Louisiana Traumatic Brain Injury Lawyer
Injuries to the brain may limit its ability to effectively communicate with the rest of the body. These injuries may alter the use of limbs, cognitive functioning, and involuntary functions. One of the most prevalent sources of traumatic brain injury (TBI) in Louisiana are accidents caused by other people.
If your accident can be traced to the negligent actions of another, you may wish to consult a Louisiana traumatic brain injury lawyer. Though a traumatic brain injury could be devastating, injured people may be able to recover financially. An experienced catastrophic injury attorney can help you evaluate your legal options and pursue a claim with diligence and passion.
Potential Legal Options after a TBI
Not every traumatic brain injury is another party’s fault. Injuries may be caused by faultless accidents or could be the result of a victim’s own actions. However, when an avoidable accident caused by another’s recklessness or negligence results in an injury, it is possible to hold the at-fault party legally liable. Some common accidents that may lead to TBIs include:
- Car, motorcycle, or truck accidents
- Boating accidents
- Slips and falls
- Unsafe public or private places
- Defective products
- Work-related injuries
Proving Negligence
Even in these situations where an individual did not intend to cause harm, Louisiana laws still place responsibility on a potential defendant for their actions. Most TBI cases generally hinge upon an individual being able to prove negligence on the part of another.
Demonstrating negligence relies upon several factors. First, a traumatic brain injury attorney can assist in establishing that the defendant owed a certain duty of care to the plaintiff. Then, by establishing that this duty was broken, it would be possible to demonstrate how the plaintiff suffered harm due to the breach. Harm could result in monetary damages. Regardless of how an injury was sustained, a Louisiana traumatic brain injury lawyer can help those injured understand the legal theory of negligence and establish necessary facts to build a positive claim.
Statute of Limitations for TBI Cases
Anyone who has suffered a TBI should first seek medical attention. Individuals may then wish to consult a Louisiana traumatic brain injury attorney to ensure all the proper procedures for preparing and filing a case are met. For example, no matter the severity of an injury, the Louisiana Civil Code §3492 outlines a deadline for seeking compensation in all injury-related cases.
Generally, the court will only hear cases related to a traumatic brain injury if the claim was filed within one year of the injury date. Failing to meet this deadline could result in an individual being barred from seeking any compensation.
Talk to a Louisiana Traumatic Brain Injury Attorney
The aftermath of an accident and a resulting traumatic brain injury can be confusing and frustrating. The brain serves as the command center for the rest of the body, and any damage could have a life-long impact on the ability to think, move, and remain independent. Individuals may find they need expensive medical care, such as a live-in caretaker, or are unable to return to life as normal.
Thankfully, it is possible to recover for the damages sustained. Individuals and their families could evaluate the effect of an injury with the assistance of a diligent Louisiana traumatic brain injury lawyer. They may be able to identify potential parties who bear fault and help prepare a claim for filing. If you have suffered an injury, reach out to schedule a consultation with a compassionate attorney today.