A traumatic brain injury (TBI) refers to any head injury caused by outside trauma. The trauma can be a direct blow to the head or the result of force causing the brain to impact the skull. However, not all brain injuries are TBIs. There is another type known as acquired brain injuries (ABIs), which are caused by internal factors—oftentimes lack of oxygen. However, there is a tendency for people to confuse ABIs with TBIs, especially when ABIs are the secondary result of an accident, such as when an injury leads to a stroke.
While all brain injuries are serious, they vary in severity. Mild TBIs—also known as concussions—are the least severe type of TBI, while moderate and severe TBIs are both serious injuries that can have long-term impacts. Well-practiced catastrophic injury attorneys understand that the terminology can be confusing given that moderate TBIs can be severe injuries, and mild TBIs are still serious. A knowledgeable Metairie traumatic brain injury lawyer could help translate this medical diagnosis for you so that you understand the genuine impact these injuries could have on your life.
Degrees of TBIs
Concussions often resolve without medical intervention over the course of weeks or months. Historically, concussions have not been taken very seriously since obvious symptoms tend to fade sooner. However, recently, the medical community has stressed that the impact of concussions can be cumulative. While symptoms may appear to resolve, underlying damage can impact the victim in various ways. Subtle behavior changes, emotional lability, and other issues may linger.
Although they are distinct, people often lump moderate and severe TBIs into the same category because they share many of the same symptoms, including:
- Impulsivity
- Memory impairments
- Muscle weakness
- Trouble balancing
- Emotional instability
- Changes in perception
- Sensory complications
- Coordination problems
- Difficulty concentrating
- Comprehension problems
- Difficulty communicating
- Problems controlling behavior
The amount and severity of the symptoms someone is experiencing likely indicates the severity of the head injury. That being said, even a moderate TBI can have a dramatic impact on someone’s ability to work and care for themselves.
The financial damages available to an injured person depend on the impact of the TBI. Proving that impact often requires expert medical testimony because insurers and defendants frequently push back against injury claims, suggesting that the victim’s injury is not as severe as they claim. Their testimony could help support short-term and long-term disability claims. A skilled TBI lawyer could find experts local to Metairie to testify to the extent of a person’s injuries.
Damages Available After TBIs
Damages in legal cases are typically categorized into three main types: economic, non-economic, and punitive. Each plays an important role: economic and non-economic damages both try to restore the victim to where they were before the injury; punitive damages focus on punishing people for particularly egregious behavior.
Economic Damages
Economic damages compensate people for their direct financial losses, such as medical bills, lost wages, and loss of earning capacity. However, quantifying these damages can be complicated. In Louisiana, individuals have a year to file their personal injury claims, but they may not even know the full extent of their injuries’ impact at that time. Despite this, they must work with their medical teams to come up with an estimate of the lifelong costs of those injuries.
Non-Economic Damages
Non-economic damages attempt to compensate people for losses that cannot be easily quantified in monetary terms. These include things like loss of consortium, pain and suffering, and emotional distress. The emotional impact of TBIs can be dramatic, especially since depression, anxiety, and irritability are some of the symptoms of a TBI.
Punitive Damages
Generally, Louisiana discourages punitive damages. They are only available when the person who caused the injury behaved outrageously. An experienced legal professional could advise whether punitive damages may be available in a particular case.
A dedicated Metairie attorney familiar with TBIs could pursue damages that account for the worst-case scenarios because recovery—physically, financially, and emotionally—is never guaranteed.
Consult a TBI Lawyer in Metairie
Louisiana has a one-year statute of limitations, meaning you may need to be prepared to file a lawsuit before you have had time to adjust to your injuries. This puts victims in high-pressure situations. Fortunately, a committed Metairie traumatic brain injury lawyer could help by explaining potential remedies, filing deadlines, determining fair settlement amounts, and more. Schedule a consultation today to learn more about your rights.
