People suffer traumatic brain injuries (TBIs) every day across the United States. Whenever a victim experiences significant trauma to their neurological cells, that trauma can impact their memories and behaviors.
These symptoms could last for days, weeks, or months, and in the worst-case scenario victims could suffer permanent impairment. A serious traumatic brain injury could also burden you with high medical expenses, frequent medical visits, and insurance paperwork.
If you or someone you love suffers a serious head injury in an accident that was not their fault, you may need to get in touch with a compassionate attorney. A Marksville traumatic brain injury lawyer could assist you throughout the claims process and work towards obtaining the compensation you deserve.
What Are Traumatic Brain Injuries?
Traumatic brain injuries usually occur when the victim is violently forced to the ground, hitting their head in the process. A TBI might also occur when an object strikes or partially penetrates the accident victim’s head and/or skull. This impact may cause a person’s brain to move inside their head and strike the side of their skull, which could damage the brain and impact a person’s ability to think or function.
Not all symptoms of TBIs manifest right away. Common symptoms of mild traumatic brain damage include nausea, fatigue, chronic headache, sleeplessness, loss of consciousness, and sudden behavioral changes or mood swings. Symptoms of more serious TBIs include seizures, slurred speech, convulsions, permanent loss of coordination, long-term memory loss, paralysis, or coma.
While the necessary treatment for some minor injury to the brain is relatively short-term, more severe TBIs require a lifetime of care and treatment. If another party can be proven liable for them, these anticipated and long-term care costs may be compensable under the law. A Marksville traumatic brain injury attorney could help accident victims make a claim against the responsible parties.
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Taking Legal Action in a TBI Case
In the event of a serious accident in which the victim suffers a TBI, the injured party may have grounds to file a civil suit against the at-fault person. Among other scenarios, an accident victim could file a personal injury claim in the following instances:
- They were involved in a car, truck, motorcycle, pedestrian, or bicycle accident that a negligent motor vehicle driver caused or contributed to
- They suffered an accidental injury while they were working at their job and while they were acting within the scope of their employment
- They slipped and fell on someone else’s property, and the property owner knew or should have known about the defective condition but failed to take the necessary action to remedy it
- They suffered injuries from an attack or assault while on someone else’s property
In addition to seeking compensation for medical damages and costs, the accident victim could pursue a claim for future medical costs, long-term care costs, mental suffering, loss of use of a body part, and loss of enjoyment of life. A traumatic brain injury lawyer in Marksville could help accident victims pursue those damages and all others which they may have experienced due to their injury.
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Avoyelles Parish Traumatic Brain Injury Lawyer
Types of Brain Injury Cases that May Warrant a Lawsuit
Traumatic brain injuries are usually caused by a severe jolt or blow to the head, although sometimes they are related to penetrating wounds. People suffering from a TBI may have seizures, headaches, personality changes, depression, memory problems, and a myriad of other symptoms.
Negligence forms the basis of most personal injury claims. TBI victims may be able to pursue compensation after the following situations:
- Collisions involving a car, truck, motorcycle, or another vehicle
- Birth injuries
- Accidents on the job
- Acts of violence
This is not an exhaustive list. If a victim believes their injury occurred due to the negligence of someone else, they should call a knowledgeable Avoyelles Parish traumatic brain injury attorney for a case consultation.
Prescription Period for Personal Injury Claims
The success of a case depends in part on how soon the injured individual contacts a traumatic brain injury lawyer in Avoyelles Parish. The statute of limitations, or prescription period, is one year from the date of injury according to Louisiana Civil Code §3492. Louisiana has one of the shortest prescriptive periods in the country.
Those with a traumatic brain injury who do not pursue their legal rights within this period of time will likely find it difficult if not impossible to receive compensation for their damages. Although they may still file their case, the defendant will generally have it dismissed.
Compensable Damages for Brain Injuries
Those suffering from a traumatic brain injury face a long road to healing and recovery. Fortunately, help from an experienced Avoyelles Parish traumatic brain injury attorney could help victims recover compensation for all of their losses.
Some states place a cap on the amount of damages a plaintiff can pursue or receive. However, there are no damage cap laws in Louisiana limiting the amount of economic or non-economic damages a TBI victim could receive. Recoverable damages in a personal injury claim include:
- Medical and long-term care expenses
- Lost wages and income
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Loss of society
- Mental anguish
An attorney could help injury victims identify and calculate a fair value for all of their damages.
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Reach out to a Marksville Traumatic Brain Injury Lawyer Today
Many traumatic brain injuries are the result of senseless and fully preventable accidents. If you suffered a traumatic brain injury, you may be eligible for compensation.
A Marksville traumatic brain injury lawyer could review your case, determine your eligibility for damages, and assist you throughout the civil litigation process. Schedule a consultation today to get started working on your case.
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