How a Personal Injury Attorney Can Assist You as a TBI Victim

Many people endure brain damage, but not everyone is fairly compensated for their injuries. If you are the victim of a TBI caused by another party’s actions, it’s time to contact a personal injury law firm. When you retain a New Iberia catastrophic injury lawyer, your attorney might be able to help you hold the at-fault party accountable. Here’s how a head injury lawyer can help you:

  • Investigate the cause to establish liability
  • Collect and preserve evidence
  • Speak with witnesses to strengthen your case
  • Identify all responsible parties
  • Seek to maximize potential compensation
  • Assess the full scope of damages
  • Negotiate with insurance companies on your behalf
  • Handle all communication with claims adjusters
  • Accept settlements or pursue litigation
  • Files all necessary legal documents
  • Meet all deadlines
  • Represent you in court
person in hospital bed

What Counts as Recoverable Damages in TBI Cases?

Traumatic brain injuries caused by negligence are often life-changing, and you might find yourself having a hard time healing from the damage. Even though financial compensation will not make this challenging time go away, the hope is that fair compensation can help you afford the losses that you incurred as a direct result of the TBI-causing incident.

When you meet with a traumatic brain injury lawyer in New Iberia, LA, your attorney can go in-depth about the damages that you can name as part of your claims process. In the meantime, we are giving you an overview of damages that you might be able to receive compensation for after sustaining a TBI.

Client Testimonials Hear from locals like you.

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

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Sylvia Roy

New Iberia

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

J
Jenifer Leger Dendy

Lafayette

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you fo...

Jordan is a wonderful paralegal very sweet and helpful good job very professional hold on to her she is a asset to your firm hard worker. Thank you for all your hard work to all the people working on our case.

S
Sandi W.

I am very impressed with Jillie Boone’s professionalism and dedication. She demonstrates excellent communication skills, strong attention to det...

I am very impressed with Jillie Boone’s professionalism and dedication. She demonstrates excellent communication skills, strong attention to detail, and a high level of reliability. Jillie consistently goes above and beyond to ensure that everything is handled efficiently and with care. Her knowledge and work ethic make her an outstanding professional, and I would highly recommend her!

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jazlynn meece

Baton Rouge

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

M
Melody Johnson

New Orleans

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

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kelly

Lake Charles

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

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Patrick Conner

Baton Rouge

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

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Hannah Johnson

Baton Rouge

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

R
Rosann Roberts

Lake Charles

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Examples of TBI-Related Damages

These are examples of both economic and non–economic damages:

  • Medical expenses
  • Costs of rehabilitation
  • Physical therapy expenses
  • Cost of medical devices
  • Pain and suffering
  • Emotional trauma
  • Loss of income
  • Reduced wages
  • Loss of financial stability
  • Loss of future earnings
  • Loss of benefits
  • Loss of pensions
  • Impaired quality of life
  • Difficult time adjusting
  • Permanent disability
  • Physical disfigurement
  • Mental anguish
  • Emotional distress
  • Cognitive disturbances
  • Loss of enjoyment of life

The responsible parties may be held liable for punitive damages as well. In other words, liable parties might face consequences that are intended to prevent them from behaving similarly in the future. While this type of damage focuses on punishing the at–fault party, punitive damages may also serve validation purposes for victims.

Statute of Limitations for New Iberia TBI Cases

If you sustained a TBI due to a personal injury case in Louisiana before July 1, 2024, state laws dictate that brain damage victims have one year to file a lawsuit. However, if the personal injury accident took place on July 1, 2024, or any date thereafter, you have two years to file instead.

What to Avoid When Filing a Lawsuit in a Traumatic Brain Injury Case

While it is valid to vocalize your feelings and talk about your experience as a TBI victim, there are certain actions that people filing personal injury claims should not take. A personal injury lawyer will want to do what is best for you.

It’s important not to derail your attorney’s efforts amid an ongoing case. Here are five examples of what you should avoid when you have a pending brain injury case.

Giving a Recorded Statement To Insurance Claims Adjusters

You might notice that claims adjusters are asking you for a statement regarding your TBI case. While it may seem like they are asking because they want to hear your side of the story, it‘s better not to say anything at all. Anything you share with them might be used against you, and this can hurt your case because the insurer may use your statement as an excuse to deny your claim.

Missing Your State’s Filing Deadline

Every U.S. state has a statute of limitations in place for lawsuits. Insurance companies may try to negotiate with you as soon as possible because they might want to try to distract you from filing a lawsuit. However, with an attorney by your side, you can be sure that you meet all filing deadlines well in advance.

Posting About the Details of Your Case on Social Media

We advise our clients to stay off social media for the duration of their cases. The less information you publicize while your case is open, the better. The last thing you want is for the defendant’s insurer to gain access to your accounts, take things out of context, and use them against you.

Failing To Understand the Role of the Claims Adjuster

When you think about it, the main job of a claims adjuster is to resolve claims made against insurance companies for as little money as possible. It makes sense why they want you to settle for less than you deserve, but this is not in your best interest, and a lawyer can ensure that you receive fair compensation.

Choosing Not to Retain a Lawyer to Represent You

It is in your best interest to retain legal counsel when filing a TBI personal injury lawsuit. Unfortunately, insurance providers may tell brain damage victims that there’s no need to involve lawyers because it benefits them to do so. However, insurance companies have law firms guiding them through the legal process, and you deserve to have a TBI lawyer advocating for you, too.

For more insight into what you should avoid amid an ongoing case, consider contacting a traumatic brain injury lawyer in New Iberia, LA. That way, you can receive personalized legal advice that is tailored to the specifics of your case.

Call a New Iberia Traumatic Brain Injury Law Firm for a Free Consultation

At Laborde Earles, we want to fight for the rights of people like you who have suffered the effects of a TBI due to someone else’s actions. Instead of dealing with repercussions caused by the carelessness of others all on your own, why not let us advocate for you?

We founded Laborde Earles on the premise that victims deserve justice, and we want to help you pursue the compensation you rightfully deserve. With more than 350 years of combined personal injury experience at our law firm, you can trust us to keep your best interests in mind.

If you or someone you love is looking for legal representation after sustaining brain damage in a personal injury incident, please do not hesitate to contact us at your earliest convenience. We offer free, no–obligation consultations, and our lawyers look forward to discussing the details of your case.

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