Hundreds of thousands of Americans suffer a traumatic brain injury (TBI) in an accident each year. Since the brain controls the nervous system and other vital functions, even a relatively “mild” brain injury or concussion may have serious, permanent consequences. Medical costs may be staggering, and the injured person may never be able to return to full-time employment. If your family is suffering because of an accident caused by a negligent individual or business, the experienced Lafayette brain injury lawyers at Broussard & David can help. We regularly recover substantial verdicts and settlements for victims and families in car accident, truck crash, boating accident, product liability, and wrongful death cases, among many others. Our personal injury attorneys can help you pursue maximum compensation from any responsible party.Establishing Liability for a Brain Injury Under Louisiana Law
Some of the leading causes of brain injuries are car, truck, and motorcycle accidents, as well as slip and falls, on-the-job accidents, dangerous or defective products, boating accidents, and accidents at sea. There may be multiple theories of liability in a brain injury case, as in any other personal injury lawsuit. For instance, after a motor vehicle collision, a claimant may have a simple negligence claim against a fellow motorist. Louisiana negligence law requires that the plaintiff in such a case prove that the defendant owed a legal duty of care, the defendant breached that duty, the plaintiff incurred damages, and there was causation between the breached duty and the damages. The plaintiff must prove each element by a preponderance of the evidence.
In addition to a simple negligence claim, the plaintiff may also have a possible product liability claim if an automobile or another device or component proved to be unreasonably unsafe due to a design defect, a manufacturing defect, or a failure to warn. In such a case, the plaintiff may be able to recover damages from the manufacturer, wholesaler, or retailer of the product. Possible product liability theories may include negligence, strict product liability, or a claim such as breach of warranty.
Although detailed proof of the plaintiff’s damages is critical in any personal injury or wrongful death lawsuit, this is particularly vital in a case involving a brain injury, TBI, concussion, or other closed head injury. The resulting conditions may involve a lifetime of medical expenses, special care, and loss of employment options. Expert testimony from physicians, physical therapists, and vocational experts can help a judge and jury understand the full impact and implications of the plaintiff’s brain injury, increasing the likelihood of obtaining appropriate compensation for the accident victim and their family. Certain family members may also be entitled to loss of consortium damages or compensation for the loss of the victim’s society and companionship.Consult a Brain Injury Lawyer in Lafayette or the Surrounding Areas
If you or a family member has suffered a brain injury due to another party’s negligence, you need reliable legal counsel. Issues such as comparative fault, uninsured or underinsured motorist coverage, and the statute of repose for certain claims may complicate what initially appears to be a simple case. Insurance company representatives have a duty to protect the bottom line of the insurer, and they are not required to provide a victim with a fair settlement. To put a knowledgeable, assertive Lafayette brain injury attorney to work protecting your rights, call Broussard & David at (888) 337-2323 or contact us online. Our head trauma lawyers also assist victims in New Orleans, Baton Rouge, New Iberia, Eunice, Lake Charles, and Alexandria, as well as other communities in Lafayette, Orleans, East Baton Rouge, Iberia, St. Landry, Calcasieu, and Rapides Parishes.