A traumatic brain injury (TBI) is an injury to the head that may cause a diminished or altered state of consciousness. This type of injury often results in profound disturbances to cognitive, emotional, and behavioral functioning. Furthermore, victims of severe TBIs often suffer permanent effects.
If you or a loved one suffered a TBI because of another party’s negligence, you can work with a Lafayette traumatic brain injury lawyer from Laborde Earles to file a claim or lawsuit against the liable party.
Our catastrophic injury attorneys understand the long-term physical and financial devastation victims may face, so we want to advocate for your legal interests.
Different Types of Traumatic Brain Injuries Can Result in Varying Side Effects
According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of traumatic brain injuries. Other common causes include:
- Workplace accidents
- Being struck by a falling object
- Motor vehicle accidents, especially those involving pedestrians
There are generally three traumatic brain injury levels with specific associated symptoms and potential outcomes. TBIs generally fall under these categories:
Mild Traumatic Brain Injuries or Concussions
Mild traumatic brain injuries and concussions are among the most common and overlooked types of TBI. In this case, a victim who suffers head trauma may fall into a confused state or lose consciousness for no more than 30 minutes.
Common symptoms of mild TBIs or concussions include:
- Slow thinking
- Memory loss
- Headaches
- Nausea
- Sensitivity to light
Although considered mild, these symptoms can last a year or more and could cause significant difficulties with completing work-related tasks.
Whether you feel “fine” after hitting your head, consult a physician to avoid aggravating your TBI or concussion. Untreated brain damage can be irreversible in serious cases.
Moderate Traumatic Brain Injuries
Moderate traumatic brain injuries occur when a victim’s head trauma results in a loss of consciousness lasting between 30 minutes and 24 hours. You may also experience amnesia for up to seven days.
While symptoms of moderate TBIs may be similar to mild TBIs or concussions, they often last longer or become permanent.
Severe Traumatic Brain Injuries
Severe TBIs occur when a victim’s head trauma results in permanent cognitive and physical defects, such as tremors, speech disorders, and paralysis. Other symptoms can be difficult to identify and may be easily confused with preexisting traits. These symptoms may include:
- Increased impulsivity
- Low self-esteem
- Inflexible thinking
- Poor judgment
A Lafayette traumatic brain injury lawyer from our firm knows the challenges that often lie ahead for those trying to cope with the aftermath of a TBI.
Our lawyers are knowledgeable about civil procedure, and they have access to medical experts and brain injury studies to help determine the extent of your injury and compensable damages.
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Traumatic Brain Injury Symptoms
The human brain is delicate, and even minor trauma can have significant effects. If a person receives a brain injury, they should seek medical attention quickly to ensure no swelling, internal bleeding, or pressure building up in the head.
According to Mayo Clinic, many indicators show if a person has suffered trauma to the brain. TBI victims often lose consciousness after an accident, but it may take time before other symptoms appear.
Symptoms can include mood or personality changes and loss of motor function. In severe cases, TBI can result in death.
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The Difficulty of Proving Negligence in a TBI Case
Several issues may surface when trying to prove that a brain injury exists or was another party’s fault. For example:
TBI Can Worsen Over Time If Left Untreated
People may underestimate the severity of their head trauma and choose not to seek medical attention, which can worsen underlying symptoms without realizing it.
If you suffered a TBI, you should seek medical care to prevent serious health consequences, like blood clots in the brain. Also, have a paper trail to document your accident and injury.
Symptoms May Not Be Detectable on Various Brain Scans and Tests
Certain symptoms, like cognitive dysfunctions, cannot be detected by brain scans, which can complicate your claims about the severity of your TBI.
A liable party might claim you are lying about your symptoms since you didn’t suffer serious physical brain damage. You may need to have a medical expert testify to confirm your claims.
Even Mild Traumatic Brain Injuries Can Have Life-Altering Consequences
Sometimes what starts as a mild TBI can develop into a severe form, especially if you don’t seek follow-up medical care to monitor your symptoms after an accident.
If so, the liable party might question whether your current symptoms related to the accident since the initial diagnosis was a mild TBI or concussion. To recover medical expenses and other damages, you may need to retain legal representation from a personal injury attorney who understands the extent of your injuries.
A traumatic brain injury lawyer in Lafayette, Louisiana, could have access to neurologists who can explain to the judge or jury why brain injury symptoms may not be immediately evident.
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A Traumatic Brain Injury Lawyer from Our Firm Can Build Your Case
If you live in Lafayette or a surrounding city, one of our attorneys can review the circumstances of your case and help you build an argument against the appropriate parties.
Our legal team handles personal injury cases involving traumatic brain injuries, so we can review the relevant laws that might apply to your claim. Additionally, we can go over the following:
Which Types of Accidents Qualify for TBI Lawsuits
If a person’s action or inaction causes harm to another, the offender is responsible for the value of the victim’s injury. Common scenarios that may lead to TBI lawsuits include:
- Car accidents
- Medical malpractice
- Slip and fall accidents on public or private land
- Concussions during sporting activities
If you’ve been diagnosed with a traumatic brain injury after slipping and falling on a boat, a boat accident lawyer from Lafayette can help you pursue compensation for your medical bills, lost wages, and any other challenges you endure due to your injury.
Even if this article does not list the accident you were involved in, that does not necessarily exclude you from filing a TBI claim. If your injury stems from the defending party’s negligence, you may have grounds to pursue financial compensation from them.
How We May Prove Negligence in Your Case
Individuals must exercise reasonable care to prevent harm to others. If they fail in this duty of care, they may be considered negligent. When someone’s negligent actions cause others to become injured, courts may order the defendant to pay damages to the victim.
To prove that the defendant’s negligence led to your TBI, personal injury lawyers must establish these points:
- The defendant had a duty of care to keep you safe from harm. For example, a driver has a duty of care not to operate a vehicle after drinking alcohol.
- The defendant breached their duty of care through their actions or inactions. Following our example, the defendant breached their duty once they decided to operate their vehicle while intoxicated.
- Because the defendant breached the duty, they caused an accident to occur.
- You suffered a traumatic brain injury in the accident and other damages.
Our legal team will retrieve evidence to support these claims, including video footage and expert medical testimony.
Which Damages May Be Recoverable in Your TBI Case
Because traumatic brain injuries can be severe and life-altering, victims may recover economic and non-economic damages for all losses, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Reduced earning capacity
- Permanent disability
- Emotional distress
- Property damage
- Loss of enjoyment of life
- Loss of consortium (in the case of a wrongful death lawsuit)
Additionally, family members may pursue claims against the defendant because they have lost their injured loved ones’ support and help.
The Statute of Limitations
The prescription period, or statute of limitations, sets the deadline for filing a personal injury claim. Under CC Art. 3492, the deadline is usually either one year from the accident date or the date the victim discovers their injury.
Some exceptions for injuries related to defective products or medical malpractice claims may exist. You can discuss the deadline of your case when you call our law firm for a free initial consultation.
Should you decide to work with our team, a traumatic brain injury attorney from Lafayette can take appropriate measures to file your lawsuit on time.
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Frequently Asked Questions
If you were diagnosed with a TBI, you are likely seeking answers to a series of questions to understand better what is happening. While searching for information, do not hesitate to seek expert advice from a qualified attorney.
As personal injury lawyers, we believe in helping accident victims get the answers they need. We have noticed common topics in our client’s concerns throughout our practice.
What Legal Action Can I Take If I’ve suffered a Brain Injury?
The specific circumstances of your case will determine the best course of legal action to take. Injuries caused by slip-and-fall accidents, car crashes, and other impacts usually fall under personal injury.
A traumatic brain injury lawyer in Lafayette can determine if a case warrants a separate criminal action. If the TBI is a birth injury or a disease-triggered condition, the plaintiff may file a medical malpractice claim against the at-fault party. An attorney can help you identify all liable parties, and you seek maximum compensation.
What Are the Benefits of Filing a Personal Injury Lawsuit?
You may access a substantial award based on the severity of your injuries and the impact on your life. Victims are often weighed down by medical expenses and other costs associated with rebuilding their lives. Furthermore, TBI can also impact your earning capacity and career path.
Our traumatic brain injury lawyers in Lafayette can help review your legal options for recovery and fight for fair compensation. We will always represent your best interests during negotiations with insurance companies and the legal process.
What Is the Average Settlement Payout for a Brain Injury?
Brain injuries can have severe and lasting effects on a person’s ability to work, communicate, and interact with others. While no money can make up for these losses, the settlement can help a victim obtain compensation for the physical, emotional, and financial trauma experienced.
Because each case is unique and requires professional medical evaluation, it can be difficult to determine the amount a person may receive as part of their settlement payout. After reviewing your case, a personal injury lawyer can estimate the amount you can recover.
Call Now to Start Working With a Lafayette Traumatic Brain Injury Attorney
A family member suffering TBI symptoms due to another’s negligence may be one of the most challenging things you could face. Give yourself peace of mind and a chance for justice with help from experienced attorneys familiar with your unique circumstances.
Though dealing with insurance companies or a personal injury lawsuit may seem overwhelming, you can begin to turn things around today. The Laborde Earles legal team is here to help. Discuss your case facts with a legal representative and learn what financial compensation you are entitled to pursue.
Call our law office to hire a Lafayette traumatic brain injury lawyer today.
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