JW Zepeda
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Any Brain injuries, For Example: Concussion | Traumatic Brain injury TBI | Chronic Traumatic Encephalopathy CTE

Any Brain injuries: For Example: Concussion, Traumatic Brain injury TBI, Chronic Traumatic Encephalopathy CTE

Words from the Founder:

I am a Disabled United States Marine Veteran, many of my brothers and sisters at arms have suffered brain injuries, and many have died due to such injuries. 

I know some of you out there whose pride says there is nothing you cannot handle and you can take care of it yourself; however, that gamble could cost you your life. 

Look for help if you think you have a brain injury, not only because the world needs you around but because the devastation your family would feel without you is a lasting effect and is life-changing for the ones you leave behind. 

Even the brave know when it is time to call in air support.

The brave understands when to cut their losses and fight another day to win the war.

The brave know when they need help. 

Anybody can die; it takes a brave soul to admit something is wrong and get help to live.

Whether a veteran, an athlete, or someone who just got hurt on your way to the store. If you have a brain injury, seek medical help, and contact a personal injury firm. Our firm stands ready to serve you.

Many attorneys can bring brain injury cases, but how many have sisters and brothers at arms who have been hurt by brain injuries and can use those emotions in their pursuit of victory? I do, and these experiences will be the fuel that drives this firm while we fight for justice for you.

I feel the sting of watching my brothers and sisters suffer from brain injuries, and some lose their life because of it. I take this injury seriously, and because I am a Veteran, I know Veterans who have been affected by brain injuries. Therefore this injury hits close to home with me.

This firm will fight for you as hard as I would fight for my brother and sisters at arms.

Make contact, let this firm fight for your Honor, and get you the justice you deserve.

We got your six.

We Stand Ready To Serve.

-JW Zepeda

jw zepeda law firm about

Brain injury has a time limit in which it must be brought. Act now.

The information below focuses on injuries. However, if your loved one was killed due to this type of harm, click here.

According to the Centers for Disease Control CDC, about 166 Americans die each day from TBI. https://www.cdc.gov/traumaticbraininjury/data/

According to the CDC, males were nearly twice as likely to get TBIs and three times more likely to die from them. https://www.cdc.gov/traumaticbraininjury/data/

Brain injury is not something to be taken lightly. Even concussions may require months to make a full recovery.

Brain injury can be life-changing. It can affect your mind in ways that change your personality entirely. It can be so severe that it can lead to an individual not being able to care for themselves or even hurting themselves or others.

Suppose your brain injury results from another person’s unreasonable behavior or a situation created by another person’s unreasonable behavior. In that case, the law allows you to get the justice you deserve.

personal injury law

Pursuing a Personal Injury Claim does many things:

For Example:

  • It allows much-needed finances to pay the costs associated with the injury, including medical, therapy, and equipment charges. It will enable you to support your family while you recover.
  • If you are permanently disabled, it can provide you with the means to support your family for the rest of your life.
  • It will enable setting aside money for future family expenses, schooling, and housing.
  • It helps to give you some closure and aid peace of mind.
  • And not only do you get the justice you deserve, but often you help ensure other people do not get hurt the same way.


Traumatic brain injury can have wide-ranging physical and psychological effects. Some signs or symptoms may appear at once after the traumatic event, while others may appear days or weeks later.

Mild traumatic brain injury:

Physical symptoms

    • Headache
    • Nausea or vomiting
    • Fatigue or drowsiness
    • Problems with speech
    • Dizziness or loss of balance
    • Sensory symptoms
    • Sensory problems, such as blurred vision, ringing in the ears, a bad taste in the mouth, or changes in the ability to smell
    • Sensitivity to light or sound
    • Cognitive, behavioral, or mental symptoms
    • Loss of consciousness for a few seconds to a few minutes
    • No loss of consciousness but a state of being dazed, confused, or disoriented
    • Memory or concentration problems
    • Mood changes or mood swings
    • Feeling depressed or anxious
    • Difficulty sleeping
    • Sleeping more than usual

Moderate to severe traumatic brain injuries:

Moderate to severe traumatic brain injuries can include any of the signs and symptoms of mild injury, as well as these symptoms that may appear within the first hours to days after a head injury:

Physical symptoms

    • Loss of consciousness from several minutes to hours
    • Persistent headache or headache that worsens
    • Repeated vomiting or nausea
    • Convulsions or seizures
    • Dilation of one or both pupils of the eyes
    • Clear fluids draining from the nose or ears
    • Inability to awaken from sleep
    • Weakness or numbness in fingers and toes
    • Loss of coordination
    • Cognitive or mental symptoms
    • Profound confusion
    • Agitation, combativeness, or other unusual behavior
    • Slurred speech
    • Coma and other disorders of consciousness

Children’s (brain injury) symptoms:

Infants and young children with brain injuries might be unable to communicate headaches, sensory problems, confusion, and similar symptoms. In a child with traumatic brain injury, you may see:

      • Change in eating or nursing habits
      • Unusual or easy irritability
      • Persistent crying and inability to be consoled
      • Difference in the ability to pay attention
      • Change in sleep habits
      • Seizures
      • Sad or depressed mood
      • Drowsiness
    • Loss of interest in favorite toys or activities

The above symptom chart is from the Mayo Clinic: https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557 (Information in parenthesis was added for ease of understanding)


Aside from war time and sports these injuries are primarily caused by negligence.

Negligence: Negligence is a failure to act as a prudent person would under the circumstances that causes injury or death to someone owed a duty from the wrongdoer.


Elements: Things that the plaintiff (the person suing) must prove to have a chance at winning.


Negligence Elements:


1. Duty: A duty of care was owed the injured party:


General duty of care exists anytime someone is involved in any activity that may injure another.


The duty calls for a person engaging in a potentially harmful activity to act as a prudent person would under similar circumstances.


A prudent person would take necessary precautions to protect against foreseeable injuries to another.


    Foreseeable means in the zone of danger. In other words, people who reasonably could be hurt by the activity.


The prudent person standard does not consider the wrongdoer’s characteristics to recuse them from liability except in some specific circumstances.

     For Example:


      The court will not hold a child to the same standard as an adult. A child’s standard of care is that of a child of like age, experience, and education, amongst other things.


      A professional in their field will be held to the standard of care that other reasonable professionals would practice under similar circumstances. 


2. Breach: A breach of the duty owed occurred:


Once the duty is established, the plaintiff must show that the wrongdoer (the tortfeasor) breached a duty.


Breaches of duty occur when the wrongdoer does not act as a prudent person would, to protect a foreseeable victim.


     Res Ipsa Loquitur: This means the thing speaks for itself. Res Ipsa Loquitur may be enough to satisfy the breach and causation elements.


Res Ipsa has two elements.


1. The character of the accident is such that it would only usually occur with negligence.

2. The thing causing the harm is shown to have been under the management and control of the wrongdoer. The thing causing the damage does not have to be in sole control of the wrongdoer.



3. Causation: The breach was the cause of the harm:


Causation is broken into two categories. Often, these categories are thought of as separate elements; however, they combine to prove causation.


A. Actual Causation: There are multiple tests for causation.


     But for: This is the most used test.


If you could take the wrongdoer’s action out of the situation and the harm would not have occurred, it is not the but-for cause.


     Concurrent causes: When multiple acts by multiple wrongdoers combine to harm the victim, the but-for test is still used. The test shows that, but for the various breaches, the injury would not have occurred.


When concurrent causes are found, the multiple wrongdoers will be responsible for Damages if found liable.


     Substantial factor test: This is used when many causes combine to cause the injury.


Actual causation is found here if the wrongdoer’s acts were a substantial factor in causing the harm.


       Res Ipsa Loquitur: This means the thing speaks for itself. Res Ipsa Loquitur may be enough to satisfy the breach and causation elements.


Res Ipsa has two elements.


1. The character of the accident is such that it would only usually occur with negligence.

2.  The thing causing the harm is shown to have been under the management and control of the wrongdoer. The thing causing the damage does not have to be in sole control of the wrongdoer.


B. Legal Causation: Proximate cause: This limits a wrongdoer’s liability to only foreseeable harm.


     Intervening forces: These actions occur after the wrongdoer’s negligent act that further injures the victim. The wrongdoer is liable for intervening forces that are foreseeable. For Example:


After a car accident, you are thrown from your car, and your hand gets run over by another vehicle. If the person who caused the car accident is found negligent, they are also liable for your hand.


     Super Intervening force: These acts further injure a victim after the wrongdoer’s negligent act. These acts are unforeseeable, so the original wrongdoer is not responsible for any injury caused by or after the super intervening forces. A super intervening force breaks the chain of causation. For Example:


After a car accident, you are thrown from your car, and your hand gets cut by a falling drone. Even if found negligent, the person who caused the car accident is not liable for your hand.


4. Damages: Damages that resulted from the breach:


The wrongdoer is responsible for all negligently caused Damages, even if the injuries were made worse due to a prior condition.


     Egg Shell Skull Doctrine states that wrongdoers take their victims as the wrongdoer finds them.

            For Example:


Suppose the injured person got dramatic injuries due to having a skull as sensitive as an eggshell. In that case, the wrongdoer is still responsible for the extent of all injuries.

Negligence per se: Occurs when companies or people owe duties by operation of law (this means because the law says so).

Negligence per se has two elements:

    1. A law that was meant to defend against the type of harm causing the injury and,
    2. The injured person is a member of the protected class the statute is designed to protect.

 The injury may have been a result of premise liability.


Premise liability: This is a negligence claim with a duty imposed on the owner or manager due to the classification of a particular person.


The classification is based on why or how a person is on the property.


Below are the legal duties demanded by owners or managers of real estate.


For licenses:


Licensees enter the property with the expressed or implied permission of the owner. Licensees are on the property for their benefit or business.


     One example of a licensee is a social visitor.


Suppose the owner knows of any dangers or risks a licensee is likely to encounter. Examples of hazards are loose boards or holes in the ground.


In that case, the owner must warn the licensee or make the risks safe.


The owner also owes the general duty of reasonable care in all active operations.


For invitees:


Invitees are on the property for their benefit and the owner’s benefit. Invitees are present due to an express or implied invitation from the owner.


Invitees include people entering to participate in any activity invited, including the guest or workers of those invitees.


     For example, A customer, a skilled laborer hired to do work, or somebody making deliveries.


Even those who would customarily enter the establishment, which is not there due to an invitation, are still considered invitees.


Customary entrants may include, for example, government workers or lien holders.


Invitees are due to the highest level of care.


Owners must warn or make safe ANY dangerous condition that the owner knew about or could have found with a reasonable inspection.


     For Example, A store owner would have to warn or make a long-sitting puddle of water safe on a store floor.


The duty to make safe or warn may not apply to apparent risks or dangers.


The owner also has the general duty of reasonable care in all active operations.


For trespassers:


Trespassers are those who come onto the land of another without invitation.


     Unknown trespassers: No duty is owed to a trespasser unknown to the owner.


Known “discovered” trespassers: An owner must warn or make safe any conditions made by humans known to the owner that may cause serious harm.


     Attractive Nuisance: This law puts a duty on property owners to warn or make safe anything that may attract a child of tender age to be a trespasser.


If attracted to the property, the child trespasser will not be treated as a trespasser. The child had an open invitation to be on the property in the eyes of the law.


The duty owed an individual may change:


The duty owed to a particular individual may change as their classification changes.


In other words, from invitee to trespasser.


     For Example: If a customer wanders into the back of a store, where they are not invited, they are now trespassers.


Negligence per se: Occurs when companies or people owe duties by operation of law (this means because the law says so). 


Negligence per se has two elements.


1. A law that was meant to defend against the type of harm causing the injury and,

2. The injured person is a member of the protected class the statute is designed to protect.


Inadequate security


This claim is brought due to a breach of the above duties owed to licensees, invitees, or discovered trespassers.


Inadequate security exists when an owner or manager needs to take proper measures after they know or should have known about dangerous situations.


     For Example: If you were assaulted, robbed, raped, or experienced any number of harms due to not being adequately secured by the owner or manager of the location, you might have a claim that requires justice.


Improper Security Claims involve more than not having security guards or bouncers.


Improper security may involve having an unreasonably unsafe environment that the owner should have warned of or made safe.


Even if the owner or manager took some protective measures, the owner or manager might be liable for inadequate protection or for not keeping the protective standards.


     For Example: Having security lights or cameras that are broken.


Inadequate security can occur in most places that are open to the public.

The injury may have been a result of product liability.


There are three ways products liability cases arise in Texas:


1. Manufacturing defect:


These defects occur when an item is not made following the manufacturing process and is dangerous beyond the expectation of the ordinary consumer.


These defects are not usually restricted to a single item but may involve many pieces.


It is very likely that when we bring a manufacturing defect claim, we are bringing you the justice you deserve and saving others from pain and suffering.


Company recalls on specific batch pieces are likely because an attorney filed a claim for someone like you. By filing a legal dispute, companies become aware of defects hurting people.


2. Design defect:


The design is the defect.


So even if the product was made correctly, it is unsafe due to a poor design.


These defects are not restricted to a single item. They involve all pieces made following this design.


It is very likely that when we bring a design defect claim, we are bringing you the justice you deserve and saving others from pain and suffering.


When the entire product line is recalled, not just a certain number of pieces, it is likely due to a design defect.


3. Failure to warn of defects:


Even though there are no defects, some products may still be dangerous when misused or used correctly.


When companies know or should know that a product has dangers that are not obvious if appropriately used, they must warn of the hidden dangers.


If a company knows that the product may be dangerous if misused and improper use is foreseeable, companies must warn against such use and the dangers involved.


Failure to adequately warn leads to a failure to warn of the defect.


Some uses only became foreseeable to companies once the product entered the market. It is likely that when we bring a failure to warn claim, we bring you the justice you deserve and save others from pain and suffering.


     For Example, Bowls are not all microwave-safe, so a warning against misuse is given.


There may also be warranty issues that can offer recovery under Sales Law. (Sales Law is a subset of contract law, but you can still recover for some injuries if successful).


 Express Warranties: This warranty is created by giving: Affirmations of fact, promises, descriptions, samples, or models, if any of these become “part of the basis of the bargain.”


Implied Warranty of Merchantability: This warranty occurs when the seller is a merchant who deals in goods of the kind being sold. This warranty includes used goods as well.


There are two implied promises in this warranty:


1. Goods fit for ordinary purposes.


2. Goods go without objection in trade.


Implied Warranty of Fitness for Purpose: This warranty occurs when the seller has reason to know the buyer’s particular purchasing purpose. And the buyer relied on the seller’s skill or judgment to select the goods they bought.

These claims do not only have to be brought against the wrongdoer. The claim can hold their employer liable as well.


Respondeat superior: This is a way to hold an employer or company responsible for the actions of another (“vicariously liable”). Suppose the company’s representative acted within the scope of their duties when the injury
occurred. In that case, the employer is liable too.


This rule takes an excellent legal argument because the other side will try to argue that their representative was on a “frolic.”


A frolic is a departure from the scope of their duties, and therefore the employer would not be liable.


The employer is usually the only party with the finances and sufficient insurance to bring justice to injured individuals. It is of the utmost importance not to lose this legal argument if there is a path to victory.

Damages would include any financial loss or damage to your reputation that results from the claim.


“Damages” in this context mean what you may be able to get from bringing this type of lawsuit.


General Damages (Economic Damages): These are Damages that an attorney does not need to specially plead because they are usually suffered by the type of injury sustained. A characteristic of these Damages is that they are easier to quantify because they are not subjective.


Loss of Income earning ability (known as lost wages):


The injured person would have made money through employment if not injured.


As the name suggests, these damages also apply to the loss of income-earning ability.


Suppose the injured party took a lesser-paying job due to their injuries.


The amount recoverable is the difference between wages before the injury and now.


These wages are measured from the time of the injury to the time of settlement or jury decision.


Future wages:


If the injured person could never do the same job they had before the injury, the decrease in pay will be permanent. The injured party may be entitled to the wages they would have earned in the future at the job they had before the injury.


Furthermore, this recovery is for any quantifiable decrease in the injured person’s financial situation due to employment changes.


For Example:


Commissions and bonuses.


Any change in benefits.


Promotion or raises missed due to the injury.


Medical costs:


These costs will be for past and future medical expenses.


Based on the injury, the injured will need future medical attention. Because the costs are the fault of the liable (this is the civil court equivalent of saying “guilty” in a criminal case) party, that party will be held responsible for these costs.


Special Damages (Non-Economic Damages): 


These types of injuries are hard to prove. An attorney must specially plead them because they must be more apparent to third parties.


Mental anguish (Emotional distress) (this is the mental effects that came about due to the injury):


The injured party may recover due to past and future mental anguish caused by the injury.


Though this type of injury may be the most devastating, these injuries may not always be recoverable.


The ability to recover from these injuries is very situation specific. It requires a personal injury attorney who knows the law and case law developments. A competent attorney can fight against insurance companies because insurance companies rarely want to give anything significant for mental anguish.


Pain and suffering:


These types of Damages allow recovery for the injured person for the pain and suffering that the injury caused.


Because this injury is personal, it is often hard for others to understand and believe the pain and suffering the injured person went through or is going through.


Proving the pain and suffering is a sell; either the other side will buy in and believe the injured party, or they will not.


Physical impairment (Loss of enjoyment of life):


This type of Damage may be recoverable if you had an activity you used to do and now can no longer do due to your physical limitations.


Loss of consortium:




If the injury was so severe as to affect your relationship with your spouse, YOUR SPOUSE MIGHT BE ABLE TO RECOVER under this type of Damage. This type of recovery would be from a separate claim filed by your spouse.




A CHILD COULD SUE SEPARATELY AND CLAIM THIS TYPE OF DAMAGE if their parent’s injury affected the parent’s role in the child’s life.




This type of recovery may be allowed when the injury has physically changed your body.


This type of Damage can be for past and future disfigurement.


Any other non-financial harm reasonably associated with the injuries may be recoverable.


Exemplary Damages (Punitive Damages):


To get exemplary Damages, the person looking for these Damages must prove by clear and convincing evidence that the injury is the result of either:


(1) Fraud.

Fraud: Occurs when a person misrepresents something essential to the bargain while knowing the misrepresentation is false, and the person being lied to is justified in their belief of the lie. And the lie caused Damages.


(2) Malice.

Malice: Is a specific intent to inflict substantial harm.


(3) Gross negligence.

Gross negligence: This is an act or omission, which a reasonable person in the wrongdoer’s shoes should have known of the extreme risk due to the probability of significant harm, and the wrongdoer knew of the risk and consciously disregarded the risk.


Unless these Damages are looked for under a statute that authorizes them, then clear and convincing evidence must show the matters and mental state of the statute conditions.


The jury must receive instructions on these Damages and be unanimous in their desire to award such Damages.


Clear and convincing: Proof would impart a “firm belief or conviction” if the evidence was presented to a reasonable person.

The Law Is Our Shield
The Law Is Our Shield

There are many defenses to personal injury and other tort cases, but not all will pertain to all injuries.

For Example:


Consent: The person suing allowed the harm to occur or the actions that led to the injury. The victim can give consent expressly (orally or written) or implied (by actions). Consent has other considerations that can waive the defense based on the circumstances or capacity of the victim.


Self-defense: If you reasonably believed that you were in danger and reasonably defended yourself, you may have a valid defense against civil liability. The defense will hinge on whether your belief in the defense and the force used were reasonable. Reasonableness will be decided using an objective standard.


Defense of others: If you reasonably believed that someone else was in danger and reasonably defended them, you may have a valid defense against civil liability. The defense will hinge on whether your belief in the defense and the force used were reasonable. Reasonableness will be decided using an objective standard.


Defense of your property: If you reasonably believed that your property was in danger and you reasonably defended it, you may have a valid defense against civil liability. The defense will hinge on whether your belief in the defense and the force used were reasonable. Reasonableness will be decided using an objective standard.


Defense of another’s property: If you reasonably believed another’s property was in danger and reasonably defended it, you may have a valid defense against civil liability. The defense will hinge on whether your belief in the defense and the force used were reasonable. Reasonableness will be decided using an objective standard.


Shopkeeper privilege: Business owners have a right to detain you to investigate a theft.


Comparative Negligence: Texas is a modified comparative negligent state. In Texas, you can sue for Damages only if you are not more than 50% to blame for your injuries.


Assumption of the risk: Plaintiff (the person suing) was aware of the risk and voluntarily assumed it. This defense would follow the rules of consent. This defense is no longer valid in Texas.


Absolute privilege: Certain positions allow people to act in a way that would otherwise be an actionable tort (a civil action due to harm) and not be held liable for injury caused.


Truth: Truth is a defense concerning defamation torts; the claim is not actionable if the statement is the truth.


Qualified privilege: This is like an absolute privilege but is limited in scope. In other words, it is only a protection for certain torts done for a set of particular circumstances.

How to deal with insurance companies:


People get insurance to cover harm caused to others and themselves, and we all usually have insurance.

Most of us have the impression that insurance companies are in business to help when unexpected expenses arise or tragedies happen, but that is not the purpose of insurance companies.


The purpose of insurance companies is to make money, like any other business.


So, the less money the insurance pays out, the more money they make. That is only common sense.


No matter how nice the person representing the insurance company is, or if you have already dealt with the insurance company and think they are the exception and care for their clients. The insurance company’s primary goal is to find a way not to pay your claim, with few exceptions.


Some insurance companies rely on scare tactics and threats to make you think you must settle or force you to pay out of pocket.


Follow these rules when dealing with insurance companies:


  • Contact an attorney first when you need to call an insurance company due to an injury, wrongful death, or property damage.
  •  If the insurance company calls you, tell them you have nothing to say before finding legal representation.
  • Contact an attorney and tell them that the insurance company called you.
  • Never give the insurance company any requested information or document without consulting an attorney.
  • Only accept the offer or settlement the insurance company offers after consulting an attorney.
  • Call an attorney immediately if your insurance company says you must pay out of pocket.


Calling an attorney is always possible, even if you have already talked to an insurance company.


Attorneys are legally obligated to put your interest above all else in matters involving you.


Insurance representatives who are contacting you are professional negotiators.

The above information is just part of the puzzle. A competent attorney must consider all this and more in personal injury cases.

It is said sunshine is the best disinfectant, which the law does. It shines the light on dangerous items, situations, and people.

Legal disputes are the primary way companies and individuals learn from their mistakes.

Legal disputes make the world safer for the next person while at the same time getting you the justice you deserve.

I assure you that this firm will take this type of claim personally because we treasure your justice, and we could save the next person from harm or death.

Your Justice Awaits. This Firm Will Be Your Champion And Fight For Your Family’s Honor.

We Will Get It Done.

Standing watch