Head Injury Lawyer in Lafayette

Head injuries are a common occurrence that can result from a variety of accidents. They can range from mild concussions to severe brain injuries and can have lasting effects on an individual’s physical and emotional well-being.

If you or a loved one had suffered a head injury due to another party’s negligence, you can work with a Lafayette head injury lawyer to file a claim or lawsuit against the liable party.

A lawyer for a head injury at Gordon Mckernan Injury Attorneys can help you understand the long-term physical and financial devastation victims can go through, so we want to help you out as much as we can.

10 Stages of Brain Injury Recovery

The recovery process after a brain injury is situational because it depends on the type of injury, as well as the individual’s overall health. However, here are 10 common stages that may occur during the recovery process:

1. Coma: A state of deep unconsciousness from which the person cannot be awakened.
2. Vegetative state: A condition in which the person is unaware of their surroundings and does not respond to stimuli, but their basic functions like breathing and circulation continue.
3. Minimally conscious state: A condition in which the person shows some signs of awareness, such as occasional movement or response to stimuli.
4. Confusion and agitation: As the person begins to regain consciousness, they may experience confusion, restlessness, and agitation.
5. Rehabilitation: Physical, occupational, and speech therapy are often used to help the person regain strength, mobility, and communication skills.
6. Cognitive therapy: The person may work with a psychologist or other mental health professional to address any cognitive deficits caused by the brain injury.
7. Community re-entry: As the person becomes more independent and gains skills, they may begin to participate in community activities and return to work or school.
8. Long-term management: Depending on the severity of the brain injury, the person may require ongoing medical care, therapy, and support.
9. Emotional adjustment: Many people who have suffered a brain injury experience emotional changes, such as depression or anxiety, and may benefit from counseling or other forms of emotional support.
10. Continual improvement: Even after the initial recovery period, the person may continue to make progress over time, with ongoing therapy and support.

How We May Prove Negligence in Your Case

When individuals act negligently and cause harm to others, they can be held responsible for their actions. Negligence is a legal term that refers to the failure to exercise reasonable care to prevent harm to others. If a person’s negligent actions cause someone else to suffer a head injury or other damages, they may be ordered by a court to pay compensation to the victim.

Proving negligence in a situation like this requires establishing several key points:

First, the defendant must have had a duty of care to keep the victim safe from harm. For example, a driver has a duty to operate their vehicle safely and not to drive under the influence of alcohol.

Second, the defendant must have breached their duty of care by acting or failing to act in a way that caused harm to the victim. In the case of a drunk drivers, they breached their duty of care when they chose to operate their vehicle while intoxicated.

Third, the defendant’s breach of duty must have directly caused the accident that led to the victim’s head injury. 

Last but not least, the victim must have suffered a head injury and other damages as a result of the accident.

Damages That Can be Recovered in Your Head Injury Case

Since head injuries can be severe and life-changing, victims may recover economic and non-economic damages for all losses, including:

• Lost wages
• Pain and suffering
• Reduced earning capacity
• Medical bills
• Emotional distress
• Property damage
• Loss of enjoyment of life
• Loss of consortium (in the case of a wrongful death lawsuit)

How to File a Wrongful Death Claim in Louisiana

Losing someone in a car accident, or any type of accident for that matter can often feel unbearable. Although it won’t bring the person you care for back, filing a wrongful death claim with an experienced lawyer for head injuries can help you protect your rights and gain compensation for your unfortunate loss.

Here are the steps you need to take to file a wrongful death claim in Louisiana:

1. Call a fatal car accident lawyer at who can guide you and help you protect your rights.

2. Gather all evidence: Once you meet with a fatal accident lawyer at our firm to review your case, the next step will be to collect evidence like accident reports, witness statements, and medical records to help build your case as much as possible.

3. Decide who can file: Surviving spouses, children, and parents can file the claim, as well as siblings or other close relatives (this includes adoption as well).

4. Prove liability: You need to prove the other driver was responsible for the accident and the death. This may require expert testimony and accident reconstruction.

5. Gain compensation: If you win your wrongful death claim, you may be entitled to compensation for a variety of damages, including medical expenses, funeral expenses, lost wages, and loss of companionship.

Statute of Limitation Changes in Louisiana

In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

• 1 year for injuries sustained before July 1, 2024.
• 2 years for injuries suffered after July 1, 2024.

The statute of limitations is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.

Traumatic Head Injury Lawyer? Get Gordon!

Head injury accidents can affect everyone involved, including the families and anybody who may have some sort of connection to the accident. It doesn’t matter if your head injury is from a car, truck, or even motorcycle accident. If you experienced a head injury due to someone else’s negligence, contact us to arrange a FREE consultation, and we’ll go to work on your case immediately. Plus, the G Guarantee ensures that you won’t be required to pay us anything until we succeed in your case. It’s our promise to you!