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, and victims of severe TBIs often suffer permanent effects.
According to the Centers for Disease Control, falls are the leading cause of traumatic brain injuries. Other common causes include workplace accidents, being struck by a falling object, and motor vehicle accidents—especially those involving pedestrians
If you or a loved one suffers a TBI caused by the negligence of another party, it may be important for you to contact a Lafayette traumatic brain injury lawyer. A qualified catastrophic injury attorney understands the long-term physical and financial devastation a brain injury victim may face and could help you determine what your next steps should be.
Types of Traumatic Brain Injuries
There are generally three levels of traumatic brain injury, each of which carries its own associated symptoms and potential outcomes.
Mild Traumatic Brain Injury
Mild traumatic brain injury is the most common and most overlooked type of TBI. In this case, a trauma to the head often results in a confused state or a loss of consciousness of no more than 30 minutes. Common symptoms include slow thinking, memory loss, headaches, nausea, and sensitivity to light. Although considered mild, symptoms can last a year or more and could cause significant difficulties with completing work-related tasks.
Moderate Traumatic Brain Injury
Moderate traumatic brain injury is a trauma to the head that results in a loss of consciousness of 30 minutes to 24 hours. Amnesia may be experienced up to seven days. The symptoms of moderate TBI may be similar to mild TBI, but they often last longer or are permanent.
Severe Traumatic Brain Injury
Severe traumatic brain injury is a trauma to the head that often results in permanent cognitive and physical defects such as tremors, speech disorders, and paralysis. Other symptoms of severe TBI—such as impulsivity, low self-esteem, inflexible thinking, and poor judgement—can be very difficult to identify and may be easily confused with preexisting traits.
A seasoned Lafayette traumatic brain injury lawyer knows the challenges that often lie ahead for those who are trying to cope with the aftermath of a TBI. Qualified lawyers are not just knowledgeable about civil procedure, but they may also have access to medical experts and brain injury studies to help determine the extent of a client’s injury and their compensable damages.
For a free legal consultation with a traumatic brain injury lawyer serving Lafayette, call (337) 777-7777
Traumatic Brain Injury Liability in Lafayette
There are several issues that may surface when trying to prove that a brain injury exists or was the fault of another party.
One of those issues is that symptoms of TBIs have a tendency to worsen over time. Another issue is that those symptoms may not be detectable on various brain scans and tests. Most importantly, even mild traumatic brain injuries can have serious life-altering consequences for an individual.
As such, it is often extremely important for those suffering from a brain injury to retain legal help from an attorney who understands the extent of injuries that any form of TBI can cause. To that end, an experienced brain injury lawyer in Lafayette could have access to neurologists who can explain to the judge or jury why brain injury symptoms may not be immediately evident.
Lafayette Traumatic Brain Injury Lawyer Near Me (337) 777-7777
Iberia Parish Traumatic Brain Injury Lawyer
Symptoms of Traumatic Brain Injuries
The human brain is very delicate, and even minor trauma can lead to significant effects. If a person receives a brain injury, they should seek medical attention quickly to make sure there is no swelling, internal bleeding, pressure building up in the head.
There are many indicators that a person has suffered trauma to the brain, including:
- Difficulty communicating
- Disruption of motor or sensory skills
TBI victims often lose consciousness after an accident, but it may take time before other symptoms appear. Symptoms can include mood or personality changes, loss of motor function, or even death.
Laws Governing TBI Claims
If a person’s actions or inaction causes harm to another, that person is responsible for the value of the victim’s injury. Common scenarios that may lead to TBI lawsuits include:
Negligence and Duty of Care
Individuals have a duty to exercise reasonable care to prevent harm to others. If they fail in this duty of care, they may be considered negligent. When someone’s negligence causes others to become injured, courts may order the defendant to pay damages to the victim.
Recoverable Damages in a TBI Case
Because traumatic brain injuries can be severe and life-altering, they often lead to extensive medical bills, lost wages, and pain and suffering. Victims can recover compensation for all of these losses. Additionally, family members may be able to pursue claims against the defendant because they have lost the support and help of their injured loved one.
Statute of Limitations
The prescription period, or statute of limitations, sets the deadline for filing a personal injury claim. Under Louisiana Civil Code Article 3492, the deadline is usually either one year from the date of the accident or the date the victim discovers their injury. There may be some exceptions for injuries related to defective products or medical malpractice claims. To discuss the deadline that applies to a particular case, victims should contact an Iberia Parish traumatic brain injury attorney as soon as possible.
Contacting a Dedicated Lafayette TBI Attorney
If you or a family member suffer from a traumatic brain injury caused by another’s negligence, this may be one of the most difficult times you may ever experience. Thoughts of dealing with insurance companies or diving into a lawsuit may feel like overwhelming prospects, but today is the day that you can begin to turn things around.
Give yourself peace of mind and a chance for justice with help from a personal injury attorney familiar with the unique circumstances surrounding brain injuries. Talk to a Lafayette traumatic brain injury lawyer today to discuss the facts of your case and learn more about what compensation you may be entitled to.