A traumatic brain injury (TBI) can be debilitating and cause both short- and long-term complications. If someone else’s negligent act was the source of your injuries, a lawyer in our New Orleans office can pursue compensation for you from the responsible party. We manage personal injury claims and lawsuits for multiple types of accidents on behalf of our clients.
Our attorneys at Laborde Earles Injury Lawyers collectively have over 250 years of legal experience that we want to put to work for you. We have recovered more than $200 million in settlements and lawsuits for our clients, including $5.25 million for a client who suffered a brain injury after an auto accident. For specific information about how our New Orleans traumatic brain injury lawyers can help, you can begin a free consultation with a team member today.
How Traumatic Brain Injury Complications Affect Accident Victims In New Orleans
Many patients with mild TBIs make a full recovery. However, moderate-to-severe TBIs can have lingering effects or even permanent complications, requiring extensive treatment that could last the patient’s lifetime. Some people with TBIs are not able to live on their own again and must rely on caregivers to help them with their basic needs.
Traumatic brain injuries can also be fatal. They happen when a person suffers a blow to the head area, whether the injury happens when a person’s head hits a surface or the person is struck with an object that contacts the skull. The Centers for Disease Control and Prevention (CDC) cites data saying there were more than 64,000 TBI-related deaths in the United States in 2020, averaging out to about 176 deaths a day.
TBI Complications Can Include Developing Mental Health Disorders
A wide range of complications can happen after a TBI occurs. According to Mayo Clinic, these complications may include:
- Ongoing physical conditions, like headaches, vertigo, and seizures
- Nerve damage that affects the facial muscles
- Impairment to the senses, including smell, vision, taste, and hearing
- An elevated risk for brain disease
- Difficulty recalling memories or focusing
- Difficulty making decisions or doing multiple tasks at the same time
- Trouble communicating with or understanding others
- Feeling anxious, depressed, or angry
These are just a few of the symptoms of traumatic brain injury that can affect your health and well-being for the rest of your life. If you suffer long-term complications because of a traumatic brain injury caused by someone else’s actions, you should not be liable for the costs incurred. A New Orleans TBI attorney can assist with your claim for compensation.
Traumatic Brain Injury Can Occur Under Many Circumstances
The costs of treating these complications and their impact on your life could factor into the types of damages you may be entitled to collect. TBIs can result from any of the following types of accidents:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Boating accidents
- Slip, trip, and fall accidents
- Assault and other violent acts
- Pedestrian accidents
- Sports injuries
If you are seeking legal action to hold the liable party responsible for your injuries, this is where Laborde Earles Injury Lawyers can help. Your free consultation with us can give you the clarity you’re seeking about how a lawyer with our firm can help with your traumatic brain injury case. We will analyze your case to determine who is responsible for your injury and establish a monetary value for your losses.
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Damages You Can Claim For A TBI In A Personal Injury Case
TBIs are costly injuries that bring large medical bills due to the extensive care they often require. When we represent you, our New Orleans traumatic brain injury lawyer can identify your damages and their monetary values and build a case to recover the costs of medical treatment. This may entail gathering evidence such as your medical files, employment records, and personal accounts of the injury’s impact on your life from you and your family members.
We Can Also Hire Medical Experts To Testify About Your Future Treatment Needs
Depending on your full range of injuries and their severity, the recoverable damages in your case may include:
- Costs of medical care: These damages can include everything from post-accident emergency treatment to ongoing therapy needs. Medications, medical devices, and even transportation to doctors’ appointments may be covered.
- Loss of income: If your injury and recovery period forced you to miss work, you might be able to claim the money you were not able to earn.
- Reduced earning capability: If your TBI makes it so that you can no longer work the same job as before the accident, or you must work and earn less, you can claim this damage type.
- Disability: This applies to any permanent mental or physical limitations that the accident caused.
- Mental anguish: Any mental or emotional stress resulting from your TBI may be recoverable.
- Pain and suffering: This includes the physical agony or discomfort caused by your injuries.
- Wrongful death: If your loved one succumbed to a fatal TBI, you may be able to recover end-of-life expenses, including any medical care they received before their death. You may also receive compensation for their funeral and burial arrangements and other losses. Our wrongful death attorneys can let you know if you are eligible to seek these damages under Louisiana law.
The lasting effects of a traumatic brain injury create significant burdens greater than just the initial cost of treatment. You deserve compensation for all the losses associated with your injury, including non-economic losses like pain and suffering and emotional anguish.
These are not the only types of damages that may appear in a traumatic brain injury case. You can discuss your case and potential financial recovery in a free consultation with a representative of our firm. With more than 250 years of combined experience handling Louisiana injury claims, the New Orleans TBI attorneys at Laborde Earles Injury Lawyers know how to establish and support your claim for both economic and non-economic losses.
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Our Attorney Can Negotiate A Settlement With An Insurer For You
When you or a loved one suffers a traumatic brain injury, you could be faced with difficult choices, financial hardship, and lifestyle adjustments. While you make the necessary adjustments, you should not have to spend your time and effort collecting evidence and negotiating with insurance companies.
Laborde Earles Injury Lawyers can help with several tasks when we represent you, including negotiations with the opposing party and their insurance company. You can expect us to:
- Manage all communications (phone calls, emails, etc.) so that you will not need to speak with representatives of the opposing side, including the liable party’s insurance company
- File all paperwork for your insurance claim or lawsuit on time
- Investigate your accident for evidence of the negligence that caused it
- Catalog your injuries and their value, as well as determine how much your case is worth
- Engage with the liable party’s insurance company in settlement negotiations
- Represent you at trial if your case is not resolved with a fair settlement
We will also keep you updated and informed about your case, answering your questions and giving you legal information and advice regarding any decisions you will need to make in your case. We understand the hardships faced by victims of traumatic brain injuries, and we aim to reduce the stress by handling all the legal footwork, so you can focus on the health and well-being of you and your loved ones.
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We Will Also Set Out To Help You Prove The Liable Party’s Negligence
Your traumatic brain injury case must prove who caused your injuries and how their negligence brought you serious harm. We can review the evidence and circumstances in the case to see if they meet the criteria needed to prove negligence. To establish negligence under Louisiana law, we must be able to show:
- The person who injured you owed you a duty of reasonable care.
- The person fell short of this duty, breaching it.
- This breach of the person’s duty of care caused your traumatic brain injury.
- You suffered damages because of this TBI that should be compensated.
The evidence we can look at to build a strong case for you can include photographs and video footage of the accident scene or your injuries, official police reports, eyewitness statements, medical reports, and more.
When There Are Multiple Responsible Parties
In some cases, a traumatic brain injury could be the result of an accident involving more than one liable party. For example, if your injury occurred in a car accident, and the other driver struck you while trying to avoid another vehicle, you could hold both drivers accountable for your TBI.
Parties that could be held liable for a traumatic brain injury include, but are not limited to:
- Drivers of other vehicles
- Construction company responsible for worksite safety
- Manufacturer of defective equipment or components that led to the injury
- Government entity or company responsible for upkeep and maintenance of failed or damaged infrastructure
- Individuals or entities who contributed to the accident through reckless or aggressive behavior
- Medical professional who misdiagnosed or incorrectly prescribed treatment
- Sports coach responsible for safe training methods
Since every injury case is unique, there are numerous different individuals or entities that could be held accountable for your TBI. An injury attorney from Laborde Earles Injury Lawyers will know how to derive the necessary information and establish a claim against all responsible parties in your TBI case.
Louisiana’s Statute Of Limitations Deadline For Injury Cases Is One Year
Note that it is important to act promptly after a personal injury incident in Louisiana, as CC Art. 3492 sets the state’s general statute of limitations at one year. This means you may have just one year after your accident to file your personal injury lawsuit.
The same one-year rule applies if you are seeking a wrongful death action under CC 2315.2. We can review the specifics of your situation to determine if there are exceptions in your case that could lengthen or shorten the time you have to file a lawsuit. If you miss this deadline, you likely will not be able to bring forth an action to recover compensation.
Protect your legal right to compensation by contacting an attorney as soon as possible after the injury occurs. Our New Orleans TBI attorneys will be aware of the time limits and filing requirements needed to pursue your claim in a timely manner.
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Let Laborde Earles Injury Lawyers Fight For You In Orleans Parish
Laborde Earles Injury Lawyers understands the many challenges you may face after suffering a TBI. We will listen to the details of your traumatic brain injury and advise you of the next steps you can take. We operate on a contingency-fee basis and require no upfront payment should you decide to hire us.
If we cannot help you win compensation for your injuries, you do not need to pay us attorney’s fees. To get started on your case today, contact us for a free initial consultation.
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