What types of compensation can I receive for a TBI?

A traumatic brain injury (TBI) can have life-altering effects, including physical discomfort, sensory deficits, cognitive impairment, and changes in mood or behavior. If you've suffered a TBI as the result of another party's negligence, you may be able to file a personal injury claim to receive reimbursement for your injury-related expenses. Personal injury claims for a TBI

Understanding Brain Injuries

A TBI is any injury that impairs the brain's normal function, and this type of injury can have many different causes. Personal injury claims often involve a TBI that is the result of a car accident, but you can also sustain a TBI as the result of a slip and fall or a dog bite attack.

The mildest type of TBI is a concussion, which typically only requires physical and mental rest for a full recovery. The most serious types of TBI can cause death or lasting disabilities requiring constant nursing care.

Doctors classify a TBI as either open or closed. A patient with an open TBI has had an object physically penetrate the skull and enter the brain. A patient with a closed TBI has suffered a bump, blow, or jolt to the head. A closed TBI is the most common type of injury.

People can suffer a TBI at any age, but children are the most vulnerable because their brains are still developing. If a child suffers a TBI, his parent or legal guardian can file a personal injury claim on his behalf.

Types of Compensation for a TBI

If your TBI is caused by another party's negligence, you can file a personal injury claim to receive compensation for the following:

  • Medical expenses. You can receive reimbursement for emergency care, diagnostic tests such as MRIs or X-rays, surgery, medication, and therapy. If you will need ongoing medical care or physical, speech, and occupational therapy, the anticipated costs of these can also be included in the settlement.
  • Lost wages. This category of compensation includes work time missed while you were recovering from your injury as well as any applicable reduction in your future earning potential due to the long-term effects of a TBI.
  • Pain and suffering. Personal injury claims for pain and suffering include reimbursement for both the physical trauma and the emotional pain of being injured.

Medical expenses and lost wages are calculated based on documented expenses related to the accident. Pain and suffering is most often calculated as a multiplier of your medical expenses. In cases involving a serious TBI, settlements can be substantial due to the level of impairment the plaintiff experiences.

Fault and Eligibility for Compensation

Louisiana personal injury law still allows you to collect compensation for a TBI even if you were partially at fault for the accident. However, your settlement will be reduced by your assigned percentage of fault. This means, if you were 25% at fault for the accident, you'd receive 75% of what the settlement would be if the other party was entirely responsible.

Neblett, Beard & Arsenault Can Help

To protect your legal rights, it's vital that you enlist the services of an attorney who is experienced in handling personal injury claims involving a TBI. Your attorney can line up experts to testify on your behalf and negotiate for the highest possible settlement.

Personal injury attorneys work on a contingency fee basis, which means there is no upfront expense associated with your case. Your attorney will accept a percentage of the settlement as a fee for his services. Any necessary case expenses will also be paid out of the settlement, so you're free to focus on your recovery without worrying about the cost of representation.

Neblett, Beard & Arsenault is committed to helping Louisiana residents who've been injured due to the negligence of others receive fair and prompt personal injury settlements. Please call today to schedule a free, no-obligation case review at one of our six convenient locations throughout the state.