Suffering from a traumatic brain injury (TBI), whether permanent or temporal, can be life-altering. Disrupted development in children, physical and cognitive disabilities, emotional and social setbacks are some adverse effects that may result from a TBI. Generally, sustaining a brain injury is financially draining in terms of medical costs and loss of wages.
If you have a traumatic brain injury caused by the negligent actions of another person, a traumatic brain injury lawyer in Lake Charles can help you pursue compensation for the damages incurred. While medical records may be readily available to prove your condition, tying the injury to the accident and proving that the defendant owed you a duty of care is always the most challenging part.
At Morris Bart, LLC, we have accumulated experience representing clients in similar cases. Hence, we understand how to navigate the nuances of TBI claims and build a strong case. For more information, fill out our free case evaluation form, and we will get back to you.
Getting a Proper TBI Diagnosis Is Essential
TBI may result from various situations such as accidents (falls, sporting activities, vehicle accidents, assault), medical negligence, explosive blasts, etc. The injury can manifest immediately following the traumatic incident or develop gradually over time.
While there are obvious symptoms associated with TBI, such as confusion, blurred vision, tinnitus (ringing in the ears), loss of consciousness or memory, seizures, headaches and dizziness, and so forth, getting a proper diagnosis is essential. This is because identifying the extent of the injury allows for immediate treatment, thereby preventing the condition from deteriorating. Essentially, a TBI may be classified as mild, moderate, or severe, depending on whether it’s a concussion (effect of a mild shakeup), contusion (bruise), skull fracture, or anoxic (caused by an insufficient supply of oxygen to the brain).
Before commencing the legal process, we will ensure you have received the proper diagnosis and are undergoing appropriate treatment. This is crucial as the medical records are vital in developing a solid case.
For a free legal consultation with a Traumatic Brain Injury lawyer serving Lake Charles, call (337) 377-0514
Our TBI Claim Process
TBIs are pretty common in the United States. According to PubMed.gov, over 1.5 million Americans suffer from TBI each year, ranging from mild to severe. Out of these injuries, 1.4 million end up in emergency room visits.
At Morris Bart, our traumatic brain injury attorneys in Lake Charles understand the financial burden associated with TBI treatments and resulting losses from the incapacitation. For this reason, we have committed to helping TBI patients whose condition is caused by the negligent actions of others find justice.
According to Justia, you have a right to bring a lawsuit against the negligent party based on the legal theory of negligence. Once you contact us, we will do our investigations to gain a background understanding of the situation. If the injury has affected your memory, causing you to forget accident details, we can still gather the information from alternative sources, such as medical records, eyewitnesses, police reports, etc.
Elements of Negligence in TBI Cases
The essence of interviewing you is to gain a clear understanding of the circumstances that led to the injury to establish the defendant’s contribution. Legally, we can only sue the defendant if we can prove these four elements:
Duty
We must be able to prove that the defendant owed you a duty of care. For instance, if you were in a car accident that involved negligent driving, we will develop the case to demonstrate that the negligent driver owed you a duty of care.
Breach
For a claim to be valid, the defendant must have breached their duty. In the example above, by driving negligently, the driver breached their duty of minding the safety of their passengers and other road users.
Causation
We will also be expected to prove that breach of duty by the defendant caused the accident that led to your injuries. For example, we will argue that the accident caused you to bump your head against an object sustaining injuries.
Damages
Lastly, the law requires us to demonstrate that the injuries you suffered from the defendant’s actions resulted in substantial damages. Here we will need to compile evidence such as medical bills, nursing care expenses, a letter from the employer indicating your absence from work, and any other records showing incurred costs or losses.
Damages Awarded in TBI Cases
A TBI study published by the National Center for Biotechnology Information (NCBI) states that, mainly, the financial compensation depends on the severity of the injury. Essentially, you will be entitled to receive compensation for:
Medical Expenses
If the claim is successful, you will recover the medical expenses you have incurred so far, as well as any likely future medical bills. These may include costs related to medical tests, hospitalization, medication, scans, surgery, therapy, travel expenses, nursing care, etc.
Lost Wages
You also have a right to compensation for lost wages during your hospitalization and recovery. If you have suffered a permanent disability and cannot return to work, you are entitled to claim future earnings, which are calculated based on your current annual wage.
Pain and Suffering
The settlement should also include compensation for the pain and suffering you have experienced following the injury. Your Lake Charles traumatic brain injury lawyer should help quantify an appropriate amount as there’s no direct way of cumulating your pain and suffering losses.
Punitive Damages
Sometimes, you may also receive punitive damages. However, we must be able to prove that the defendant knowingly disregarded your safety. The compensation is awarded as punishment to the defendant to deter future incidences.
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Let a Lake Charles Traumatic Brain Injury Attorney Represent You
At Morris Bart, we have a proven history of representing clients in personal injury cases, dating over four decades. Our Lake Charles, LA lawyers are ready to evaluate your case and provide you with the best representation possible.
Once we establish your case, we will do our best to defend your rights and fight for your settlement. While past wins do not in any way guarantee future success, our 40+ years of experience and thousands of won cases should give you confidence that you have a great team handling your case. Fill out our free case evaluation form and tell us more about your case.
Questions?Call (337) 377-0514
to find a Morris Bart office near you.
