Can You Sue for Brain Injury Compensation?

Brain injuries can impact countless aspects of daily life, from concentration and memory to vision and mood. If your brain injury was caused by someone else, you might be wondering about your options for seeking financial relief.

For brain injury victims, keep reading to learn more about when you can sue for brain injuries in Louisiana and how much you may be owed.

Key Takeaways

• You can sue for a brain injury if you can prove that injury was caused by someone else’s negligence.
• You will typically need to file your lawsuit within two years of the injury, or within two years of discovery for delayed onset injuries.
• Common brain injuries include concussions, contusions, and penetrating injuries.
• Traumatic brain injuries can cause serious symptoms, including memory issues and blurry vision
• If you were injured or lost a family member in a brain injury accident, you should get help from a brain injury lawyer as soon as possible.

When Can You Sue for Brain Injury Compensation?

If you suffered head trauma due to another person’s negligence, you should be able to file a personal injury claim for compensation. Common types of accidents leading to head injury lawsuits include car accidents, slip and falls, and workplace injuries. Whether your injury was sustained in a car crash caused by a reckless driver or a slip and fall caused by insufficient lighting in a public place, you will need to prove negligence to seek compensation. To establish negligence, you will need to prove:

1. Duty – The at-fault party owed you a duty of care, such as the duty to follow traffic laws.
2. Breach – The at-fault party breached their duty of care, such as by speeding.
3. Causation – The breach of duty led to the accident, such as high speeds leading to loss of control, directly causing a collision.
4. Injury – The accident led to real harm to the victim.

For your personal injury case, there are steps you will need to take to strengthen your claim of negligence. You should document your injuries by getting immediate medical care, with medical records being key evidence for brain injury claims. Things like accident reports, witness statements, and expert testimony may all be essential for your case. An experienced brain injury attorney can investigate your case to determine the at-fault party and help guide you through the legal process to get justice.

When to File a Brain Injury Lawsuit

One important thing to keep in mind if you plan on seeking fair compensation for brain injuries is the time limit on these types of cases. Typically, you will have two years from the date of the accident in which to file a traumatic brain injury lawsuit. However, there are some important exceptions: if you didn’t immediately discover the injury, the statute of limitations may only start when you discovered or should have discovered the injury. For cases involving minor-aged victims, the statute of limitations may not start until their eighteenth birthday.

With this in mind, injured persons should act fast to get legal representation after a negligence-related accident. A personal injury attorney with brain injury case experience can help you identify the responsible party, collect evidence, and access the financial relief you need to recover.

Common Types of Traumatic Brain Injuries (TBI)

Brain injuries can be incredibly complex, and they range from minor to incredibly severe. Some of the most common injuries seen in head injury lawsuits include:

• Concussions – The most common brain injury, concussions are usually minor but can be very dangerous.
• Contusions – When the brain is struck, contusions or bruises on the brain can form.
• Penetrating Injuries – Often seen in car accidents, these injuries involve an object piercing the skull.
• Diffuse Axonal Injuries – These injuries occur when the brain is rapidly shifted inside the skull.

These are just a few of the many types of brain injuries that can occur. If your injury is not on the list above, you may still be owed compensation.

Traumatic Brain Injury Symptoms

Traumatic incidents involving the brain often require extensive medical treatment, including rehab and lifelong care, and getting treatment as soon as possible is essential. Unfortunately, TBI symptoms sometimes aren’t obvious, and that can make diagnosing and proving brain injuries difficult. Below, you can learn more about the possible symptoms of different levels of brain injury. Keep in mind that this is not meant as medical advice.

Mild TBI Symptoms

• Dizziness
• Fatigue
• Headaches
• Nausea
• Blurred vision
• Ringing in the ears
• Light sensitivity
• Loss of consciousness
• Being dazed, confused, or disoriented
• Memory problems
• Mood swings
• Difficulty concentrating
• Sleep problems

Severe TBI Symptoms

• Extended loss of consciousness
• Persistent headache
• Convulsions or seizures
• Inability to wake up
• Weakness in fingers and toes
• Serious confusion
• Aggitation
• Slurred speech
• Memory loss

If you’re experiencing symptoms listed above, go to an emergency room as soon as possible for care. Getting quick treatment could be essential for both your TBI lawsuit and your healthy recovery. Our TBI lawyers are ready to help you take legal action.

Compensation Available Through TBI Settlements

Brain injury victims may be able to recover compensation for all of the losses and suffering they’ve faced related to their injury. Settlements typically include economic and non-economic damages, with rare cases involving punitive damages for extreme wrongdoing. While economic damages are meant to compensate for financial losses, non-economic damages are more focused on suffering and emotional impacts. Keep in mind that if you were found partially at fault for your injury, your compensation may be limited.

In Louisiana, compensation for traumatic brain injury cases often starts in the six-figure range, with severe brain damage cases leading to settlements reaching millions of dollars. When you do accept a settlement, future claims are waived.

TBI Economic Damages

• Medical expenses
• Future and ongoing medical care
• Lost income
• Medical equipment
• Funeral expenses

TBI Non-Economic Damages

• Pain and suffering
• Reduced quality of life
• Emotional distress
• Disfigurement
• Scarring
• Lost emotional support

Learn About Legal Options for Your Brain Injury Claim

If you’ve sustained a TBI due to someone else’s actions, you need help from a lawyer to ensure full compensation for your losses. With help from an experienced personal injury lawyer, you can negotiate for fair insurance coverage or file a lawsuit if needed. An attorney can get testimony from medical experts, establish your rights to financial support, and help you get full compensation for hospital bills, suffering, and more.

Whether a car accident caused your head injury or you were harmed in a slip and fall, Millin & Millin Attorneys are ready to provide the legal help you need to hold the right entity responsible. Reach out today to start your fight for a fair settlement.

From medical bills to lost wages, seek full compensation for your TBI case with Cardone Law Firm. Reach out to get started.