A traumatic brain injury (TBI) can lead to serious physical, emotional, and financial consequences. If your injury was caused by another party’s negligent actions, you may be eligible to seek damages.
Regardless of the severity of your TBI, dealing with legal aspects of a personal injury can be frustrating. By hiring an attorney, you can delegate legal struggles to a professional, improve your shot at fair compensation, and gain time for healing.
A Lafayette traumatic brain injury lawyer from Morris Bart can help you get the money you deserve. Don’t hesitate to contact us for a free consultation at any time.
How to Establish Negligence in a Traumatic Brain Injury Case
Proving negligence of another party is the key to getting compensated for your traumatic brain injury. To start negotiating and reach a fair settlement, you will need to prove the following:
- Duty of care – showing that the other party had the responsibility to provide you with certain care. For example, a grocery store owner is responsible for providing a safe shopping environment.
- Breach of duty – showing that the other party didn’t provide you the required care by violating laws, acting recklessly, or failing to act reasonably. For example, a grocery store owner must put up a warning sign near a spill. If they don’t do it, and you slip, you may be entitled to compensation.
- Causation – proving that the breach of duty of care resulted in your injuries.
- Damages – proving that you experienced loss due to the injuries that were caused by the breach of duty.
Proving negligence without professional legal assistance can be problematic. Even if your case seems straightforward, you may end up facing a low settlement amount.
Comparative Negligence in Louisiana
Louisiana is a comparative negligence state. This means that even if you are partially at fault for the incident that caused your TBI, you may be entitled to compensation.
The size of your compensation will be reduced by the percentage of your fault. For example, if the compensation amount is $100,000, and the court finds you 40% at fault, you will only get $60,000.
When it comes to determining the percentage of your fault, having an experienced Lafayette traumatic brain injury attorney by your side is crucial. Questionable moments (e.g. the percentage of liability) in personal injury cases are a perfect breeding ground for doubt. The other party’s attorney will do everything possible to take advantage of your lack of legal experience to minimize your compensation.
For a free legal consultation with a Traumatic Brain Injury lawyer serving Lafayette, call (337) 446-4571
Why You Need a Traumatic Brain Injury Attorney in Lafayette, LA
While you aren’t obligated to hire a personal injury lawyer after suffering a TBI, working with a legal expert can be highly beneficial.
A Lafayette traumatic brain injury attorney can give you clear instructions on communicating with the police, getting contact details from witnesses, and seeking medical assistance.
Important: The statute of limitations on traumatic brain injury cases in Louisiana is one year. The clock starts running on the day of the accident.
Establishing Damages in a TBI Case
When you suffer a traumatic brain injury, damages can be hard to establish. If your injury was caused by another person’s negligence, you may be compensated for:
- Loss of income
- Loss of earning potential
- Medical treatment (past and future)
- Rehabilitation costs
- Pain and suffering
- Loss of consortium or companionship
Establishing emotional anguish or the cost of future therapy may be complicated. The other party’s lawyers are likely to fight hard to minimize the settlement.
A personal injury attorney knows how to calculate damages in a TBI lawsuit, gather relevant evidence, collect experts’ testimonies, and much more. Quick and professional legal actions can contribute to a positive outcome of your case.
Insurance companies and other defendants in personal injury cases try to take advantage of TBI victims who forgo legal representation. Without an attorney working for you, it’s nearly impossible to get fair compensation.
The defendant in your personal injury case is likely to have an experienced lawyer, who will do everything possible to minimize the settlement.
Negotiating with professional legal experts without experience can be tough. Most likely, you’ll end up getting less money than you deserve.
If you don’t hire a traumatic brain injury lawyer, you may need to wait until you feel better to dive into legal activities. During that time, the other party will have a chance to build a strong defensive line.
You could also lose the opportunity to get fresh witness testimony and gather time-sensitive evidence. Eventually, the time you lose while recovering from the TBI could play a decisive role in the outcome of your case.
How do You Know If You Have a Strong Traumatic Brain Injury Case?
If you’ve suffered a traumatic brain injury that was caused by someone’s negligence you may have a case. This may have happened if you:
- Were in a traffic accident
- Slipped and fell on a business property
- Used a defective product
- Received poor care from your healthcare provider
- Suffered a TBI in the workplace
The easiest way to determine whether you have a case is to contact a Lafayette traumatic brain injury lawyer.
Contact a Traumatic Brain Injury Lawyer in Lafayette, LA Today
Obtaining fair compensation in a traumatic brain injury lawsuit without an attorney can be problematic. By working with a legal expert, you can improve your chances of winning the case and collecting damages timely.
At the Morris Bart law firm, we work hard to help our clients get what they deserve. Contact our team for a free evaluation today.
Questions?Call (337) 446-4571
to find a Morris Bart office near you.