A Traumatic Brain Injury Lawyer Can Help You Obtain Compensation 

If you are dealing with the aftermath of a traumatic brain injury (TBI) resulting from medical malpractice or other factors, the lawyers at Wagar Richard Kutcher Tygier & Luminais, LLP, can pursue compensation on your behalf. TBIs often occur because of car accidents, contact sports injury, or another catastrophic injury, and they are frequently incurable. If you or a loved one has suffered from a TBI, a traumatic brain injury lawyer at Wagar Richard Kutcher Tygier & Luminais, LLP, in Metairie, LA, can take on every detail of your case, allowing you and your family focus on recovery.

What Is a Traumatic Brain Injury?

Scans of the brain with areas highlighted in redA traumatic brain injury causes physical harm to  delicate brain tissue. Sometimes, these injuries are the result of blunt force, while other TBIs stem from internal processes. Many times, symptoms are immediately noticeable. Other times, they may not manifest themselves for several days or even weeks after an injury. It can often be difficult to diagnose a TBI because a CT scan or MRI will not reveal any visible damage. Nonetheless, hidden injuries can take a serious, life-threatening toll on a victim’s life.

Symptoms of a Traumatic Brain Injury

So-called “mild” injuries are the most common type of TBI. They usually transpire when a patient loses consciousness for less than 30 minutes. Despite the name, symptoms can be quite pronounced. The effects are usually temporary but can last for a year or more following an accident. They may include:

  • Fatigue
  • Memory loss
  • Mood swings and irritability
  • Difficulty concentrating
  • Seizures
  • Nausea
  • Confusion
  • Depression

If a patient loses consciousness for up to 6 hours, the TBI could be classified as moderate. Severe TBIs take place when a patient loses consciousness for 6 hours or more. The impact of these TBIs can vary significantly, depending on their extent and which part of the brain was affected. The effects of these TBIs can include:

  • Difficulty understanding or communicating 
  • Difficulty processing 
  • Full or partial loss of sight, hearing, smell, or sound
  • Full or partial paralysis
  • Blurred vision
  • Loss of bladder or bowel control
  • Aggression
  • Inability to connect with others emotionally
  • Dependency

Many patients do improve slowly after a severe TBI. Nevertheless, many severe TBIs result in life-long physical and cognitive impairment.

Causes of Traumatic Brain Injury

There are a number of instances that can cause a traumatic brain injury:

  • Open head injuries occur when an object, such as a bullet, actually penetrates the skull.
  • Closed head injuries involve a blow to the outside of the skull. The consequences tend to be more widespread, affecting a larger number of mental and physical faculties.
  • Deceleration injuries befall when a victim moving at a high speed suddenly stops. The brain may then receive an external blow as it smashes against the inside of the skull. 
  • Lack of oxygen can cause a TBI in a matter of minutes if blood stops flowing to the brain. Heart attack and stroke are two common reasons for this type of TBI.
  • Chemicals, including lead, insecticides, and carbon monoxide can seriously damage the neurons.
  • Infection, whether bacterial or viral, is a particularly serious cause for concern. Meningitis and encephalitis are two types of infection that may damage the brain.
  • A stroke will not only cut off oxygen supply to the brain, it could also involve a hemorrhage or hematoma.
  • A tumor can physically damage the nearby tissue, or it may compress other parts of the brain, resulting in more sweeping effects.

A TBI can develop for a variety of reasons. Some causes, such as a stroke or cancer, are usually unexpected and unavoidable. On the other hand, many traumatic brain injuries are the result of someone else’s negligence or reckless behavior. Falls are the number one cause of TBIs, accounting for about 28 percent of all TBIs. These falls can be the result of premises liability or a common, daily event, like falling out of bed. Motor vehicle accidents are another leading cause of TBIs and the number one cause among people ages 15 to 19.  Another leading cause of TBI cases are the result of violence, and an almost equal number occur due to contact sports injuries.

Medical malpractice is a particularly tragic cause of TBIs. Patients looking to their doctor or nurse for improved health can instead find themselves greatly incapacitated as a result of their practitioner’s negligence. Most medical-related TBIs affect infants during the birthing process. There are a number of preventable causes of infant brain injury, including an undiagnosed condition in the mother, a compressed umbilical cord, and a premature placental abruption. Medical malpractice can also cause traumatic brain injuries in adults, although they are less common. For instance, a patient could be a victim of a wrongful diagnosis if a doctor fails to diagnose or treat a blood clot. Anesthesia errors can also lead to brain injuries, particularly if an anesthesiologist administers an excessive dose. Finally, surgical errors are one of the most common reasons for medical TBIs.

If​ ​you​ or a loved one has suffered from​ ​a​ TBI, a traumatic brain injury lawyer at​ ​our firm can take on every detail of your case, allowing​ ​you​ ​and​ ​your​ ​family​ ​focus on​ ​recovery.

Who Is at Fault for a Traumatic Brain Injury?

If you or your loved one is suffering from a TBI, a successful lawsuit may allow you to obtain a significant amount of compensation. This money can help cover extensive medical bills as well as the cost of long-term care, if applicable. Furthermore, since loss of physical or cognitive function can limit your ability to work, a lawsuit can help cover living expenses for you and your dependents. 

To wage a successful personal injury case, you and your attorney must be able to prove that your TBI was the result of someone’s negligent or reckless behavior. For instance, if you or your loved one was injured in a car accident, your attorney will need to prove that another driver did not exercise due caution and that your injury was a direct result of his or her behavior. During a medical malpractice case, your lawyer must demonstrate that a doctor was directly responsible for your care and that he or she did not follow established medical protocol. In these cases, more than one party may share liability. For example, a hospital, drug company, or medical equipment manufacturer may be found guilty of negligence.

Even if you were partially at fault for your injury, you may still be able to recover damages. For instance, if you were injured during a car accident in which you were speeding when a drunk driver made an illegal turn on a red light, you can still receive damages reduced by the percentage for which you were responsible. Fortunately, Louisiana follows the principle of pure comparative fault, allowing you to recover damages even if you share liability. 

Contact Wagar Kutcher Tygier & Luminais , LLP

Personal injury cases involving brain injuries involve a diverse range of complex issues. Fortunately, our team has the experience necessary to successfully pursue your case. Contact our firm today to schedule your free case evaluation or call our office at (504) 830-3838 today.

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