Why You Should Hire a Lafayette Traumatic Brain Injury Attorney

Hiring a Lafayette catastrophic injury lawyer is important if you want legal guidance in the process of receiving compensation following a TBI. As legal professionals, we have the experience and the knowledge to help you understand what lawsuits and settlements look like while striving to ensure that your rights are not violated along the way.

A traumatic brain injury attorney in Lafayette, LA, can investigate your case, gather the evidence necessary to build a strong claim and back their position with supporting documentation. A TBI lawyer can negotiate with the at-fault party’s insurance company, fight for the compensation that you are rightfully owed, and represent you in court if necessary. Not only that, TBI attorneys can help you understand the types of emotional and financial tolls that this kind of experience can inflict on your life. With spinal cord injury lawyers on your side, you can trust that someone is advocating for you at all times.

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Brain Injury Symptoms

As part of your brain injury lawsuit, your experienced attorney may ask you to divulge symptoms that you felt after sustaining head injuries. Try to jot down your symptoms in a notebook. It can serve as documentation, and you can share this information with your lawyer as they build a case in your defense. In general, here are a handful of symptoms that victims who file brain injury claims might experience:

  • Altered state of consciousness
  • Profound emotional distress
  • Cognitive disturbances
  • Difficulty with behavioral functionalities
  • Loss of coordination
  • Mental anguish
  • Physical trauma
  • Memory issues
  • Loss of function in limbs
  • Long-term or permanent disability
  • Lack of oxygen
  • Complications of TBIs

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Three Different Types of Traumatic Brain Injuries

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, falling objects, and motor vehicle collisions, particularly those involving pedestrians. Just like the cause of TBIs differ from one person to the next, not all TBIs are the same either. There are a few categories that a traumatic brain injury might fall into, and each one carries its own set of symptoms. Medical professionals can help determine which type of TBI you have experienced. These are the three different types of TBIs:

  • Mild TBIs
  • Moderate TBIs
  • Severe TBIs
1

Mild TBIs

Mild traumatic brain injuries (TBIs), often referred to as concussions, are the least severe form of brain injury but can still impact daily life. Symptoms can include headaches, dizziness, and brief memory loss, though these side effects typically resolve themselves within days, if not weeks.

Although mild, these injuries should not be ignored, as repeated concussions may lead to long-term complications. In Lafayette, a TBI attorney can help determine if legal action is needed after a mild TBI caused by an accident or negligence. Common symptoms of mild TBIs or concussions may include the following:

  • Slow thinking
  • Memory loss
  • Headaches
  • Nausea
  • Sensitivity to light

Although considered mild, these symptoms can last upwards of two years, if not longer, and they might cause significant difficulties in your everyday life. Even if you do not feel like you need any medical attention after hitting your head, consult a physician right away. This will help you avoid aggravating your potential TBI or concussion. After all, if left untreated, brain damage can be irreversible in serious cases.

2

Moderate TBIs

Moderate TBIs result in more significant damage to the brain and may lead to prolonged symptoms, such as confusion, difficulty concentrating, or extended memory loss. These injuries may require hospitalization and medical interventions to prevent further complications.

Recovery from a moderate TBI can take months, and some individuals might experience lasting cognitive or physical impairments. Filing a lawsuit with the help of an attorney can help you obtain compensation for medical treatment and the costs of 

3

Severe TBIs

Severe TBIs are life-threatening injuries that cause long-term or permanent damage to the brain, often resulting in extended loss of consciousness or coma. Individuals with severe TBIs may face profound cognitive, physical, and emotional challenges, often requiring lifelong care and assistance. These injuries can drastically alter a person’s quality of life, and some people are unable to work or live activities independently anymore. A TBI attorney can help you pursue compensation to cover your medical expenses, the costs of long-term care, or income lost as a result of your severe TBI. Here are some examples of symptoms stemming from severe TBIs:

  • Increased impulsivity
  • Low self-esteem
  • Rigid or inflexible thought processes
  • Poor judgment skills

TBI Signs and Symptoms

Common symptoms of a mild TBI, also known as a concussion, include headaches, dizziness, confusion, nausea, and temporary memory loss. Many people with mild TBIs also experience sensitivity to light and sound, blurred vision, or difficulty concentrating.

While these symptoms often resolve within days or weeks, it’s important to monitor them closely, as repeated concussions can lead to more serious complications. Moderate to severe TBIs may cause more intense and long-lasting symptoms.

Individuals may also suffer from prolonged loss of consciousness, seizures, slurred speech, and significant memory problems. Severe TBIs can also result in motor function issues, such as weakness in the limbs, poor coordination, or difficulty walking.


What Other Signs and Symptoms Can Result from a TBI?

Cognitive impairments, such as difficulty processing information or solving problems, are common, and emotional changes—like irritability, depression, or mood swings—can also develop. In some cases, TBI symptoms may not be immediately obvious, especially if cognitive or emotional changes occur slowly over time.

This is why it’s critical to get evaluated by a medical professional after any significant head trauma, even if the injury seems minor at first. Receiving a diagnosis early on and treating your brain damage as soon as possible can help reduce the severity of your symptoms while increasing the likelihood that you will make a full recovery.

How to Prove Negligence in a TBI Case

Proving that a brain injury exists or was caused by another party’s negligence can present several challenges. In everyday life, people are required to exercise reasonable care to prevent causing harm to others. If they fail to uphold this duty of care, they may be deemed negligent.

The Steps a Lawyer Might Take When Proving Negligent Actions

When negligence causes someone to suffer a traumatic brain injury (TBI), courts may order the responsible party to pay damages to the victim. To prove that a defendant’s negligence caused your TBI, a personal injury attorney must establish several key points.

First, they need to show that the defendant had a duty of care to keep you safe from harm, such as a driver’s responsibility to avoid driving under the influence of alcohol. Next, it must be demonstrated that the defendant breached this duty, such as by driving while intoxicated.

Finally, it must be proven that this breach directly led to the accident in which you suffered your TBI and other damages. A legal team can gather evidence to support these claims, including video footage and expert medical testimony.

What Happens If Your TBI Goes Untreated?

It is important to understand that TBIs can worsen over time if left untreated. People often underestimate their head trauma and fail to seek medical attention, which can allow symptoms to intensify.

Additionally, not all symptoms of a TBI can be detected on brain scans, making it more difficult to prove the injury’s severity. Even mild TBIs can have life-altering consequences, and if your injuries worsen, the responsible party may challenge the connection between your current symptoms and the original accident.

That’s why an experienced attorney might be able to make all the difference in your case. Your head injury lawyer may be able to connect you with resources—like neurologists, who can help explain why your symptoms may not have been immediately apparent. Let your lawyer be your advocate.

Which Types of Accidents Qualify for TBI Lawsuits?

In Lafayette, various types of accidents that lead to TBIs may make you, as the victim, eligible to file a lawsuit. One of the most common causes is car accidents, especially if the impact of the collision leads to severe head trauma. Slip and fall accidents due to unsafe conditions on someone else’s property can also result in TBIs.

Workplace accidents, particularly in high-risk industries like construction, may lead to brain injuries that could justify legal action, too. Additionally, motorcycle accidents are another major contributor to TBIs due to the lack of physical protection overall.

Additionally, violent assaults between two or more parties and incidents involving medical malpractice may also qualify for a TBI lawsuit.

Last but not least, if you participate in sports and end up sustaining a concussion during games or practices, a lawsuit might be an option on the table as well.

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Recoverable Damages in TBI Cases

Since traumatic brain injuries can be severe and life-altering, victims may be eligible to recover both economic and non-economic damages for their losses. Examples of potentially recoverable damages in TBI cases are as follows:

  • Medical bills
  • Lost wages or loss of income
  • Pain and suffering
  • Reduced earning capacity
  • Permanent disability
  • Emotional distress
  • Property damage
  • Loss of enjoyment of life
  • Loss of consortium
  • Loss of companionship
  • Lower quality of life

Additionally, family members may pursue claims against the defendant if the plaintiff has lost loved ones who were injured or killed by an incident that caused a TBI. If you live in Lafayette or any of the surrounding areas, let our attorneys review the circumstances of your case and help you build an argument against the liable party or parties.

branded accent

TBI Case Statute of Limitations in Lafayette

In the state of Louisiana, a statute of limitations is locally called a prescriptive period, though the two terms mean the same thing. As such, the prescriptive period—or statute of limitations —for a traumatic brain injury claim in Lafayette is either one or two years, depending on when you sustained your TBI.

For those who were involved in an accident resulting in a TBI before July 1, 2024, you have two years to file a claim. If the TBI-causing incident transpired on July 1, 2024, or any date after that, you have two years to file your claim instead.

There are some exceptions for situations relating to defective products or medical malpractice. However, instead of trying to figure out which statute of limitations applies to your situation, it is wise to retain a traumatic brain injury attorney in Lafayette, LA, who knows the law and can help you interpret your legal options.

Schedule a Consultation With a Lafayette Traumatic Brain Injury Law Firm Today

Have you suffered from a TBI due to someone else’s negligent behavior? Has someone you love experienced brain damage as a result of another person’s actions? You may have grounds to file a personal injury claim and sue the at-fault individual for compensation.

At Laborde Earles, we are here to assist people who have sustained these types of damages. If you are having a difficult time after sustaining a TBI, we are on your side. Likewise, if one of your loved ones has died from permanent brain damage, we can help you file a wrongful death claim and seek justice for the person who passed away. Our spinal cord injury lawyers have extensive experience holding liable parties responsible for the damage they have caused accident victims. Call us today to learn more about our personal injury law firm and our lawyers.

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