Did you or your loved one sustain a brain injury in an accident? You are far from alone. According to data cited by the Brain Trauma Foundation, approximately 2.5 million people suffer traumatic brain injuries (TBIs) nationwide each year. As a TBI can leave the victim dealing long-term mental and physical adverse effects, it is imperative that all resources are available to promote a recovery. 

Through a brain injury claim, injured victims can take action to hold the at-fault party legally liable for the full extent of their damages. Unfortunately, these claims can be challenging. 

At Babcock Injury Lawyers, we put victims and families first. Here, our Baton Rouge personal injury lawyer provides a comprehensive guide to brain injury claims in Louisiana. 

All Head Injuries Require Prompt Medical Attention and the Proper Follow-Up Care 

If you sustained a head injury in an accident, it is crucial that you get immediate medical attention. With any significant blow to the head, there is a serious risk of a TBI. As concussions and other types of traumatic brain injuries often arise with a delayed onset, a person may be far more seriously injured than they initially realize. Some common symptoms that suggest a TBI include: 

  • Dizziness; 
  • Nausea; 
  • Headaches; 
  • Dilated pupils; and
  • Short-term memory loss.

Immediate medical attention is an absolute must for a suspected TBI. Beyond that, the importance of proper follow-up care cannot be overstated. Regular check-ups with a healthcare provider help ensure that recovery is progressing as expected. In some cases, follow-up care may include imaging tests, physical therapy, or cognitive rehabilitation to support full recovery.

Traumatic Brain Injuries Can Have Major Long-Term Effects

A TBI can have serious adverse long-term effects on the victim. It is imperative that any lingering impact associated with a concussion or TBI is identified, diagnosed, and treated. It is not uncommon for people to deal with any or all of the following after sustaining a brain injury in Baton Rouge: 

  • Persistent Headaches: Chronic headaches are among the common long-term effects of a TBI. These headaches can be debilitating. They may vary in intensity and can become more frequent over time without proper treatment.
  • Memory Loss: Memory loss can be a lasting symptom of a traumatic brain injury, affecting both short-term and long-term recall. Notably, physical therapy and/or cognitive therapy may be needed to help the victim regain the function of their memory. 
  • Difficulty Focusing: Traumatic brain injuries can impair an individual’s ability to focus on tasks or concentrate for extended periods. It can interfere with work, school, and other types of day-to-day activities. 
  • Fatigue: Many people experience ongoing fatigue after a traumatic brain injury, feeling physically and mentally drained even after minimal activity. Constant tiredness can make it difficult to keep up with daily routines. 
  • Mood Swings: Mood swings are a common emotional effect of traumatic brain injuries, causing unpredictable changes in behavior or feelings. Counseling may help manage emotional regulation and improve mental well-being.
  • Physical Impairment: Unfortunately, a TBI can also result in serious physical impairments—from problems with coordination to issues with balance. Physical trauma may affect the ability to engage in high-intensity activity, walk, or even perform basic tasks. 

Liability for a TBI Claim in Louisiana is Based on Fault (Thorough Investigation a Must)

To hold another party legally liable for an accident, you must prove that they bear fault. For most types of personal injury claims in Louisiana, fault is based on negligence. Broadly explained, an injured victim must establish that the defendant’s failure to take due care contributed to their injuries. Every accident that causes a brain injury requires a comprehensive investigation. A successful personal injury claim should always be built on a strong, sturdy foundation of reliable evidence. TBIs can happen in a wide range of different types of accident, including: 

  • Car crashes; 
  • Semi-truck accidents; 
  • Pedestrian collisions; 
  • Motorcycle wrecks; 
  • Slip and fall accidents; 
  • Dog attacks;
  • Assault and battery; 
  • Nursing home negligence; 
  • Medical malpractice; 
  • Dangerous products; and
  • Workplace accidents. 

Know the Deadline: Louisiana Statute of Limitations 

All personal injury claims are subject to strict legal deadlines. Brain injury cases are certainly no exception to the rule. Under Louisiana law (RS 23:1209), there is a one-year statute of limitations for personal injury cases, including traumatic brain injuries. Only very narrow exceptions apply. If you wait too long to take legal action, you could miss out on compensation. Be proactive: Consult with a Baton Rouge personal injury lawyer as soon as possible after a serious accident. 

Recovering the Maximum Compensation for a Brain Injury

If you or your loved one suffered a brain injury in an accident, it is imperative that you are able to access all available financial compensation. Under Louisiana law, injured victims have the right to hold the at-fault party liable for their damages, including non-economic losses. Unfortunately, however, defendants and insurers can make the claims process hard for people. Along with other types of compensation, injured victims may be able to recover monetary damages for: 

  • Ambulance costs; 
  • Emergency room care; 
  • Hospital bills; 
  • Physical therapy; 
  • Mental health counseling; 
  • Other rehabilitative support; 
  • Loss of wages; 
  • Diminished future earnings; 
  • Pain and suffering; 
  • Mental anguish; 
  • Long-term physical disability; 
  • Permanent mental impairment; and
  • Reduced quality of life. 

One of the challenges of taking on a TBI claim in Louisiana is that the victim is often left dealing with significant long-term medical needs and non-economic trauma. You need a personal injury settlement that accounts for these damages. A top-tier Baton Rouge, LA, brain injury attorney can help you ensure that ongoing care, rehabilitative support, and pain and suffering are compensated. 

Schedule a Free Consultation With Our Baton Rouge Traumatic Brain Injury Lawyer Today

At Babcock Injury Lawyers, our Baton Rouge personal injury attorney is a skilled, aggressive advocate for justice. If you or your loved one suffered a serious head injury, we can help. Contact us today for your free, no obligation initial consultation. With an office in Baton Rouge and an office in Ruston, we handle traumatic brain injury claims throughout the surrounding region of Louisiana.