Brain Injury Attorney in Louisiana
Brain injuries can be some of the most devastating injuries you can endure. They can occur due to a number of accidents and incidents, but no matter how you or a loved one has suffered a traumatic brain injury (TBI), you need legal help.
When you’ve suffered a brain injury due to someone else’s negligence, you need an experienced brain injury attorney to help you navigate your legal rights, figure out your recourse, and get you the compensation you need to come to terms with your new reality.
What Causes a Traumatic Brain Injury?
While a TBI can be caused by just about any accident, and can happen anywhere, there are a few types of accidents that tend to result in more traumatic brain injuries. Let’s take a closer look at the top four causes of TBIs, as reported by the CDC.
TBIs Can Be Caused by Dangerous Products
The appliances, equipment, and other products you use every day can cause accidents and TBIs. When an item is badly designed or poorly made, or if it’s not sufficiently safety-tested during manufacture, accidents become more likely when customers use that product—and those accidents can include brain injuries.
Products as diverse as toys, electronics, household appliances, vehicle parts, and heavy machinery can cause TBIs when they malfunction or when improperly used. Sadly, many products fail to provide the necessary warnings or instructions for safe use in their packaging, which only increases the chances that a user experiences a possibly debilitating injury.
Who’s liable when a dangerous product malfunctions, causing an injury? In many cases, the negligent manufacturer bears the brunt of the blame. However, other parties can share in the liability for your TBI from a faulty product, including engineers, designers, suppliers, distributors, and retailers.
A Work Accident Can Cause a TBI
Accidents at work are a common cause of TBIs, whether due to plant explosions, equipment failures, vehicle crashes, offshore accidents, or other workplace accidents. Workers in risky jobs are especially at risk for traumatic brain injuries, including those who work:
- With industrial equipment: When employees are improperly trained on equipment or given inadequate safety guards, they can fall victim to serious work accidents, including job-related TBIs. The chance for serious injury only increases if the equipment is poorly-maintained or defective.
- High above the ground: Construction workers, roofers, loggers, line workers, electricians, and others all work at higher elevations. Naturally, their risk of serious injury in the case of a fall is much higher than workers in other industries.
- With volatile substances: Louisiana has a booming oil and gas industry. However, that means that many of our refinery workers, as well as those in manufacturing and the chemical industry deal with hazardous chemicals that can cause explosions and traumatic brain injuries.
Depending on how you’ve received your work-related TBI, there might be multiple parties liable, and you could have multiple claims for recovery. For example, you could have a worker’s compensation claim and a separate TBI claim, depending on your injuries and how they were sustained.
TBIs Can Result from Traffic Accidents
The National Center for Biotechnology Information reports that car accidents cause about one out of every two survivable TBIs, and one out of four fatal TBIs. This means brain injuries caused by car accidents are the second leading cause of TBI hospitalizations and death.
- People between 15–24 years old have the greatest risk of suffering a crash-related brain injury.
- While driver negligence is commonly a factor in TBI-causing wrecks, other causes include defective vehicle parts, negligence of motor carriers, and other factors.
- It usually takes careful investigation to determine the liability for TBIs caused by auto wrecks.
Falling Is the #1 Cause of TBIs
Falls cause about 1/3 (33%) of deadly brain injuries, and the CDC reports that those fatal falls have risen by more than 20% in the last 15 years. Falls can include anything from slip and fall accidents to falls from tall heights, like roofs or ladders.
Some of the morbid truths about fall-caused brain injuries are these:
- For adults over 55, falling is especially risky: They’re much more likely to sustain severe injuries alongside a traumatic brain injury when they fall, including broken bones and others.
- A number of factors can cause falls that lead to TBIs, including dangerous premises, faulty equipment, and more.
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Main Types of TBI
Although all types of traumatic brain injury can be potentially devastating, there are gradations in severity of TBIs, from mild to moderate and severe.
Mild TBI & Concussion
Most of the TBIs caused every year are mild TBIs or concussions, as reported by the CDC. These mild TBIs are caused by
- bumps, blows, or jolts to the head
- a hit to the body that makes the head and brain shake back and forth quickly
These sudden movements can cause a number of ill effects, including
- bouncing or twisting of the brain
- chemical changes in the brain
- brain cells to stretch or become damaged
All of these effects can lead to changes in the victim’s behavior, thoughts, emotions, sleep patterns, and more.
Even though concussions and mild TBIs aren’t as serious as they could be, mild TBIs and concussions still require medical care. What’s worse, mild TBIs and concussions are cumulative, meaning that if you sustain more than one, it’ll take you even longer to heal.
If you’ve experienced a brain injury or other serious injury, contact a doctor as soon as you can for a diagnosis and treatment plan. Then, call the team at Gordon McKernan Injury Attorneys to discuss your legal options as you begin your healing process. The process is complex, but our team of experienced brain injury attorneys will make sure the process is fast and smooth.
Moderate to Severe TBI
A moderate or severe TBI is caused by a more severe bump or blow to the head, or by a penetrating injury to the head, like a gunshot. According to the CDC, severe TBIs are linked to thousands of deaths a year in the U.S.
Even for those who survive, a moderate or severe TBI can cause long-term or even life-long health issues that can affect all aspects of their lives.
Most moderate and severe TBIs are caused by falls, firearms, motor vehicle crashes, assaults, and a number of other factors. Victims often require lengthy hospital stays, ongoing care to help with their recovery, and other expensive mitigation throughout their lives. In 2010 dollars, the lifetime economic cost of TBI was estimated to be around $76.5 billion.
Potential Compensation for Traumatic Brain Injuries
Recovery from a TBI can incur significant costs. For many victims, a TBI means a significant change in their lifestyle, including lifelong impairment of their mental acuity and physical ability.
For this reason, you deserve a brain injury lawyer who can get you the compensation you need to recover from your traumatic brain injury. There are two main types of compensation you can seek for the losses you’ve incurred: compensatory losses and non-compensatory losses. Compensatory losses generally include medical costs, wage losses, and other expenses, like specialized equipment or home modifications.
The costs you’ve been incurring after your TBI—hospital bills, rehabilitation expenses, and more—are only the tip of the iceberg. The costs will continue to build, and they can mount quickly, between necessary medical equipment, ongoing care, and more.
You need to work with an experienced brain injury attorney in Louisiana to help you recover your out-of-pocket expenses you’ve paid for your injury, now and in the future.
People who suffer TBIs are often unable to work, for weeks, months, or even years. Victims and their families miss out on the victims’ future wages for that entire period, which puts them under massive financial strain. Even if you’re eventually able to return to work, you can enter a claim for the wages you’ve lost while recovering from your brain injury.
Other TBI-related Expenses
Often, TBI victims require specialized equipment to recover, including hospital beds, wheelchairs, and even home modifications. If someone else is responsible for your injury, they should also be responsible for these costs. The experienced brain injury attorneys at Gordon McKernan Injury Attorneys are here to help you recover those costs from the at-fault party. Give us a call to discover what other damages you can seek in your TBI case.
How Gordon Can Help You Recover After a Traumatic Brain Injury
As soon as you receive your TBI diagnosis, you should call the Get Gordon team. Your Team Matters, and you’ll want to call a brain injury lawyer right away for the following reasons:
- You should file a TBI case quickly. In Louisiana, the statute of limitations means that you have one year to file your claim. If you put off talking to a TBI lawyer for too long, you might miss out on your chance to recover.
- Don’t rely on your insurance to look out for you. Insurance companies are businesses, which means they’re necessarily more concerned about their bottom line and not about making sure you have what you need to heal. Gordon McKernan Injury Attorneys provides the G Guarantee, stipulating that we don’t get paid til we win or settle your case—so you can trust that we’ll fight with all we’ve got for your interests.
- You don’t have to know all of the facts of your case before talking to a traumatic brain injury lawyer. You don’t even need to know who’s liable for your injury. We can help you figure out those aspects of your TBI claim while advocating for your rights and getting you the money you deserve.
When you get Gordon, you’ll be able to move forward quickly with filing your traumatic brain injury claim as well. There are plenty of reasons you should file your claim quickly, including the following:
- The at-fault parties might already be crafting their defense. Especially if you’ve been in an 18-wheeler crash, or if you’ve suffered a TBI due to a work injury, the trucking company or factory owner may deploy a team to immediately start collecting evidence so they don’t have to pay your claim.
- The evidence you’ve suffered a traumatic brain injury can disappear over time: accident witnesses can get harder to find, pictures and records can be lost or damaged, and sometimes they even get intentionally destroyed.
When you work with the experienced brain injury lawyers with Gordon McKernan Injury Attorneys, they’ll take the lead on the legal parts of your case, so you can focus on healing from your serious injuries.
Call Gordon Today If You’ve Suffered a TBI
When you suffer a traumatic brain injury, your life might change forever. While you may have to fight to get the compensation you deserve for your injuries, you don’t have to fight alone: our team of attorneys at Gordon McKernan Injury Attorneys is here to help you fight for your rights while negotiating a settlement or in court.
Call the team that cares for a free, no-strings consultation about the facts of your TBI case. An experienced TBI attorney will review your story and discuss your legal options.
We can help you recover the compensation you need to move on from your brain injury and help your family regain financial independence. Your Team Matters. Call Gordon McKernan today.
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