A serious head injury can lead to mounting medical expenses, lost wages, and an uncertain future. Our firm offers free, no-obligation consultations for TBI victims in New Orleans and surrounding areas. When you work with us, you pay nothing upfront—we only get paid if we win your case.
If you or a loved one has suffered a traumatic brain injury (TBI) due to someone else’s negligence, you deserve a law firm that fights relentlessly to hold those responsible accountable. The New Orleans traumatic brain injury lawyers at Daly & Black, P.C. know what’s at stake for TBI victims.
With a proven track record of success and intimate insight into the complexities of traumatic brain injuries, we understand the immense challenges you are facing and might yet face. Our team has the gusto and strategic insight required to pursue the maximum compensation available to you and your family.
Get in touch today to learn your legal options and take the first step toward justice.
Understanding Traumatic Brain Injuries
A traumatic brain injury can have devastating consequences. Depending on the severity, victims may require extensive rehabilitation, ongoing medical care, and, in the most serious cases, lifelong assistance with basic daily activities.
At Daly & Black, we understand that a brain injury affects more than just the victim—it impacts their entire family. That’s why we fight aggressively to recover compensation for your traumatic brain injury claim, accounting for both economic and non-economic losses to ensure victims receive the care and support they need to rebuild their lives.
What is a Traumatic Brain Injury?
The Centers for Disease Control and Prevention (CDC) defines TBI as an injury that affects how the brain works. TBIs range from mild concussions to severe brain damage and can lead to long-term cognitive, emotional, and physical impairments.
The term “mild” describes the initial severity of the injury rather than the extent of its symptoms. Even a mild traumatic brain injury, such as a concussion, can lead to long-term effects, including cognitive issues, persistent headaches, and emotional changes.
According to the NIH, retired athletes who suffered one or two concussions were 1.5 times more likely to develop depression compared to those with no history of brain injury. For individuals with three or more concussions, the risk tripled, highlighting the long-term psychological impact of acute head trauma.
Common Causes of TBIs
In New Orleans, traumatic brain injuries frequently result from:
- High-Speed Collisions – TBIs can occur in accidents involving cars, motorcycles, commercial trucks, bicycles, boats, and public transportation such as buses.
- Slip and Falls – Unsafe premises, slippery surfaces, and poor maintenance.
- Workplace Accidents – Construction site falls, equipment failures, and heavy machinery incidents.
- Medical Malpractice – Surgical errors, anesthesia complications, misdiagnosed strokes, or birth injuries leading to brain damage.
- Hurricane-Related Injuries – Flying debris, structural collapses, and other hazards during hurricanes can cause serious head trauma.
- Sports-Related Concussions – Contact sports such as football, boxing, and soccer can lead to repeated head injuries, increasing the risk of long-term neurological damage.
Non-Traumatic Brain Injuries (NTBI)
Not all brain injuries result from direct trauma. Non-traumatic brain injuries (NTBIs) can be just as devastating, often caused by oxygen deprivation, toxic exposure, or electrical shock. These injuries can lead to permanent cognitive and neurological impairments, requiring extensive medical care.
Anoxic & Hypoxic Brain Injuries
An anoxic brain injury occurs when oxygen supply is completely cut off, while a hypoxic brain injury results from reduced oxygen flow. Both can stem from drowning, stroke, cardiac arrest, respiratory failure, or carbon monoxide poisoning, often leading to memory loss, motor dysfunction, and long-term disability.
Electrocution-Related Brain Injuries
Electrical shocks from workplace hazards, faulty wiring, or defective products can cause seizures, cognitive decline, and muscle control loss. Negligence by property owners, utility companies, or manufacturers may be to blame.
Symptoms and Long-Term Effects
TBI symptoms vary based on severity and may include:
- Persistent headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood swings, anxiety, or depression
- Loss of motor functions or speech impairment
Many victims struggle with lifelong complications, requiring extensive rehabilitation and ongoing medical assistance. Our legal team ensures these long-term effects are accounted for in your traumatic brain injury claim so you get the financial support necessary for recovery.
Statistical Insights on Traumatic Brain Injuries
- The CDC found that there were over 69,000 TBI-related deaths in the United States in 2021. That’s about 190 TBI-related deaths every day.
- According to the NIH Louisiana suffered 3,109 deaths related to TBIs between the years 2016 and 2018. This is at a rate 24.9% higher than the national average
- The CDC asserts that among those still alive 5 years after a moderate to severe TBI, 57% are moderately or severely disabled, 55% do not have a job, and 50% return to a hospital at least once.
Our firm leverages authoritative data from medical and government sources to strengthen your claim and prove the lasting impact of your injury.
Why Legal Representation Matters
If you’re wondering, “How can an attorney help with my traumatic brain injury claim?”, the answer is simple—an experienced traumatic brain injury lawyer at Daly & Black will fight to secure the maximum compensation under provision of the law, ensuring your financial and medical needs are met.
Challenges in TBI Cases
Traumatic brain injury cases are among the most complex personal injury claims due to the difficulties involved in proving the full extent of the injury and its long-term impact. Many TBIs do not appear on standard imaging tests, which allows insurance companies to dispute the severity of the injury.
Additionally, victims often experience delayed symptoms, making it harder to establish a clear timeline linking the injury to the accident.
TBI can result in a variety of claims, including first-party insurance claims (such as personal injury protection coverage) and third-party negligence claims, where another party is directly responsible for the injury.
This distinction impacts how an attorney approaches litigation, the burden of proof, and the available compensation sources.
Attorneys handling TBI cases must build strong claims by:
Identifying the Liable Party
In third-party negligence cases, attorneys must investigate whether liability falls on an individual (such as a reckless driver), a company (such as an employer or manufacturer), or a government entity (in cases of unsafe road conditions or hazardous premises).
Gathering extensive medical evidence
This includes medical records, diagnostic imaging, neurological evaluations, and cognitive assessments to substantiate the claim.
Using expert testimony
Testimonies from neurologists, neuropsychologists, and rehabilitation specialists help establish both the immediate and long-term effects of the injury.
Demonstrating long-term consequences
Many TBI victims require ongoing medical treatment, physical therapy, and may be unable to return to work. Attorneys must work with life-care planners and vocational experts to project future losses.
Countering insurance company tactics
Insurers often argue that symptoms stem from pre-existing conditions, unrelated causes, or psychological factors. A strong legal strategy includes accident reconstruction, medical documentation, and expert opinions to dispute these claims.
Calculating economic and non-economic damages
Beyond medical expenses and lost wages, attorneys must quantify the pain and suffering, emotional distress, and reduced quality of life resulting from the TBI.
Navigating Complex Liability Issues
Some TBI cases involve multiple liable parties, such as a combination of negligent drivers, product manufacturers, or property owners, requiring careful legal strategy and coordination.
Litigating when necessary
If an insurer refuses to settle fairly, an attorney must be prepared to take the case to court and present compelling evidence before a judge or jury. In third-party negligence cases, this means proving that another party—whether a reckless driver, negligent employer, property owner, or product manufacturer—was directly responsible for the injury and should be held financially accountable.
Daly & Black fights relentlessly to ensure clients receive the maximum compensation available under the law, helping victims and their families secure their futures.
Louisiana Laws Impacting TBI Claims
Daly & Black, P.C. has an in-depth understanding of Louisiana’s legal framework regarding traumatic brain injury (TBI) cases. Our firm is well-versed in the state’s statute of limitations, comparative fault laws, and insurance regulations, ensuring we take full advantage of the legal protections available to our clients.
Statute of Limitations
The statute of limitations in Louisiana was doubled on July 1st 2024 from 1 year to 2 years as outlined in Louisiana Civil Code Article 3493.1. This means that all personal injury claims including those related to TBI must be submitted within the 2 year window starting from the date of the injury.
This limitation can be further complicated in medical malpractice cases in instances where symptoms were only noticed after much time has elapsed since the alleged injury or malpractice occurred. Under Louisiana Revised Statutes Title 9, Section 5628, statute of limitation can be extended to 1 year after the injury is discovered and no further than 3 years after the alleged injury or malpractice occurred.
Comparative Fault Rule
Louisiana operates under a pure comparative fault system, as outlined in Louisiana Civil Code Article 2323, meaning your compensation could be reduced if you are found partially responsible for the accident. Our legal team fights to minimize your liability and maximize your payout.
Insurance Bad-Faith Practices
Louisiana Revised Statutes Tit. 22, § 1892 protects victims from insurance companies acting in bad faith. If an insurer unfairly delays, denies, or underpays your claim, we take legal action to hold them accountable.
The Daly & Black Difference
At Daly & Black, P.C., we don’t just handle cases—we take on battles that matter. When it comes to traumatic brain injury claims in Louisiana, we bring unmatched dedication, strategic firepower, and an unwavering commitment to every client we represent. We know that a TBI can change your life in an instant, and we refuse to let insurance companies or negligent parties dictate your future.
Unrelenting Advocacy
We don’t shy away from a fight. Whether it’s an insurance company trying to downplay your injuries or a corporation refusing to take responsibility, we step in and demand justice. Our team of seasoned trial attorneys is always prepared to take your case to court if that’s what it takes to secure the compensation you deserve.
A Winning Record in TBI Cases
Handling traumatic brain injury cases requires more than just legal knowledge—it demands proven experience and a history of results. We have successfully fought for victims across Louisiana, securing substantial settlements and verdicts that help them rebuild their lives. As a four-time Insurance Litigation Firm of the Year nominee and the 2022 winner, our firm has a reputation for going the distance for our clients.
Client-First Representation
At Daly & Black, you’re more than just a case number. From the moment you reach out, you’ll have a dedicated legal team focused on your recovery. We tailor our approach to meet your unique circumstances, ensuring that every legal strategy is designed to maximize your traumatic brain injury claim and provide you with the support you need to move forward.
Relentless Pursuit of Justice
We don’t settle for lowball offers from insurance companies, and we don’t let guilty 3rd parties off the hook. We are ALL IN. ALL THE TIME. for our clients because we know what’s at stake.
When you choose Daly & Black, you’re choosing a firm that refuses to back down until you receive the compensation you are owed under the protections of local and federal law.
FAQ
How much compensation do you get for a traumatic brain injury?
The amount of compensation for a traumatic brain injury (TBI) varies depending on factors such as medical expenses, lost wages, pain and suffering, and long-term rehabilitation costs. Severe TBIs that result in permanent disability or loss of earning capacity typically receive higher settlements. Our legal team at Daly & Black will assess every aspect of your case to help pursue the maximum compensation available under Louisiana law.
How can a New Orleans traumatic brain injury lawyer help with my case?
A New Orleans traumatic brain injury lawyer from Daly & Black will handle all legal complexities so you can focus on recovery. We investigate the cause of your injury, gather crucial medical evidence, negotiate with insurance companies, and, if necessary, take your case to trial. Our firm is trial-ready and relentless, ensuring you receive the justice and financial support you deserve.
How do I know if I have a strong traumatic brain injury case?
A strong TBI case typically involves clear evidence of negligence, medical documentation linking the injury to the incident, and a demonstrable impact on your life. If you suffered a TBI due to a car accident, workplace injury, medical malpractice, or another act of negligence, you may be entitled to compensation. Contact Daly & Black for a free consultation to evaluate your claim and determine the best legal strategy.
Get in Contact with a New Orleans TBI lawyer
A New Orleans traumatic brain injury lawyer at Daly & Black, P.C. is ready to advocate for you and help you pursue the compensation you may be entitled to under Louisiana law. While past successes do not guarantee future results, you can trust that we will go ALL IN. ALL THE TIME. to pursue the best possible settlement for your TBI case.
Get in touch with us today to schedule a free consultation