Shreveport Brain Injury Lawyer
Suffering even a mild brain injury can have profound and lasting effects on a person’s life, potentially leading to lifelong complications or disabilities. However, victims of head trauma caused by someone else’s negligence can take legal action in order to receive maximum compensation to make a full recovery. At Rice & Kendig, our Shreveport brain injury attorneys understand the complexities of TBI cases and have decades of combined experience helping victims pursue justice and fair compensation. Whether your injury occurred due to a negligent driver, employer, property owner, or product manufacturer, our legal team is here to advocate for you. Don’t hesitate to call a Shreveport brain injury lawyer at 318-222-2772 to schedule a free consultation today.
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) is a serious medical condition that occurs when there is a sudden impact or blow to the head, resulting in damage to the brain. TBIs can range from mild to severe and can have a wide range of physical, cognitive, and emotional effects.
While mild TBIs, such as concussions, may resolve with rest and conservative treatment, moderate to severe TBIs can cause long-term complications and may require extensive medical intervention and rehabilitation.
Types of Traumatic Brain Injuries and Their Symptoms
Traumatic brain injuries (TBIs) can manifest in various forms, each with its own set of symptoms and implications for the victim’s health and well-being.
Mild TBI
Mild traumatic brain injuries, often referred to as concussions, are among the most common types of TBIs. While considered less severe, they can still have significant effects on accident victims.
Symptoms of a mild TBI may include:
- Headaches,
- Confusion,
- Dizziness,
- Nausea,
- Sensitivity to light or noise,
- And temporary loss of consciousness.
In many cases, symptoms may not appear immediately after the injury, making it crucial for individuals to seek medical attention if they suspect they have suffered a concussion.
While most people recover fully from mild TBIs with rest and conservative treatment, some may experience lingering symptoms or post-concussion syndrome, requiring ongoing medical monitoring and support.
Moderate to Severe TBI
Moderate to severe traumatic brain injuries are characterized by more profound and potentially life-threatening symptoms. These injuries often cause:
- Prolonged loss of consciousness,
- Memory loss,
- Cognitive deficits,
- Physical impairments,
- Difficulty speaking or understanding language,
- Impaired motor function,
- Seizures,
- And personality or mood changes.
Treatment for moderate to severe cases of TBIs typically involves a multidisciplinary approach, including emergency medical care, neurosurgery, rehabilitation therapy, and long-term monitoring. The prognosis for individuals with moderate to severe TBIs varies depending on the full extent of the injury and the effectiveness of treatment interventions.
Acquired Brain Injury
Acquired brain injuries (ABIs) occur due to non-traumatic factors such as stroke, infection, tumors, or lack of oxygen to the brain caused by medical malpractice or birth injuries. While ABIs differ from TBIs in their etiology, they can still have similar symptoms and long-term consequences.
Common symptoms of ABIs may include:
- Cognitive impairments,
- Speech and language difficulties,
- Motor deficits,
- And changes in behavior or personality.
Treatment for ABIs focuses on addressing the underlying cause of the injury and managing symptoms to improve the individual’s quality of life. Depending on the severity of the ABI and the extent of brain damage, traumatic brain injury victims may require ongoing medical care, rehabilitation therapy, and support services to optimize their recovery and functional outcomes.
Open Head Injury
The types of head injuries discussed previously are often considered closed head injuries, meaning there is no penetration to the skull or brain.
Open head injuries, on the other hand, are a type of traumatic brain injury characterized by a fracture or penetration of the skull, resulting in direct exposure of the brain tissue to the external environment. These injuries often occur as a result of high-impact events such as gunshot wounds, stabbing incidents, or severe blunt force trauma.
Symptoms of open head injuries may include:
- Visible head wounds,
- Skull fractures,
- Bleeding from the head,
- Cerebrospinal fluid leakage,
- Immediate loss of consciousness,
- And coma.
Open head injuries can have severe and life-threatening consequences, requiring prompt medical attention and surgical intervention to minimize damage and prevent complications.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can occur as a result of various accidents and incidents, often stemming from negligence or recklessness. Understanding the common causes of brain injuries in Shreveport is crucial in preventing these injuries and seeking legal recourse for victims.
Slip and Fall Accidents
Slip and fall accidents are the top cause of traumatic brain injuries, especially among older adults and young children, accounting for about 50% of all TBI-related hospitalizations in the U.S. according to CDC data.
These accidents can occur due to hazardous conditions such as wet floors, uneven surfaces, or inadequate lighting. Property owners have a legal obligation to maintain safe premises and may be held liable if their negligence contributes to a slip and fall accident resulting in a TBI. Similarly, nursing homes have an obligation to keep their facility free from tripping hazards and also keep a close eye on residents as they walk around. Failure to do so can result in a nursing home abuse and neglect claim.
Motor Vehicle Collisions
Another leading cause of TBIs in the United States is motor vehicle collisions such as car accidents, trucking accidents, motorcycle accidents, etc. The force of impact in a motor vehicle accident can cause the head to strike against hard surfaces or be whipped back and forth, resulting in head injuries ranging from mild concussions to severe TBIs. Negligent motorists who engage in reckless behavior, such as speeding, distracted driving, or driving under the influence of alcohol or drugs, may be held accountable for the injuries they cause.
It’s crucial to hire a Shreveport car accident lawyer at Rice & Kendig so that they can negotiate a fair settlement with the liable party’s insurance company. Insurance companies will always try to minimize payouts to accident victims, but an experienced lawyer can ensure that you get a fair settlement from your insurance claim.
Workplace Accidents
Work-related accidents, particularly in industries such as construction, manufacturing, and transportation, can also result in traumatic brain injuries. Falls from heights, being struck by falling objects, or being involved in machinery accidents can all lead to head injuries with serious consequences.
Employers have a legal duty to provide a safe working environment and comply with occupational safety regulations. When employers fail to uphold these responsibilities and their negligence results in a worker suffering a TBI, the injured worker may be entitled to workers’ compensation benefits and, in some cases, pursue a personal injury lawsuit against the negligent party. Be sure to consult with a Shreveport traumatic brain injury lawyer to determine if you have grounds to file a lawsuit.
Defective Products
Defective products, such as faulty safety equipment, defective vehicles, or poorly designed consumer goods, can increase the risk of serious injury to consumers and may cause traumatic brain injuries. Product manufacturers, distributors, and retailers may be held liable for injuries caused by a defective product under product liability laws. Victims of TBI caused by defective products may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Consulting with a knowledgeable personal injury attorney who has experience handling product liability cases is essential for pursuing a successful claim and holding negligent parties accountable.
Violent Assaults
Intentional acts of violence, such as assaults and physical altercations, can result in traumatic brain injuries with severe consequences. In addition to facing criminal charges, perpetrators of violent acts may be subject to civil lawsuits seeking compensation for the injuries they cause.
Victims of violent assaults may suffer physical, emotional, and financial damages, including medical expenses, lost income, pain and suffering, and diminished quality of life. Consulting with a compassionate and experienced personal injury attorney can help victims of violent assaults understand their legal rights and pursue justice and compensation for their injuries.
Treatment Options for Traumatic Brain Injuries
Medical treatment options for traumatic brain injuries (TBIs) vary depending on the severity of the injury and the specific symptoms experienced by the individual. While mild TBIs may only require rest and conservative management, moderate to severe TBIs often necessitate more intensive interventions to address the complex needs of the patient. Recovering from traumatic brain injuries in Louisiana may involve the following treatment options:
- Immediate medical intervention and stabilization to identify and treat brain damage, intracranial bleeding, or swelling.
- Surgery, especially in cases of severe TBIs with intracranial bleeding or skull fractures.
- Medications such as pain relievers, anti-seizure drugs, antidepressants, or stimulants to improve alertness and attention.
- Rehabilitation therapy to help TBI survivors regain lost skills, maximize function, and achieve the highest possible quality of life.
- Psychological support such as counseling, psychotherapy, and support groups, to help victims cope with the physical, cognitive, and emotional challenges of a TBI.
Long-Term Complications From Traumatic Brain Injuries
Long-term consequences associated with traumatic brain injuries (TBIs) can significantly impact an individual’s quality of life and functional abilities, even after the initial injury has healed. While the severity and nature of these complications can vary depending on the extent of the brain injury and individual factors, some common long-term effects of TBIs include:
- Cognitive Impairments: TBIs can lead to persistent difficulties with memory, attention, concentration, and executive functioning, making it challenging to perform daily tasks and engage in meaningful activities.
- Emotional and Behavioral Changes: Many TBI survivors experience mood swings, irritability, depression, anxiety, and other emotional disturbances, which can affect their relationships, social interactions, and overall well-being.
- Physical Disabilities: Severe TBIs may result in physical disabilities such as paralysis, weakness, balance problems, and coordination difficulties, limiting mobility and independence.
- Chronic Pain: Some TBI survivors experience persistent headaches, neck pain, and other types of chronic pain, which can further impair functioning and diminish quality of life.
- Post-Concussion Syndrome: Post-concussion syndrome is a common complication of mild TBIs, characterized by lingering symptoms such as headaches, dizziness, fatigue, and cognitive difficulties that persist for weeks, months, or even years after the initial injury.
- Seizures: TBIs can increase the risk of developing epilepsy and recurrent seizures, which may require ongoing medication management and lifestyle adjustments to control.
- Sleep Disturbances: Many TBI survivors experience disruptions in their sleep patterns, including difficulty falling asleep, staying asleep, or experiencing restorative sleep, which can exacerbate other symptoms and impair recovery.
Can You Sue for a Traumatic Brain Injury?
If you have suffered a traumatic brain injury (TBI) due to the negligence or wrongful conduct of another party, you may have grounds for a personal injury lawsuit. Traumatic brain injuries can have devastating consequences, impacting your physical health, cognitive abilities, emotional well-being, and financial stability. Pursuing legal action allows TBI victims to seek compensation for their injuries and hold the responsible parties accountable for their negligence. Whether your TBI resulted from a car accident, slip and fall incident, workplace injury, or another type of accident, consulting with an experienced personal injury attorney is crucial to understand your rights and determine liability in your case.
Proving Negligence in a TBI Claim
Successfully proving negligence in a traumatic brain injury (TBI) claim requires demonstrating four key elements:
- Duty of Care: The first element of negligence involves establishing that the liable party owed the plaintiff a duty of care to act reasonably and avoid causing harm. In the context of a TBI claim, this may involve demonstrating that the defendant had a legal obligation to exercise reasonable care to prevent injuries to others, such as obeying traffic laws to prevent car accidents or maintaining safe premises to prevent slip and fall accidents.
- Breached Duty of Care: The next step is to show that the at fault party breached their duty of care by failing to act reasonably under the circumstances. This may involve providing evidence that the defendant’s actions or omissions fell below the standard of care expected of a reasonable person in similar circumstances, such as driving recklessly, ignoring safety regulations, or failing to warn of known hazards.
- Causation: Once duty and breach of duty have been established, the plaintiff must prove that the defendant’s negligent conduct directly caused the plaintiff’s traumatic brain injury. This requires demonstrating that the defendant’s actions or omissions were a substantial factor in bringing about the plaintiff’s injury and that the injury would not have occurred but for the defendant’s negligence.
- Damages: Finally, the plaintiff must prove that they suffered actual damages as a result of the traumatic brain injury. This may include economic damages, non-economic damages, and even punitive damages incurred due to the injury. Providing documentation and evidence of the plaintiff’s damages is essential to securing compensation in a TBI claim.
Successfully proving all four elements of negligence is essential for determining liability and recovering compensation for their injuries and losses. An experienced Shreveport personal injury attorney can help gather evidence, navigate the legal process, and advocate for the victim’s rights to ensure they receive fair and just compensation for their traumatic brain injury.
TBI Damages
When pursuing a legal claim for a traumatic brain injury (TBI), victims may seek compensation for various types of damages to address their physical, emotional, and financial losses. These damages can be categorized into economic and non-economic damages, each serving to compensate the victim for different aspects of their injury and resulting hardships.
Economic Damages
Economic damages in a traumatic brain injury (TBI) claim are intended to compensate the victim for tangible financial losses incurred as a result of the injury. These damages may include:
- Past and future medical bills,
- Rehabilitation expenses,
- Caregiving expenses,
- Lost wages,
- Funeral and burial expenses if the TBI resulted in wrongful death. If you are the surviving family member of a deceased TBI victim, be sure to schedule an initial consultation with a Shreveport wrongful death attorney at Rice & Kendig to learn more about the types of damages you could recover.
Non-Economic Damages
Non-economic damages in a personal injury case are intended to compensate the victim for intangible losses and hardships that are not easily quantifiable in financial terms. These damages may include:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- And loss of enjoyment of life.
Why You Need a Shreveport Traumatic Brain Injury Attorney on Your Side
Seeking legal representation from a Shreveport traumatic brain injury lawyer is crucial to navigating the complexities of a TBI claim and ensuring you receive the compensation you deserve. With their expertise and experience in handling personal injury cases, a skilled attorney can provide invaluable assistance and support throughout the legal process. Here are several reasons why you need a Shreveport traumatic brain injury attorney from Rice & Kendig on your side:
- Legal Knowledge and Experience: Traumatic brain injury cases involve intricate legal principles and procedures, which can be challenging to navigate without the guidance of a knowledgeable attorney. An experienced attorney understands the intricacies of TBI claims and can effectively advocate for your rights and interests.
- Investigation and Evidence Gathering: A Shreveport traumatic brain injury attorney will conduct a thorough investigation into the circumstances surrounding your injury, gather evidence to support your claim, and consult with medical experts to assess the extent of your injuries and damages.
- Negotiation with Insurance Companies: Insurance companies often try to minimize payouts or deny valid traumatic brain injury cases altogether. Having an attorney on your side can level the playing field and ensure you are not taken advantage of during negotiations. Your attorney will handle all communication with insurance adjusters and work to secure maximum compensation that adequately compensates you for your losses.
- Litigation Representation: If negotiations with the insurance company are unsuccessful, your attorney will be prepared to take your traumatic brain injury case to court and advocate for your rights in front of a judge and jury. With their litigation experience and courtroom skills, your attorney will fight tirelessly to achieve the best possible outcome for your case.
- Peace of Mind: Dealing with the aftermath of a traumatic brain injury can be overwhelming, both physically and emotionally. By entrusting your case to a compassionate and dedicated attorney, you can focus on your recovery while they handle the legal aspects of your claim, providing you with much-needed peace of mind during this challenging time.
Call Shreveport Brain Injury Lawyers at Rice & Kendig Today
If you or a loved one has suffered a traumatic brain injury (TBI) as a result of negligence, don’t hesitate to seek legal representation from the experienced Shreveport brain injury lawyers at Rice & Kendig. Our dedicated team understands the devastating impact that catastrophic injuries can have on victims and their families, and we are committed to helping you pursue justice and fair compensation for your injuries. With decades of combined experience in handling all sorts of personal injury cases, we have the knowledge, resources, and determination to advocate for your rights and fight for the compensation you deserve. Don’t wait – call our law firm today at 318-222-2772 to schedule a free case evaluation and take the first step towards securing the legal representation you need to protect your future.