While Louisiana has made positive gains in the past couple of decades to reduce the rate of motor vehicle accidents throughout the state, traffic-related accidents continue to not only be one of the biggest risks of death faced by travelers in cities like Alexandria, but also one of the main causes of traumatic brain injuries, which are one of the most debilitating and expensive injuries an individual can suffer.
If you or someone you love has suffered a traumatic brain injury in Alexandria as the result of a motor vehicle accident, a fall, or another type of incident caused by someone else’s carelessness or recklessness, an Alexandria traumatic brain injury attorney from Morris Bart can help you make sense of the legal process involved in seeking compensation for the expenses and impacts of the injury.
Why Are Traumatic Brain Injuries So Expensive?
Traumatic brain injuries (TBIs) are considered a type of catastrophic injury. Catastrophic injuries are defined as those that have a high likelihood of producing permanent disabilities that will impair an individual’s ability to earn an income or to accomplish personal daily living tasks independently.
According to an editorial published by Northwestern University, the cost of a patient’s treatment for a traumatic brain injury and the associated complications throughout the course of their lifetime is estimated at $85,000 to $3 million.
The Financial Impacts of Your Injury
Of course, medical expenses are not the only cost of a TBI. It is estimated that the unemployment rate of adults with TBIs two years after the onset of the injury is at about 60 percent, meaning that fewer than half of all adults who have incurred this type of injury are able to work years later. This startling statistic is accompanied by another: More than half of the individuals who are homeless in the U.S. are suffering from a TBI.
The Psychological Impacts of the Injury
Just as medical expenses aren’t the only cost associated with an Alexandria traumatic brain injury, not all impacts of a TBI are financial. The permanent disabilities experienced as a result of a TBI impact all aspects of the sufferer’s life, and often the lives of their family members, as well. Some of these impacts include:
- A change in relationships between the injured person and their family members, including spouses and children of the sufferer finding themselves in caregiving roles, a loss of physical intimacy and companionship experienced by the sufferer’s spouse, and the inability for the family to participate in activities or events that were formerly enjoyed due to the disabilities incurred through the injury
- The need for accommodations at work or at school so that the injured person can take extra breaks to combat the fatigue that is often associated with TBIs or to understand the work that has been assigned
- Emotional distress related to the injured person’s inability to provide for their family or the loss of job-related health insurance benefits that can be encountered if they are no longer able to work
For a free legal consultation with a Traumatic Brain Injury lawyer serving Alexandria, call (318) 416-0089
What Is the Process for Obtaining Compensation After an Alexandria LA Traumatic Brain Injury?
Individuals who have suffered a traumatic brain injury in Alexandria can seek compensation for the many impacts and expenses of the injury through the personal claims process. This process can include:
- Having a traumatic brain injury attorney in Alexandria submit a demand package to the company that carries an associated insurance policy for the at-fault party
- Your attorney entering settlement negotiations with the at-fault party’s insurance provider in an attempt to obtain an offer that fairly compensates you
- In lieu of a fair settlement offer, filing a personal injury lawsuit in court within one year of the date on which the accident occurred against the at-fault party’s insurance provider
Why Is the Claim Filed Against the Insurance Policy and Not the At-Fault Party Themselves?
Insurance is the means by which the vast majority of personal injury settlements and awards are paid. While it is possible to file a lawsuit against the at-fault party personally and even to obtain a judgment in your favor, it would likely be difficult to collect your award as most individuals cannot afford to pay for the expenses and impacts of a traumatic brain injury out-of-pocket.
How Liability Is Proven After a TBI injury
The term liability refers to who was legally responsible for the accident. In order to have a successful Alexandria traumatic brain injury claim, you must be able to show the following elements:
- The at-fault party had a duty to protect your health and safety by behaving in a legal and reasonably safe manner.
- This duty was breached when the at-fault party took illegal or unsafe actions that were contrary to caring for the safety of others.
- The breach resulted in an accident that caused you to incur a TBI, along with associated expenses and impacts.
The Damages that Are Available to You in a TBI Claim in Alexandria
The term “damage” refers to a payment made in compensation for harm. The types of expenses and impacts that are generally sought after someone has suffered a traumatic brain injury in Alexandria include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage (if applicable)
- Physical pain and suffering
- Emotional distress
Note: If your injury was the result of extreme misconduct, you could also be awarded punitive damages. Punitive damages involve compensation that is not related to the expenses and impacts of the injury but is ordered as a form of financial punishment against the defendant.
If You’ve Suffered a TBI, a Traumatic Brain Injury Lawyer in Alexandria Can Help
If you have suffered a TBI, it is important to speak with an experienced Alexandria traumatic brain injury lawyer who understands the level of compensation that this type of injury requires as well as the short statute of limitations placed on Louisiana personal injury claims. For your free case evaluation, contact us online.
Questions?Call (318) 416-0089
to find a Morris Bart office near you.