Brain Injuries FAQs

Q. Who may sue for a traumatic brain injury?

A. Any child or adult whose traumatic brain injury was caused by somebody else's fault.

Q. Who may I sue for a traumatic brain injury?

A. Any one whose negligent or intentional misconduct caused the injury may be sued and held responsible. This includes drivers, owners of dangerous property, construction site operators, product manufacturers, physicians and hospitals.

Q. What if I was partly at fault for the accident that caused my injury?

A. Louisiana is a "comparative negligence" state, and a person can still recover damages for their injuries if there is at least one other party at fault. The amount of your recovery is reduced by the percentage of your negligence.

Q. Do I need to quickly investigate the accident that resulted in a traumatic brain injury?

A. Yes. Because of the seriousness of the injury, you or your attorney should conduct a thorough investigation as soon as possible. An investigation is necessary to preserve evidence and to establish fault.

Q. What damages am I entitled to recover for a traumatic brain injury?

A. Under Louisiana law, if you've suffered a traumatic brain injury you may recover all of your past and future medical expenses, loss of income and impairment of future earning capacity, past and future pain, suffering and emotional distress.

Q. How soon after my accident do I need to file my case?

A. Under Louisiana law, you have one year from the date of the injury to file a lawsuit against the responsible party.

Q. Do I need to hire an attorney?

A. It's a good idea to hire an attorney to help establish who may be at fault and conduct a full investigation into the facts and circumstances surrounding your case.

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