On this page
- What Is a Traumatic Brain Injury?
- Common Causes
- Symptoms That May Signal a Brain Injury
- Why Brain Injury Claims Are Often Disputed
- Medical Documentation and Evidence
- Who May Be Responsible?
- Potential Compensation
- Louisiana Legal Considerations
- Frequently Asked Questions
- Talk With a Louisiana Brain Injury Lawyer
If a car wreck, truck crash, fall or other accident caused a brain injury, a claim against the responsible party may need to account for symptoms that are hard to see and losses that may last for years. Jacqueline Scott & Associates represents people with serious injuries, including brain injuries, from offices in Shreveport and Bossier City and throughout Louisiana.
Call (318) 746-5997.
Make ’Em Pay.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is damage to the brain caused by an outside force: a blow to the head, a violent jolt, or an object penetrating the skull. In motor vehicle crashes, the brain can be injured even without a direct blow, when rapid acceleration and deceleration move the brain inside the skull.
TBIs range from mild (often called concussions) to moderate and severe. A “mild” diagnosis describes the initial findings, not necessarily the long-term impact on the person’s life.
Common Causes
- car and truck crashes, including rear-end and T-bone collisions;
- 18-wheeler accidents;
- motorcycle and bicycle crashes;
- pedestrian accidents;
- falls on unsafe property;
- workplace and construction accidents; and
- falling objects.
Symptoms That May Signal a Brain Injury
Some symptoms appear right away. Others are noticed days or weeks later, often by family members first.
- headaches that do not go away;
- confusion, memory problems or trouble concentrating;
- dizziness or balance problems;
- sensitivity to light or noise;
- sleep changes;
- irritability, anxiety, depression or personality changes;
- slurred speech;
- ringing in the ears; and
- nausea or vomiting.
Anyone with these symptoms after an accident should get medical attention. Emergency symptoms such as repeated vomiting, seizures, worsening headache, weakness or loss of consciousness require immediate care.
Why Brain Injury Claims Are Often Disputed
Insurance companies frequently challenge brain injury claims because:
- a CT scan or MRI may look normal even when the person has symptoms;
- symptoms can be attributed to stress, age or prior conditions;
- the injured person may not have reported every symptom at the emergency room; and
- the effects on work and daily life may not be obvious to outsiders.
That makes documentation especially important.
Medical Documentation and Evidence
Evidence in a brain injury claim may include:
- emergency room and ambulance records, including any loss of consciousness or confusion;
- imaging studies;
- evaluations by neurologists, neuropsychologists or other specialists;
- neuropsychological testing;
- therapy records (speech, occupational, vocational);
- statements from family, friends and co-workers about changes they have seen;
- employment records showing changes in performance or the ability to work; and
- a symptom journal kept by the injured person or family.
Who May Be Responsible?
Depending on how the injury happened, responsible parties may include:
- a negligent driver and that driver’s insurer;
- a trucking company or employer;
- a property owner or business;
- a manufacturer of a defective product, such as a helmet or vehicle component; or
- another party whose negligence caused the accident.
Potential Compensation
Depending on Louisiana law and the evidence, a brain injury claim may include:
- past and future medical expenses;
- rehabilitation and therapy;
- lost wages and loss of future earning capacity;
- in-home care or supervision;
- physical pain and mental anguish;
- loss of enjoyment of life; and
- in some cases, claims by close family members for their own losses.
Future needs are often the largest part of a serious brain injury claim, and they should be evaluated with medical support before any settlement.
Louisiana Legal Considerations
- Comparative fault. For claims governed by Louisiana Civil Code article 2323 as amended effective January 1, 2026, a claimant found 51% or more at fault cannot recover, and a lower percentage reduces the recovery. See Louisiana’s 51% fault rule.
- Deadlines. Louisiana Civil Code article 3493.1 generally provides two years for delictual actions arising after July 1, 2024. Older accidents and some claims have different deadlines. See Louisiana’s two-year filing deadline.
- Medical expenses. Louisiana has specific rules about how medical bills are proven. See medical bills in Louisiana injury cases.
Frequently Asked Questions
Can I have a brain injury if my CT scan was normal?
Yes. Many concussions and mild traumatic brain injuries do not show up on standard imaging. Diagnosis often depends on symptoms, clinical evaluation and specialized testing.
Should I settle quickly after a concussion?
Be careful. Brain injury symptoms can last longer than expected. Once you sign a release, you usually cannot ask for more, even if your condition gets worse.
What if I had a prior head injury?
A prior injury does not automatically bar a claim. The question is whether the accident caused a new injury or made an existing condition worse, which requires medical evidence.
Can family members help prove a brain injury?
Yes. Family members and co-workers often notice changes in memory, mood and behavior that the injured person does not. Their observations can be important evidence.
Talk With a Louisiana Brain Injury Lawyer
If you or someone you love suffered a head or brain injury in an accident caused by someone else, call Jacqueline Scott & Associates at (318) 746-5997 for a free consultation.
Make ’Em Pay.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This page provides general educational information and is not legal or medical advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
