A brain injury claim fails if a jury puts more than 50 percent of the blame on you.
Questions
How long do I have to file a brain injury claim in McAllen?
Generally 2 years. A government claim needs notice in six months at most. For the City of McAllen, the online claim form is the place to start.
Can I have a concussion with a normal scan?
Yes. Doctors can identify a concussion without a scan.
Is there state help for rehab after a brain injury?
Texas HHS runs Comprehensive Rehabilitation Services for those who qualify.
Brain injury or concussion in McAllen? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (50)
- South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
- DHR Health, Level I Trauma Center, checked 2026-11-08. “The DHR Health Level 1 Trauma Center provides the highest level of trauma care available”
- CDC, checked 2026-11-09. “Have a headache that gets worse and does not go away”
- CDC, checked 2026-11-09. “Vomit repeatedly”
- CDC, checked 2026-11-09. “Lose consciousness, look very drowsy or cannot be woken up”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- CDC, checked 2026-11-09. “People with a mild TBI or concussion need to be seen by a healthcare provider.”
- DHR Health, Rehabilitation Hospital, checked 2026-11-09. “We provide rehabilitation to individuals with brain injuries of all severity levels.”
- CDC, checked 2026-11-09. “A scan of your brain (such as a CT scan) is not needed to spot a mild TBI or concussion”
- Rio Grande Regional Hospital, Stroke & Neurosciences, checked 2026-11-09. “Rio Grande Regional Hospital brings the latest neurological technology and treatments to McAllen and surrounding communities.”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-09. “A disability that arises after a limitations period starts does not suspend the running of the period.”
- Tex. Prop. Code § 55.002, checked 2026-11-09. “For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.”
- CDC, checked 2026-11-09. “others may not appear for hours or days after the injury”
- CDC, checked 2026-11-09. “A person may not recognize or admit that they are having problems”
- NINDS, checked 2026-11-09. “especially within the first 24 hours after an injury to the head”
- NINDS, checked 2026-11-09. “Others can be secondary, meaning they can happen gradually over the course of hours, days, or weeks after injury.”
- DHR Health, Rehabilitation Hospital, checked 2026-11-09. “CARF-accredited as specialists in treating stroke, brain injury, amputation, and spinal cord injury”
- Texas HHS, Comprehensive Rehabilitation Services, checked 2026-11-09. “assists eligible people who have a traumatic brain injury (TBI), traumatic spinal cord injury (TSCI), or both, function independently in their home and community.”
- Texas HHS, Comprehensive Rehabilitation Services, checked 2026-11-09. “- Be at least 15 years of age. - Be a U.S. citizen or lawful permanent resident and a Texas resident”
- CDC, checked 2026-11-09. “A bump, blow, or jolt to the head, or”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Motorcycle 208 47 23%”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Pedestrian 380 43 11%”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Bicycle 125 9 7%”
- TxDOT, 2025 Crashes and Injuries by County, checked 2026-11-08. “Hidalgo 48 52 287 360 1,938 2,926 3,212 5,969 9,506 33,648 399 1,600 15,390”
- CDC, checked 2026-11-09. “most people with a mild TBI or concussion feel better within a couple of weeks”
- CDC, checked 2026-11-09. “Even so, the effects of a mild TBI or concussion can be serious.”
- NINDS, checked 2026-11-09. “MRI is more sensitive and can pick up more subtle brain changes that a CT scan may miss.”
- CDC, checked 2026-11-09. “These tests are called "neuropsychological" or "neurocognitive" tests”
- CDC, checked 2026-11-09. “A person with a history of multiple or repeated mild TBIs or concussions may experience a longer recovery or more severe symptoms.”
- DHR Health, Medical Records, checked 2026-11-08. “you can reach us at 956-362-3448”
- Tex. Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
- Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary”
- Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “The affidavit is not evidence of and does not support a finding of the causation element”
- Tex. Civ. Prac. & Rem. Code § 18.091, checked 2026-11-09. “must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability”
- City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “Property Damage Personal Injury”
- City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
- Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person”
- Hidalgo County, Probate Court 1, checked 2026-11-09. “establishes guardianship for incapacitated persons and minors”
- Hidalgo County, Probate Court 1, checked 2026-11-09. “Physical Address 100 N. Closner 3rd Floor Edinburg, TX 78539 Phone: (956) 318-2385”
- Hidalgo County, Guardianship Information, checked 2026-11-09. “All counsel representing applicants in Guardianship proceedings must be certified by the State Bar of Texas”
- Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
- CDC, checked 2026-11-09. “may lead to long-term or life-long health problems”
- Tex. Ins. Code § 1952.101(b)-(c), checked 2026-11-08. “unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”
- Social Security Administration, checked 2026-11-09. “has lasted or is expected to last for at least one year (12 consecutive months) or to result in death”
- Social Security Administration, checked 2026-11-09. “there is a five-month waiting period”
- CMS, checked 2026-11-09. “because it must be repaid to Medicare when a beneficiary receives a settlement, judgment, award, or other payment”
- Texas Health and Human Services, checked 2026-11-09. “Participants must first use all available personal medical benefits, such as medical insurance, Medicare or Medicaid, before they can use CRS program funding to pay for services.”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”