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Brain injury cases in Lafayette often arise from motor vehicle collisions on I-10 and US 90, falls on unsafe property, workplace and industrial incidents, sports or recreation impacts, defective products, and medical errors. The law treats brain injuries as personal injury or wrongful death claims, and in some situations as workers compensation, medical malpractice, maritime law, or product liability matters. Proving a traumatic brain injury involves medical evidence, expert testimony, and a clear link between the incident and the cognitive, physical, or emotional changes that follow. Because symptoms can be subtle and delayed, careful documentation and timely action are essential.
Lafayette is in Lafayette Parish and is served by the 15th Judicial District Court and Lafayette City Court. Louisiana law controls most brain injury claims here. Key rules include a generally short one-year prescription period for personal injury claims, pure comparative fault that can reduce but not bar recovery, and special procedures for medical malpractice and claims against public bodies.
Many brain injury claims are complex and high stakes. A lawyer can help you:
- Investigate the incident quickly, secure video, vehicle data, incident reports, and witness statements before they disappear.
- Coordinate early and appropriate medical evaluation by neurologists, neuropsychologists, and rehabilitation specialists to document the injury and its effects.
- Prove causation by linking the mechanism of injury to imaging, testing, and symptom progression, especially in mild TBI where scans may be normal.
- Navigate Louisiana specific rules such as the one-year filing deadline, the direct action statute against insurers, the medical review panel process for malpractice, and workers compensation limitations.
- Identify all liable parties and coverages, including at-fault drivers, employers, property owners, product manufacturers, uninsured motorist policies, and excess insurance.
- Protect your claim against comparative fault arguments and defenses unique to Louisiana premises and auto law.
- Value lifetime needs, including future care, lost earning capacity, assistive technology, and home modifications, using vocational and life care planning experts.
- Negotiate with insurers that may minimize or dispute brain injuries, and file suit when necessary in the correct Lafayette area court.
Deadlines to file - prescription: Most Louisiana personal injury and wrongful death claims must be filed within one year of the injury or death. Some claims have different deadlines. Medical malpractice claims generally have a one-year period from the act or discovery, with a three-year outer limit. Jones Act maritime claims for seamen typically have a three-year limit. Missing a deadline can bar recovery, so act quickly.
Comparative fault: Louisiana follows pure comparative fault. Your compensation is reduced by your percentage of fault but is not barred entirely even if you are mostly at fault.
Direct action against insurers: Louisiana generally allows injured people to sue a liable party's insurer directly in many circumstances. This can affect strategy and how cases are litigated.
Punitive damages are limited: Punitive damages are not usually available unless a statute allows them. A notable example is injuries caused by an intoxicated driver, which can support exemplary damages.
Seat belt evidence: In most Louisiana personal injury cases, failure to wear a seat belt cannot be used to reduce damages.
Medical malpractice specifics: Louisiana requires most med mal claims to go through a medical review panel before filing in court. Total damages in qualified medical malpractice cases are capped, with future medical expenses handled separately, and claims involve the Louisiana Patient's Compensation Fund.
Workers compensation: Work injuries are generally handled through Louisiana workers compensation, which provides wage loss and medical benefits and limits lawsuits against employers. Some cases also involve third-party claims against others who caused the injury.
Premises liability and merchant cases: For falls in stores and similar merchants, Louisiana law requires proof that the condition presented an unreasonable risk, that the merchant either created it or had actual or constructive notice, and that the merchant failed to exercise reasonable care. Prompt evidence collection is critical.
Auto insurance and uninsured motorist coverage: Louisiana requires insurers to offer uninsured and underinsured motorist coverage unless the insured rejects it in writing. UM coverage can be vital in brain injury cases where the at-fault driver has low limits.
Bad faith claims handling: Louisiana law penalizes insurers for arbitrary and capricious failure to timely pay claims. This can apply to both liability and first-party claims, subject to specific conditions.
Government defendants: Claims involving a state agency, parish, or city may have special service requirements, limitations, and procedures. Consult counsel promptly to preserve your rights.
Products liability: Defective helmets, vehicles, machinery, or safety equipment can trigger claims under the Louisiana Products Liability Act, which requires proof of a defect and causation.
Seek medical care immediately, even if symptoms seem mild. Report the incident to police, your employer, or the property owner as applicable. Photograph vehicles, hazards, and visible injuries. Collect witness names. Do not give a recorded statement to an insurer before speaking with a lawyer. Keep a symptom diary from day one.
Most Louisiana personal injury claims must be filed within one year from the date of injury. Medical malpractice and maritime claims have different rules. Because exceptions and shorter practical timelines may apply, consult a Lafayette area lawyer as soon as possible.
Potential damages include past and future medical expenses, rehabilitation and therapy, lost wages, diminished earning capacity, pain and suffering, loss of enjoyment of life, and loss of consortium for certain family members. In drunk driving cases, punitive damages may be available.
Many TBIs do not show on routine imaging. Proof often relies on mechanism of injury, documented symptoms, neurocognitive testing, specialist evaluations, and testimony from family, coworkers, and clinicians. Early and consistent treatment records are key.
Under Louisiana's pure comparative fault, you can still recover damages reduced by your percentage of fault. Do not assume you are barred. A lawyer can evaluate fault allocation and gather evidence that may reduce your share of responsibility.
Yes, most Louisiana medical malpractice claims must go through a medical review panel before a lawsuit can proceed. The panel reviews evidence and issues an opinion that can be used in court. Deadlines still apply while the panel process is pending.
If you were injured in the course and scope of employment, workers compensation should cover reasonable medical care and wage benefits, regardless of fault. You may also have a separate third-party claim if someone other than your employer contributed to the injury.
Provide only basic information needed to open a claim, then consult a lawyer before any recorded statement. Insurers may use your statements against you, especially when symptoms evolve over time as they often do with brain injuries.
Timeframes vary based on liability disputes, injury severity, treatment course, and whether suit is filed. Many brain injury cases take 9 to 24 months or longer. Complex malpractice or products cases can take more time.
You can still recover for the aggravation or worsening of a preexisting condition. Clear medical records and expert opinions help show how this incident changed your baseline and caused new or increased limitations.
15th Judicial District Court - Lafayette Parish Clerk of Court. Main courthouse in Lafayette for civil injury lawsuits.
Lafayette City Court. Handles certain civil matters within city jurisdiction.
Louisiana Department of Health - Traumatic Brain Injury Program. Offers resources, services, and TBI Trust Fund support.
Brain Injury Association of Louisiana. Education, support groups, and survivor resources.
Louisiana Workforce Commission - Office of Workers Compensation Administration. Dispute resolution and information on work injury benefits.
Louisiana Department of Insurance. Consumer assistance for insurer complaints and claims practices.
Acadiana Legal Service Corporation. Civil legal help for qualifying individuals in the Lafayette region.
Ochsner Lafayette General Medical Center - Trauma and neuro services. Local hospital with trauma capabilities.
Louisiana Emergency Response Network. Statewide trauma system coordination.
Local law enforcement and first responders. For crash reports and incident documentation following collisions or falls.
1. Get medical care now. Follow up with your primary care provider, a neurologist, and consider a neuropsychological evaluation if you have cognitive or behavioral changes.
2. Preserve evidence. Save photos, videos, damaged equipment, and clothing. Request incident or crash reports. Keep a list of witnesses and all providers.
3. Do not post about the incident on social media. Limit discussions about your case to your medical team and your attorney.
4. Notify insurers but decline recorded statements until you have legal counsel. Provide claim numbers and policy details to your attorney.
5. Consult a Lafayette based brain injury lawyer. Ask about experience with TBI cases, resources for expert evaluations, and fee structure. Many offer free consultations and contingency fees.
6. Bring documents to your consultation. Medical records, imaging, employment records, pay stubs, insurance policies, correspondence, and any prior injury records can help your attorney evaluate your claim.
7. Track symptoms and expenses. Maintain a daily journal of headaches, memory issues, sleep problems, mood changes, and functional limits. Keep receipts and mileage for appointments.
8. Calendar deadlines. Work with your lawyer to ensure all notices and claims are filed before Louisiana's strict time limits expire.
Taking these steps promptly can protect your rights and improve both your medical recovery and your legal outcome after a brain injury in Lafayette.
