Traumatic brain injuries can occur to a victim of any age and in any type of accident. These injuries often require emergency medical evaluation and care and can pose a threat to a victim’s health and quality of life long-term. An attorney can help you fight for the compensation you are eligible for under the law in a traumatic brain injury accident that arises from negligence.
Determining Liability for a Traumatic Brain Injury
If you suffer a traumatic brain injury, you will want to know who is responsible and liable to you for your losses. Traumatic brain injuries are common injuries after an accident due to negligence. When the actions of another party cause injury to you, the law allows you to seek compensation from the parties at fault.
Negligence that Can Lead to a TBI
Insurance companies and the courts look to the standards of negligence under the law to evaluate whether a party is at fault for your injuries. If a party’s actions meet the elements of negligence, they will likely be liable to you for the losses you sustain as a result of your injuries and the losses that stem from your injuries in the future.
Parties that may be liable for a TBI include:
- A motor vehicle driver
- A landowner, homeowner, or property owner
- A business or organization
- A manufacturer of a dangerous or defective product
For a free legal consultation with a Traumatic Brain Injury lawyer serving Shreveport, call (318) 553-5470
Damages Available to a Victim of a Traumatic Brain Injury
Seeking compensation for a traumatic brain injury is complex. An article by Northwestern University indicates that a TBI can result in losses of $85,000 to $3 million per patient. These are not cumulative losses but only financial losses that relate to medical treatment throughout the lifetime of a patient.
It is not surprising that a traumatic brain injury is often considered one of the most expensive injuries to a victim and survivors can face insurmountable losses that stem from a TBI accident. The law allows for a victim of a TBI due to negligence to seek compensation for their economic and non-economic losses through an insurance claim or lawsuit against the party or parties at fault for the accident.
The costs of medical treatment and rehabilitation for TBI can be very costly. Unfortunately, many survivors of a TBI will require long-term medical support for their injuries and complications that arise from those injuries. In cases of severe TBI, it is not uncommon for a victim to sustain lifelong disabilities and conditions that will continue to need medical care.
Lost wages in the immediate aftermath of a TBI accident are quite common, but for some victims, the losses will carry on for weeks, months, or a lifetime. Lost income does not only include the current losses of your income due to your inability to work, but also the impacts on your potential income in the future that is affected by your injury.
Pain and Suffering
The damages for pain and suffering can be difficult to calculate but an insurer can consider evidence of the impact your injuries have on your physical, emotional, and mental wellbeing. Emotional and mental trauma is common after catastrophic type accidents that result in a serious injury such as a TBI. In addition, pain and suffering from your injuries and during the recovery and necessary medical treatments are also recoverable under the law.
The Statute of Limitations for Seeking Recovery in a Traumatic Brain Injury Case in Louisiana
Each state sets its own limitations on the amount of time a victim of an accident or injury will have to bring legal action against a potentially at-fault party. Under Louisiana’s statute of limitations, a traumatic brain injury victim in most cases has only one year from the date of the incident to bring forward a lawsuit against the party or parties responsible. The state’s statute of limitations is notable because it is a significantly shorter time period than most other states in the U.S.
Failure to bring a claim for damages in court against the at-fault party within the appropriate time can result in your inability to seek recovery for your losses. It is necessary to quickly take action in your case after a traumatic brain injury.
Keep in mind that the negotiation of insurance settlements, particularly for complex cases such as traumatic brain injuries, can take time. If you are not careful and aware, the statute of limitations can run up while you are still awaiting a resolution. Contacting a traumatic brain injury lawyer in Shreveport as soon as possible after your injury can begin to set the wheels in motion and ensure you are well within your rights to file suit for your damages.
Should You Hire a Shreveport LA Traumatic Brain Injury Attorney?
A traumatic brain injury attorney in Shreveport LA can help you understand the extent of your injuries and the damages that you can be eligible for under the law. Do not let an insurer gain the upper hand in your case. Seek a knowledgeable and experienced Shreveport TBI lawyer that will guide you through the process of a claim or lawsuit if necessary to fight for the compensation you need and deserve.
Questions?Call (318) 553-5470
to find a Morris Bart office near you.