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 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
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 Injury Lawyers to file a claim or lawsuit against that party. Our catastrophic injury attorneys understand the long-term physical and financial devastation a brain injury victim may face, so we want to advocate for your legal interests.
Different Types of Traumatic Brain Injuries Can Result In Varying Side Effects
There are generally three traumatic brain injury levels that have different associated symptoms and potential outcomes. TBIs generally fall under these categories:
Mild Traumatic Brain Injuries or Concussions
Mild traumatic brain injuries and concussions are one of 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. Regardless of whether you feel “fine” after an accident that involves hitting your head, you should consult a physician to avoid having your TBI or concussion worsen. 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 between 30 minutes and 24 hours. They 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 traumatic brain injuries occur when a victim’s head trauma results in permanent cognitive and physical defects, such as tremors, speech disorders, and paralysis. Other symptoms of severe TBI can be very 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 who are trying to cope with the aftermath of a TBI. Our lawyers are not just knowledgeable about civil procedure, but they also have access to medical experts and brain injury studies to help determine the extent of your injury and compensable damages.
For a free legal consultation with a traumatic brain injury lawyer serving Lafayette, call (337) 223-9925
Traumatic Brain Injuries Can Worsen Over Time – So Look Out for Symptoms
Several issues may surface when trying to prove that a brain injury exists or was another party’s fault. For example:
- TBIs can worsen over time if left untreated: Some people underestimate the severity of their head trauma and choose not to seek medical attention, which can allow underlying symptoms to worsen without them realizing. If you suffered a TBI, you should seek medical care to prevent serious health consequences, like blood clotting in the brain, and also to have a paper trail that relates your accident to your 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 that 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 TBI, especially if you do not seek follow-up medical care to monitor your symptoms after an accident. If so, the liable party might question whether your current symptoms are related to the accident, since the initial diagnosis was a mild TBI or concussion.
As such, it may be important for those suffering from a brain injury to retain legal help from an attorney who understands the extent of injuries that TBIs can cause. To that end, one of our brain injury lawyers 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.
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 ensure there is no swelling, internal bleeding, or pressure building up in the head.
According to Mayo Clinic, there are many indicators that a person has suffered trauma to the brain, including:
- Difficulty communicating
- Disruption of motor or sensory skills
- Numbness
- Nausea
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.
Lafayette Traumatic Brain Injury Lawyer Near Me (337) 223-9925
An Iberia Parish Traumatic Brain Injury Lawyer From Our Firm Can Build Your Case
If you live in Lafayette or a surrounding city in Iberia Parish, one of our attorneys at Laborde Earles Injury Lawyers 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 go over the relevant laws that might apply to your claim.
Additionally, we can go over:
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
- Falls on public or private land
- Concussions during sports
Even if this article does not list the type of accident you were involved in, that does not necessarily exclude you from filing a TBI claim. As long as your injury stems from the defending party’s negligence, you may have grounds to pursue compensation from them.
How We May Be Able to Prove Negligence in Your Case
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.
To prove that the defendant’s negligence led to your traumatic brain injury, we 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 to not 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 of the defendant’s breach of duty, they caused an accident to occur.
- You suffered a traumatic brain injury in the accident, as well as other damages.
Our legal team will retrieve evidence to support these claims, ranging from video footage to expert medical testimony.
Which Damages May Be Recoverable in Your TBI Case
Because traumatic brain injuries can be severe and life-altering, victims may be able to recover compensation for all of their losses, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Reduced earning capacity
- Permanent disability
- Emotional distress
- Property damage
- Loss of consortium (in the case of wrongful death)
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.
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 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.
You can discuss the deadline that applies to your case when you call our law firm for a free consultation. Should you decide to work with our team, we can take appropriate measures to file your lawsuit on time.
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Call Now To Start Working With a Lafayette Traumatic Brain Injury Attorney
If you or a family member suffers from a traumatic brain injury caused by another’s negligence, this may be one of the most difficult times you ever experience. Thoughts of dealing with insurance companies or diving into a lawsuit may feel like overwhelming prospects, but today is the day 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. Call (337) 777-7777 to hire a Lafayette traumatic brain injury lawyer today. You can discuss the facts of your case with one of our representatives and learn more about what compensation you may be entitled to pursue.
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