Have you or a loved one suffered a traumatic brain injury in Metairie, LA? A serious brain injury can change your life in an instant, affecting your ability to work, care for yourself, or enjoy the things you once loved. If someone else was at fault, you may be entitled to compensation.
At Santana & Blanchard Personal Injury Lawyers, we understand how devastating a brain injury can be. We are ready to fight for the full financial recovery you need to move forward.
Contact us today at (504) 323-6000 to schedule a free case evaluation with a Metairie brain injury lawyer. We’ll listen to your story, explain your options, and help you take the next steps.
How Santana & Blanchard Personal Injury Lawyers Can Help After a Traumatic Brain Injury in Metairie, LA
After a serious brain injury, it’s normal to feel overwhelmed. You may be facing a long recovery, expensive medical care, and uncertainty about your future. That’s where we come in.
At Santana & Blanchard Personal Injury Lawyers, we provide the compassionate legal support you need. We’ll help you hold the at-fault party accountable and pursue the compensation you deserve. With 26 years of combined experience and millions recovered for our clients, our legal team knows what it takes to win complex injury cases.
Here’s how we can help you after a traumatic brain injury in Metairie, Louisiana:
- Investigate your accident to identify all responsible parties
- Help you explore all avenues for compensation
- Gather evidence such as medical records and expert opinions to support your case
- Handle all communication with insurance companies
- Calculate the full value of your damages, including future needs
- Negotiate for a fair settlement agreement
- File a lawsuit and prepare your case for trial if necessary
We’re ready to stand up to the insurance companies and advocate for your rights. Contact our Metairie personal injury lawyers today for a free consultation.
Traumatic Brain Injury Overview
A traumatic brain injury (TBI) is mild to severe brain damage caused by some form of external trauma. Brain injuries are often invisible at first, but their effects can be devastating and long-lasting. They may impact everything from memory and movement to mood and behavior.
In some cases, symptoms appear right away. In others, they may take days or even weeks to show up.
What Are The Most Common Types of Brain Injuries?
Brain injuries are classified by how they happen and how severe they are. Traumatic brain injuries are categorized as mild, moderate, or severe according to the Glasgow Coma Scale. They may also be classified as open or closed injuries, focal (localized) or diffuse (widespread), and primary or secondary.
Common types of traumatic brain injuries include:
- Concussion
- Contusion
- Cerebral hematoma
- Brain hemorrhage
- Ischemic injury
- Hypoxic injury
- Diffuse axonal injury (DAI)
- Cerebrovascular accident (CVA) or stroke
- Coup, contrecoup, and coup-contrecoup injuries
- Penetrating injuries
Each type of brain injury requires a different approach to treatment and recovery. A full medical evaluation is essential to determine the extent of damage and plan for rehabilitation.
What Are Possible Long-Term Consequences of a Traumatic Brain Injury?
The effects of a traumatic brain injury can last a lifetime. It’s now officially recognized as a chronic condition by the Centers for Medicare and Medicaid Services (CMS).
Some of the most common long-term consequences of a brain injury include:
- Cognitive issues affecting memory, concentration, planning, communication, or problem-solving
- Chronic pain, including chronic headaches or migraines
- Physical impairments such as fatigue, seizures, epilepsy, or problems with balance and coordination
- Emotional and behavioral changes ranging from personality changes, irritability, and depression to impulsive behavior and social withdrawal
- Reduced independence in daily activities
- Higher risk of neurodegenerative diseases
- Increased risk of substance abuse
Even with hospitalization and inpatient rehabilitation, about half of the people with a moderate to severe TBI will die or experience further decline within five years. About one out of every 60 people in the U.S. is living with long-term disability after a brain injury.
What Causes Most Brain Injuries In Metairie, LA?
A traumatic brain injury can happen in almost any type of accident. It often results from a sudden jolt or blow to the head, or when the brain is violently shaken inside the skull. Sadly, many of these injuries are caused by someone else’s negligence.
Here are some of the most common causes of traumatic brain injuries:
- Motor vehicle accidents, including car, motorcycle, and truck collisions
- Pedestrian and bicycle accidents
- Falls, especially among older adults
- Being struck by or against objects
- Sports and recreational injuries
- Workplace accidents
- Violence such as shootings and physical assaults
- Explosions or blasts
Falls alone account for about 48% of all TBIs. Motor vehicle accidents account for another 13%, and they are the leading cause of TBIs in people under 75.
No matter how it happened, if your injury was caused by another person or a dangerous condition, you may have the right to financial compensation.
What Is My Metairie Brain Injury Case Worth?
Every brain injury case is different, and the value of your claim depends on many unique factors. A Metairie brain injury attorney will consider the following when estimating your case value:
- The severity and type of injury
- Your current and future medical expenses
- Whether you can return to your job or ever work again
- The impact on your daily life and independence
- Whether you have strong evidence proving liability
- The available insurance coverage
- The defendant’s actions
- Whether your own negligence contributed to your accident
A brain injury case may settle for thousands of dollars or several million, depending on these factors and more. An experienced personal injury lawyer can help you understand what you may be entitled to recover.
What Compensation Can I Recover for a Traumatic Brain Injury In Metairie, Louisiana?
If someone else caused your brain injury, you have the right to seek full compensation for your losses. In Louisiana, personal injury victims can recover both economic and non-economic damages. These damages compensate for financial, psychological, and emotional losses.
Here are some of the damages you may be able to recover:
- Current medical bills
- Future medical costs
- Rehabilitation and therapy
- Lost wages
- Diminished earning capacity
- In-home care and support services
- Out-of-pocket expenses like vehicle or home modifications
- Physical pain and suffering
- Emotional and psychological distress
- Loss of enjoyment of life
- Disfigurement
Spouses and children may pursue compensation for loss of consortium, affection, and support if the injury has seriously impacted their relationship with the injured party.
Louisiana law only allows for punitive damages in rare cases. These damages may only be awarded in specific circumstances authorized by state statute, such as drunk driving accident cases.
If your brain injury happened on the job, you typically qualify for workers’ compensation benefits regardless of who was at fault. You may have a third-party claim to recover additional compensation if someone other than your employer caused your brain injury.
If you exhaust all avenues for compensation, including Medicare and Medicaid, but need additional help, Louisiana’s trust fund program can help. The Traumatic Head and Spinal Cord Injury (THSCI) Trust Fund program pays for supportive services and items like vehicle modifications to help TBI survivors live independently.
Am I Entitled to Damages if I Share Fault for My Accident in Louisiana?
Thanks to Louisiana’s pure comparative fault doctrine, you are still potentially entitled to compensation even if you were 99% at fault for the accident. Each party is assigned a share of fault and corresponding liability for damages. Your financial recovery will be limited according to the degree of fault you are assigned.
For instance, if you were found 35% responsible for your injury and your damages were $250,000, you could still recover $162,500 (65%).
This system is designed to fairly distribute responsibility for damages. However, insurance companies may try to shift the blame onto injury victims to pay less. If you are being blamed for the accident, it’s critical to have an experienced lawyer on your side.
What Is The Deadline To File a Lawsuit After a Brain Injury in Louisiana?
You typically have just two years from the date your injury occurred to file a claim. This is the deadline set by the state’s statute of limitations for personal injury cases.
There may be some exceptions to this deadline, such as in cases involving delayed discovery of the injury or claims against a government entity.
Still, these exceptions are limited and often complex. The sooner you speak with an attorney, the better. A prompt investigation helps preserve evidence and build a stronger case for the compensation you deserve.
Contact Our Metairie Brain Injury Attorneys for a Free Consultation
Have you or someone you love suffered a brain injury in an accident in Metairie, LA? You could be entitled to compensation, and our Metairie personal injury lawyers are here to help.
At Santana & Blanchard Personal Injury Lawyers, we bring 26 years of combined experience to every case. Our team is committed to providing fierce legal advocacy when you need it most.
Call today to schedule your free consultation with a Metairie brain injury attorney at our firm. Let’s discuss your case and your best options moving forward.