A traumatic brain injury (TBI) can lead to serious, long-term health issues that affect every part of a person’s life. When someone else’s negligence causes a TBI, our New Orleans traumatic brain injury lawyers are here to help you pursue compensation through a personal injury claim or lawsuit.
As New Orleans personal injury lawyers, we represent individuals who have suffered brain injuries in car accidents, falls, workplace incidents, and other traumatic events. We work to recover damages for medical treatment, lost wages, and the long-term impact of these injuries on your daily life.
With more than 350 years of combined experience, our team at Laborde Earles is committed to standing up for injured clients across Louisiana.
Understanding the Different Types of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) vary widely in type and severity, and each presents its own set of medical and legal challenges. Our New Orleans traumatic brain injury lawyers have seen how even a seemingly mild head injury can lead to lasting physical, cognitive, and emotional effects.
Here are a few different brain injury types:
- Concussions: A concussion is the most common form of TBI. It occurs when a jolt or impact causes the brain to shift inside the skull. While often labeled “mild,” concussions can still result in serious symptoms such as loss of consciousness, dizziness, memory issues, and changes in mood or behavior.
- Contusions: A brain contusion is a bruise on the brain tissue, typically caused by a direct blow to the head. In severe cases, these injuries may require surgical intervention to reduce swelling or remove blood clots.
- Diffuse axonal injuries: These occur when the brain moves rapidly within the skull, causing damage to nerve fibers. Often seen in high-speed collisions, diffuse axonal injuries can lead to coma or permanent neurological damage.
- Penetrating injuries: Penetrating TBIs involve an object breaking through the skull and damaging the brain. These are severe, life-threatening injuries that require emergency care and ongoing treatment.
- Anoxic brain injuries: Though not always caused by trauma, anoxic injuries—resulting from oxygen deprivation—can mirror the long-term effects of other TBIs. They often occur in situations like near-drownings or serious medical complications.
A traumatic brain injury attorney in New Orleans can help identify the nature and extent of your injury, working with medical experts to build a strong case for financial recovery.
TBI Complications Can Include Developing Mental Health Disorders
Traumatic brain trauma can result in a wide range of physical, cognitive, and emotional complications—some of which may last for months, years, or even a lifetime. According to the Mayo Clinic, common complications may include:
- Ongoing physical conditions: Examples include chronic headaches, vertigo, and seizures.
- Nerve damage: This can cause facial muscle weakness or paralysis.
- Sensory impairment: Many individuals report changes in vision, hearing, smell, or taste.
- Increased risk of degenerative brain disease: Some may face a higher likelihood of developing conditions like Alzheimer’s or Parkinson’s.
- Cognitive difficulties: These can involve memory loss, poor concentration, and trouble with decision-making or multitasking.
- Communication challenges: Some people struggle to express themselves clearly or understand others.
- Mental health concerns: Feelings of anxiety, depression, irritability, or mood swings are not uncommon.
These symptoms can disrupt every aspect of daily life. When long-term complications stem from another party’s negligence, our experienced attorneys can help brain injury victims pursue financial support to cover the cost of medical expenses, lost income, and reduced quality of life.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientTraumatic Brain Injuries Can Happen in a Variety of Situations
The effects of a TBI can be far-reaching, and the cost of treatment, therapy, and lost income often reflects the severity of the trauma. These cases can arise from a wide range of incidents, including:
- Car accidents: Collisions are one of the leading causes of head trauma, especially when high speeds or lack of seatbelt use are involved.
- Truck accidents: Commercial vehicle crashes often result in more severe outcomes due to the size and weight of the vehicles involved.
- Motorcycle accidents: Riders are especially vulnerable to head impact, even when wearing helmets.
- Boating accidents: Falls, collisions, or being thrown from a vessel can all cause head trauma.
- Slip, trip, and fall accidents: Falls are a common cause of brain trauma, especially among older adults.
- Assault and violent acts: Physical altercations or attacks can cause direct trauma to the head.
- Pedestrian accidents: Being struck by a vehicle often leads to serious head-related complications.
- Sports-related incidents: High-impact sports can result in concussions or repeated trauma over time.
If someone else’s actions caused the incident that led to your severe injuries, we’re here to help. During your free initial consultation, we’ll review the details of your case, identify the at-fault party, and calculate the value of your losses to make a plan for financial compensation. Our team is committed to helping you move forward with confidence and clarity.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDamages You Can Claim for a TBI in a Personal Injury Case
Brain trauma often results in steep medical expenses, ongoing rehabilitation, and significant disruptions to daily life. When we take on your case, our team will work to identify the full scope of your damages—both economic and non-economic—and assign appropriate monetary values to each.
To support your claim, we may collect evidence such as medical records, billing statements, employment documents, and written accounts from you and your loved ones. This documentation helps us demonstrate how the incident has affected your ability to work, care for yourself, and enjoy life as you did before.
Our goal is to build a comprehensive case that reflects both your financial losses and the emotional and physical toll this experience has taken on you.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientCompensation for Current and Future Losses
After a serious head trauma, the financial impact often goes far beyond the initial medical bills. Depending on the severity of your condition and how it affects your daily life, you may be eligible to recover a range of damages. We work with medical experts, economists, and vocational specialists to fully assess your current and future needs.
The types of compensation you may be able to pursue include:
- Costs of medical care: These damages may cover everything from emergency treatment to rehabilitation, prescription medications, mobility aids, and transportation to and from appointments.
- Loss of income: If you missed work due to your recovery, you may be entitled to recover the wages you were unable to earn.
- Reduced earning capacity: When trauma affects your ability to return to your previous job or forces you into lower-paying work, this loss can be factored into your claim.
- Disability: Long-term or permanent physical and cognitive impairments may qualify as compensable disabilities.
- Mental anguish: Psychological effects such as anxiety, depression, or emotional distress can be included in your claim.
- Pain and suffering: This refers to the physical pain and discomfort you’ve experienced during and after the event.
- Wrongful death: If a loved one passed away due to a brain-related complication, certain family members may be able to seek compensation through a wrongful death action.
These are not the only forms of compensation that may apply. In a free consultation, we can review the details of your case and explain what types of damages may be available. With over 350 years of combined experience, our team understands how to document both economic and non-economic losses to support your claim.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWe Handle Insurance Negotiations So You Can Focus on Recovery
After a TBI, you may be dealing with major life changes, financial strain, and uncertainty about the future. During this time, you shouldn’t have to manage phone calls from insurance adjusters or gather legal documentation on your own. That’s where we come in.
When you work with our team, we take on the legal and administrative responsibilities of your case. This includes handling negotiations with the opposing party and their insurance company. Our support may involve:
- Managing all communications: We speak directly with insurance representatives and opposing counsel, so you don’t have to.
- Filing all paperwork: From claims to court filings, we ensure everything is submitted accurately and on time.
- Investigating the incident: We collect evidence to establish liability and support your case.
- Documenting the extent of harm: We work to understand the full impact on your health, finances, and daily life.
- Negotiating a settlement: Our attorneys handle discussions with insurers and push for a resolution that reflects the value of your losses.
- Taking your case to trial: If necessary, we’re prepared to represent you in court to fight for fair compensation.
Throughout the process, we’ll keep you updated, answer your questions, and guide you through each decision. Our goal is to lift the legal burden off your shoulders, giving you space to focus on healing and supporting your family.
Establishing Who Was at Fault in Your Case
To recover compensation, we must show that another party’s negligence directly caused the trauma and resulting losses. Our role is to investigate the circumstances of the incident, review the available evidence, and determine whether your case meets the legal criteria for negligence under Louisiana law.
To prove negligence, we must demonstrate:
- Duty of care: The responsible party had a legal obligation to act with reasonable care.
- Breach of duty: They failed to meet that obligation through action or inaction.
- Causation: Their breach directly led to the incident that caused your condition.
- Damages: You suffered losses—financial, physical, or emotional—as a result.
We gather evidence such as accident scene photos, surveillance footage, medical records, police reports, and eyewitness accounts to support these elements and build a strong case on your behalf.
When More Than One Party May Be Liable
In some cases, more than one person, business, or entity may share responsibility. For example, a multi-vehicle collision or a construction site accident could involve multiple parties whose actions or negligence contributed to the incident.
Parties who may be held liable include:
- Drivers of other vehicles: Especially in multi-car crashes or reckless driving situations
- Construction companies: When unsafe conditions or lack of safety measures are involved
- Product manufacturers: If a defective vehicle part or safety device played a role
- Government agencies: For roadway defects or poorly maintained infrastructure
- Individuals engaging in reckless behavior: Such as aggressive driving or unsafe conduct
- Medical professionals: In cases where misdiagnosis or negligent care worsened your condition
- Coaches or supervisors: If proper precautions weren’t taken during training or sports activity
Every case is different. Our team will identify every potentially liable party and gather the evidence needed to hold them accountable. That way, we can pursue the full compensation you deserve—no matter how complex the situation may be.
Louisiana’s Deadline for Filing a Lawsuit
As of July 1, 2024, the personal injury statute of limitations in Louisiana allows two years from the date of an incident to file a personal injury lawsuit. This updated deadline gives injury victims more time to pursue legal action for damages related to accidents and trauma.
Wrongful death claims still follow a one-year statute of limitations from the date of death. It’s important to understand which timeline applies to your case, as different rules may affect claims involving minors or situations where harm was not immediately discoverable.
Missing the applicable deadline could mean losing your right to seek compensation entirely. When we handle your case, we make sure everything is filed on time—so you can focus on your recovery without worrying about procedural delays.
Let Laborde Earles Be Your New Orleans Traumatic Brain Injury Lawyer
At Laborde Earles, we understand the challenges you may face after a traumatic brain injury. From medical care to financial uncertainty, the recovery process can be overwhelming. We’re here to listen, offer guidance, and help you take the next step forward.
Our firm operates on a contingency fee basis, meaning you won’t pay any upfront costs. We only collect a fee if we recover compensation for you. If your case doesn’t result in a financial award, you don’t owe us attorney’s fees.
To get started, contact us for a free consultation. We’re ready to help you pursue the justice and support you deserve.