Understanding Brain Injury Cases
A traumatic brain injury (TBI) occurs when the brain experiences serious trauma, either through direct impact or severe jolting. These injuries can range from mild concussions to severe, life-altering trauma.
Types of Brain Injuries
- Mild Traumatic Brain Injuries: Often called concussions, these injuries can have serious lasting effects despite being labeled "mild."
- Moderate to Severe TBI: These life-altering injuries often require extensive rehabilitation and long-term care.
- Penetrating Head Injuries: When objects penetrate the skull, the resulting injuries are often catastrophic.
- Anoxic Brain Injuries: When the brain is deprived of oxygen, the damage can be devastating.
- Diffuse Axonal Injuries: These severe injuries, often caused by rotational forces in car accidents, require extensive medical documentation and expert testimony.
Impact of Brain Injuries
- Physical Impacts: Victims often struggle with chronic headaches, impaired coordination, vision problems, and potential seizures.
- Cognitive Changes: Memory loss, concentration difficulties, and impaired judgment can make returning to work or managing daily tasks impossible.
- Emotional Effects: Personality changes, mood swings, and depression frequently accompany brain injuries, affecting relationships and quality of life.
At Rice & Kendig, we understand the profound impact a brain injury has on both victims and their families. Our team combines deep medical knowledge with proven legal skill to handle all types of brain injury cases in Shreveport and throughout Louisiana.
Common Causes of Brain Injuries We Handle
We handle brain injury cases resulting from various causes, with motor vehicle accidents being the leading source of TBI in Shreveport. Our extensive experience allows us to thoroughly investigate each unique case type and build powerful claims for maximum compensation.
Types of Compensation Available for Brain Injury Victims
Brain injuries can create overwhelming financial burdens for victims and their families. At Rice & Kendig, we understand the true cost of these injuries extends far beyond initial medical bills. That's why we fight aggressively for comprehensive compensation that secures your future.
Medical Care Coverage
We ensure all your healthcare needs are covered, from emergency treatment through long-term recovery. This includes hospital stays, surgeries, various therapy services (cognitive, physical, speech, occupational), medications, and future medical procedures your injury may require.
Lost Income & Career Impact
Brain injuries often affect your ability to work temporarily or even permanently. We pursue compensation for current lost wages, reduced future earning potential, and necessary career changes, including job retraining costs.
Daily Care Support
A brain injury may require significant lifestyle modifications. Our team fights for compensation covering home modifications, assistive devices, in-home care services, and specialized transportation needs to help you adapt to life after injury.
Personal Impact Damages
Beyond financial losses, we pursue compensation for the profound personal impact of your injury, including:
- Physical pain and emotional suffering
- Loss of life enjoyment and experiences
- Changes to family relationships
- Mental anguish and distress
- Loss of consortium damages for your spouse
The amount of compensation varies based on injury severity, long-term prognosis, and other factors. Our experienced brain injury attorneys know how to document and prove these damages, ensuring no aspect of your loss goes uncompensated. Insurance companies often try to minimize brain injury claims — we make sure they understand and acknowledge the true impact of your injury.
Critical Steps After a Brain Injury: Your Action Plan for Protection
After a brain injury, every decision matters. Here's your essential guide to protecting your health and legal rights:
Seek Immediate Medical Care
Even if you feel fine initially, some brain injury symptoms may not appear immediately. Early diagnosis and treatment are crucial for your health and legal case. The longer you wait to seek treatment, the more ammunition you give insurance companies to dispute your injury's severity.
Document Everything
Keep detailed records of:
- Medical appointments and treatments
- Medication changes and effects
- Daily symptoms and challenges
- Changes in ability to work
- Impact on daily activities
- Expenses related to your injury
Consider keeping a daily journal describing how the injury affects your life — this detailed documentation often becomes crucial evidence in proving the full impact of your injury.
Follow Your Treatment Plan
Stick to your doctor's recommendations and attend all follow-up appointments. This helps your recovery and strengthens your legal case by showing you're taking your injury seriously. Missing appointments or ignoring medical advice can significantly damage your claim, as insurance companies will argue you're not really injured.
Avoid Insurance Company Tactics
Don't give statements or accept settlement offers without legal representation. Brain injury impacts often emerge over time, and early settlements rarely account for long-term needs. Remember: Insurance adjusters may seem friendly, but their job is to pay you as little as possible — anything you say can be used against you.
Contact an Experienced Attorney
The sooner you have legal representation, the better your rights will be protected. We'll use our decades of experience to handle insurance companies and start building your case while you focus on recovery. Time is critical in brain injury cases – important evidence can disappear quickly, and Louisiana law sets strict deadlines for filing claims.
Taking these steps immediately after your injury can make the difference between receiving fair compensation and struggling with mounting medical bills. Let Rice & Kendig guide you through this challenging time while protecting your right to full compensation.
Understanding Louisiana Brain Injury Laws
Successfully navigating a brain injury case requires a deep understanding of Louisiana's complex legal landscape. Here are the key legal elements that could affect your case:
Filing Deadlines (Statute of Limitations)
Louisiana's statute of limitations (SOL) for brain injury cases has recently changed. A statute of limitations is the time frame to file a lawsuit against the at-fault party. Here are the old and new SOLs:
- Injuries before July 1, 2024: 1-year filing deadline.
- Injuries after July 1, 2024: 2-year filing deadline.
Certain types of brain injury claims, particularly those involving government entities or premises liability, require specific notice within strict timeframes. Missing these deadlines can compromise your right to compensation.
Comparative Fault
Louisiana's pure comparative fault system means you can recover damages even if you are partially at fault. Your compensation gets reduced by your percentage of fault, but you're not barred from recovery. For example, if you're found 20% at fault and your damages are $100,000, you can still recover $80,000.
Multiple Liable Parties
Brain injury cases often involve multiple responsible parties. We investigate thoroughly to identify all potential sources of compensation, including:
- Vehicle drivers
- Property owners
- Equipment manufacturers
- Healthcare providers
- Government entities
Louisiana law holds each defendant responsible based on their percentage of fault. Understanding these complex liability rules is crucial for maximizing your recovery from all responsible parties.
Struggling After Your Accident? We're Here to Help.
At Rice & Kendig, our Shreveport car accident lawyers have more than 40 years of experience helping clients receive the justice and compensation they deserve. Get your free case review now!
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(318) 222-2772