Delphin Law Offices PLC

doctor's hand showing x-ray pictures of a patient's brainTraumatic Brain Injury Lawyer Lake Charles, LA

Traumatic brain injuries are one of the more difficult parts of personal injury law, as they are often more catastrophic and life changing than others. The brain controls everything a person’s body does, which affects a person greatly. You absolutely deserve compensation if you were in an accident caused by someone else and sustained brain damage from it. Whether the injuries are permanent or will hopefully heal, it is important to contact a traumatic brain injury lawyer in Lake Charles, LA, like one from Delphin Law Offices, right away to begin working on getting compensation for your injuries. 

TBI Compensation You May Seek

There are many different damages you can seek in a traumatic brain injury case. Some of the most common include: 

  • Compensation for medical costs such as surgeries needed, physical therapy or other treatments to try to relearn how to do certain tasks, and anything else that is necessary to help a person heal from a brain injury. 
  • Compensation for any in-home care that you need after getting a TBI. Some things become difficult for people who have a brain injury. If you need to hire someone to come help, you should be compensated for this. 
  • Compensation for pain and suffering. This is not always recommended for personal injury cases, but since TBI cases are often more life changing than other injury cases, a lawyer may suggest to do so. 
  • Damages for loss of consortium and companionship. Brain injuries can cause many problems in relationships and with partners. Even if you cannot get this part of your life back, you and your partner should be compensated for this. 
  • Compensation for lost wages due to missed work. This could be the work that you already missed as well as future wages that you will not get because of your injuries.

An experienced lawyer will know how much each of these damages is worth and how to file properly to have your best chance at receiving them. 

What Causes a Traumatic Brain Injury? 

Brain injuries can result from a variety of accents and according to the Center for Disease Control and Prevention (CDC), these are the following top causes for brain injury:

  • Slip and falls: About one out of every five falls can cause an injury, which includes brain injury, according to the CDC.
  • Unintentional blunt trauma: An example of this is be getting hit with a falling item at a construction site because it is unintentional but still blunt force trauma. 
  • Motor vehicle accidents: About 14% of all brain injuries are from car and truck accidents. These accidents are also responsible for about 26% of all deaths related to a traumatic brain injury.
  • Physical assault: about 10% of all brain injuries were caused by violence.
  • Medical malpractice: when the medical professional fails to properly monitor the patient or accidentally causes oxygen
    deprivation during a medical procedure, it can result in serious brain damage. 

What Are Symptoms of a TBI? 

Most people fail to realize that brain injuries are fairly common and often go undiagnosed. The CDC estimates that there are more than 1.5 million people who suffer a brain injury each year and about 85,000 suffer a long-term disability and about 50,000 die.

When there is severe head trauma, it can impair physical and cognitive functions or even render the victim comatose. Even seemingly minor accidents can lead to serious brain injury, and knowing the signs and symptoms is what can make the difference between getting treated as quickly as possible or not at all. Here are some of the signs to look out for after an accident: 

  • Dizziness
  • Memory loss
  • Headaches
  • Nausea
  • Changes in vision or hearing
  • Sleep problems
  • Slurred speech or trouble finding words
  • Emotional changes such as depression and anxiety

Documenting The Impact Of A Traumatic Brain Injury

Guidance from Delphin Law Offices PLC in Lake Charles, LA

Traumatic Brain Injuries (TBIs) are among the most severe and life-altering injuries an individual can sustain. The aftermath of a TBI can be overwhelming, not just for the victim but also for their loved ones. Proper documentation of the injury and its effects is crucial for both medical and legal purposes. Delphin Law Offices PLC, a leading law firm in Lake Charles, LA, offers insights on how to effectively document the impact of a TBI.

1. Immediate Medical Records

  • Emergency Room Reports: Ensure you have a copy of the initial report from the emergency room visit following the injury. This will detail the immediate symptoms and the preliminary diagnosis.
  • Imaging Results: MRIs, CT scans, and other imaging tests provide tangible evidence of the injury. These images, along with the radiologist’s interpretations, are crucial.

2. Ongoing Medical Documentation

  • Neurologist Reports: Regular visits to a neurologist can help track the progression or improvement of the injury. Their detailed reports will provide insights into the severity and potential long-term implications of the TBI.
  • Physical Therapy Records: If the TBI victim undergoes physical therapy, these records can showcase the extent of the injury’s impact on motor functions and the progress made over time.
  • Cognitive Therapy Records: TBIs often affect cognitive functions. Records from cognitive therapy sessions can highlight challenges and improvements in memory, problem-solving, and other mental functions.

3. Personal Diary or Journal Encourage the TBI victim or their caregiver to maintain a daily diary. This should detail:

  • Physical Symptoms: Headaches, dizziness, fatigue, etc.
  • Cognitive Challenges: Memory lapses, difficulty concentrating, etc.
  • Emotional and Psychological Changes: Mood swings, depression, anxiety, etc.
  • Daily Activities: Note any activities or tasks that have become challenging post-injury.

4. Witness Statements Family members, friends, and colleagues can provide statements detailing the changes they’ve observed in the TBI victim. These can be particularly impactful in showing the injury’s effect on daily life and interpersonal relationships.

5. Financial Documentation

  • Medical Bills: Keep a detailed record of all medical expenses related to the TBI.
  • Lost Wages: If the TBI has resulted in the victim being unable to work, document the loss of income. This includes potential future earnings if the injury leads to permanent disability.

6. Visual Documentation

  • Photos and Videos: Visual evidence of the injury’s immediate aftermath and the recovery process can be compelling. This might include photos of visible injuries, videos of therapy sessions, or clips that show daily challenges faced by the victim.

A Traumatic Brain Injury can have profound and lasting effects on an individual’s life. Proper documentation is not only essential for medical treatment but also crucial if seeking legal redress. Delphin Law Offices PLC in Lake Charles, LA, understands the intricacies of TBI cases and is committed to ensuring victims and their families receive the justice and compensation they deserve. If you or a loved one has suffered a TBI due to someone else’s negligence, reach out to Delphin Law Offices PLC for expert legal guidance.

How a Lawyer Can Help 

If you or someone you love has suffered a brain injury and accident, talking with a trusted traumatic brain injury lawyer in Lake Charles, CA is a good place to start. A lawyer can answer your questions and deal with insurance companies on your behalf so that you can focus on healing. They also work closely with investigators, industry experts, and medical professionals to ensure that you are appropriately compensated for your losses, which can include: 

  • Medical bills
  • Rehabilitation
  • Long-term care
  • Lost wages
  • Lost earning power
  • Pain-and-suffering

A lawyer can investigate to see how the accident happened and why you may deserve to receive compensation for your injuries. You deserve to have your life as close to normal as possible despite being involved in the accident. Your lawyer can gather proof and speak to others on your behalf to determine what steps to take next. Your lawyer will also make sure that you do not miss any statute of limitations for filing and that you have the best chance to get a good amount of compensation. Contact one of the experienced traumatic brain injury lawyers from Delphin Law Offices today to learn more. 

If you or a loved one have suffered a traumatic brain injury due to the negligence of others, then talking to a traumatic brain injury lawyer in Lake Charles, LA, may benefit you. Dealing with a traumatic brain injury can be stressful and you may not know what to do. Talking to a lawyer about how to get the compensation you deserve is a good place to start. 

There are a variety of reasons that could lead you to suffer a traumatic brain injury, and a lawyer is there to help guide you through getting compensation. 

Elements of Negligence in TBI Cases

Traumatic Brain Injuries (TBIs) can be life-altering, and when they result from another party’s negligence, victims have the right to seek legal compensation. To successfully pursue a claim, it’s essential to understand and prove the elements of negligence. Delphin Law Offices PLC, a prominent law firm in Lake Charles, LA, breaks down the critical components of negligence in TBI cases.

1. Duty of Care The first element to establish is that the defendant owed a duty of care to the plaintiff. This means that the defendant had a responsibility to act (or refrain from acting) in a manner that would prevent harm to the plaintiff. For instance:

  • A driver has a duty to obey traffic laws and drive safely to prevent harm to others on the road.
  • A property owner has a duty to maintain safe premises for visitors.

2. Breach of Duty Once it’s established that a duty of care existed, the next step is to prove that the defendant breached this duty. This breach could be an action or a failure to act. Examples include:

  • A driver texting while driving, leading to a collision.
  • A property owner failing to fix a known hazard, like a broken staircase, leading to a fall.

3. Causation It’s not enough to show that the defendant breached their duty of care; it must also be proven that this breach directly caused the plaintiff’s TBI. This involves demonstrating:

  • Cause in Fact: Often referred to as “but-for causation,” this means that “but for” the defendant’s actions, the injury would not have occurred.
  • Proximate Cause: This means that the injury was a foreseeable result of the defendant’s actions or negligence.

4. Damages Finally, to have a valid negligence claim, the plaintiff must have suffered actual damages. In TBI cases, damages can be extensive and may include:

  • Medical expenses (both current and future)
  • Lost wages and potential future earnings
  • Pain and suffering
  • Loss of enjoyment of life
  • Rehabilitation costs

Challenges in TBI Cases

TBIs can be particularly challenging in legal cases because:

  • The full extent of the injury might not be immediately apparent.
  • There can be a range of symptoms, some of which might be subtle or develop over time.
  • Proving the link between the defendant’s negligence and the TBI can be complex, especially if there are other potential causes or pre-existing conditions.

Traumatic Brain Injury Law FAQs

What is the average settlement for a traumatic brain injury case?

The settlement amount for a traumatic brain injury (TBI) case can vary widely based on several factors, and it’s challenging to pinpoint an “average” settlement. However, some factors that can influence the settlement amount include:

  1. Severity of the Injury: Mild TBIs might result in lower settlements compared to moderate or severe TBIs, which can have life-altering consequences.

  2. Medical Expenses: This includes both past and future medical bills related to the injury. Surgeries, rehabilitation, therapy, medications, and long-term care can all contribute to the cost.

  3. Lost Wages and Earning Capacity: If the victim is unable to return to work or can’t earn at the same capacity as before the injury, this potential loss of income will be factored into the settlement.

  4. Pain and Suffering: This refers to the physical and emotional distress caused by the injury. It’s a non-economic damage, meaning it doesn’t have a direct cost associated but is instead a subjective value placed on the victim’s suffering.

  5. Life Care Costs: For severe TBIs, victims might need assistance with daily activities for the rest of their lives. This can include home modifications, assistive devices, and daily caregiving.

  6. Impact on Quality of Life: If the victim can no longer participate in activities they once enjoyed or if their relationships suffer due to the injury, compensation might be higher.

  7. Liability: The clearer it is that the defendant was at fault, the higher the potential settlement. If there’s shared fault, the settlement might be reduced based on the victim’s percentage of responsibility.

  8. Quality of Legal Representation: Having an experienced attorney can significantly influence the outcome of a TBI case. They can effectively negotiate with insurance companies and present a compelling case if it goes to trial.

  9. Jurisdiction: Settlement amounts can also vary based on where the case is filed. Some jurisdictions are known to award higher settlements or verdicts than others.

  10. Insurance Policy Limits: Sometimes, the defendant’s insurance policy limit might cap the amount that can be recovered.

While it’s difficult to provide an average settlement amount without considering all these factors, TBI cases, especially severe ones, can result in substantial settlements or verdicts, sometimes reaching into the millions of dollars. However, smaller cases with less severe injuries might settle for tens of thousands to a few hundred thousand dollars.

It’s essential to consult with an attorney who can evaluate the specifics of a particular case and provide a more accurate estimate based on the circumstances and jurisdiction.

What are the damages for traumatic brain injury?

Damages for traumatic brain injury (TBI) refer to the compensation that a victim may be entitled to receive due to the injury. These damages can be categorized into economic (or special) damages and non-economic (or general) damages. In some cases, punitive damages may also be awarded. Here’s a breakdown:

1. Economic Damages (Special Damages)

These are tangible costs that can be directly attributed to the injury:

  • Medical Expenses: This includes costs for emergency room visits, hospital stays, surgeries, medications, medical equipment, and any other related medical treatments. It also covers future medical expenses if ongoing care is needed.

  • Rehabilitation Costs: TBIs often require extensive rehabilitation, including physical therapy, occupational therapy, speech therapy, and other specialized treatments.

  • Lost Wages: Compensation for the time the victim was unable to work due to the injury.

  • Loss of Earning Capacity: If the TBI affects the victim’s ability to work in the future, either by limiting the kind of work they can do or preventing them from working altogether, they may be compensated for potential future earnings.

  • Home Modification and Assistive Devices: If the TBI results in long-term or permanent disability, the victim might need modifications to their home or assistive devices to help with daily activities.

2. Non-Economic Damages (General Damages)

These are intangible costs that don’t have a direct monetary value:

  • Pain and Suffering: Compensation for the physical pain and emotional distress the victim has endured due to the injury.

  • Emotional Distress: TBIs can lead to psychological impacts, including depression, anxiety, and post-traumatic stress disorder (PTSD).

  • Loss of Enjoyment of Life: If the TBI prevents the victim from enjoying activities and hobbies they once loved.

  • Loss of Consortium: Compensation for the adverse effects the TBI has on the victim’s relationship with their spouse or family. This can refer to a loss of companionship, affection, or intimate relations.

3. Punitive Damages

These are not awarded in every case but are meant to punish the defendant for particularly reckless or malicious behavior and to deter similar behavior in the future. They are awarded over and above compensatory damages (which include both economic and non-economic damages).

4. Wrongful Death Damages

If a TBI results in death, the victim’s family may be entitled to damages related to the loss of their loved one, including funeral expenses, loss of financial support, and loss of companionship.

It’s essential to note that the specific damages available and their amounts can vary based on jurisdiction, the specifics of the injury, and the circumstances of the accident. Consulting with an attorney experienced in TBI cases is crucial to understand and pursue the full range of damages to which a victim may be entitled.

Delphin Law Offices PLC Lake Charles Traumatic Brain Injury Lawyer

626 Broad Street Lake Charles, LA 70601

Contact Our Lake Charles Traumatic Brain Injury Lawyer

Successfully pursuing a TBI claim based on negligence requires a comprehensive understanding of the law and meticulous gathering of evidence. Delphin Law Offices PLC in Lake Charles, LA, boasts a team of dedicated attorneys with expertise in handling TBI cases. They work diligently to ensure that victims of negligence receive the justice and compensation they rightfully deserve. If you or a loved one has suffered a Traumatic Brain Injury due to someone else’s negligence, reach out to Delphin Law Offices PLC for a thorough evaluation of your case.

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