A brain injury can change a person’s memory, judgment, emotions, physical abilities, and independence. It can also change the life of the entire family. A legal claim must do more than identify a diagnosis. It must prove what caused the injury, what has changed, and what the injured person will need in the future.
We build brain injury cases around evidence: the incident timeline, medical findings, cognitive testing, rehabilitation records, witness accounts, lost earning capacity, and the day-to-day functions the injured person can no longer perform.
If the injury happened recently, evidence may already be disappearing. Call (225) 500-5000 or request a free action plan before video is overwritten, equipment is repaired, or an insurance company locks the family into an incomplete account of what happened.
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Brain injuries are not all the same
The Centers for Disease Control and Prevention explains that a traumatic brain injury affects how the brain works. The effects may be temporary, long-term, or permanent.
- Concussion and mild traumatic brain injury: Symptoms may include headaches, dizziness, light sensitivity, slowed thinking, memory problems, sleep changes, or emotional changes.
- Moderate or severe traumatic brain injury: These injuries may involve bleeding, swelling, loss of consciousness, cognitive impairment, seizures, physical limitations, or the need for long-term assistance.
- Diffuse axonal and other internal brain injuries: Rapid movement of the brain inside the skull can damage nerve fibers even when there is no penetrating wound.
- Oxygen-deprivation brain injury: Anoxic injury results from a complete loss of oxygen, while hypoxic injury results from an inadequate oxygen supply. Drowning, choking, smoke inhalation, carbon monoxide exposure, cardiac arrest, and serious breathing or blood-pressure problems can cause cerebral hypoxia.
For focused information about oxygen deprivation, see our pages on anoxic brain injury and hypoxic brain injury.
Medical warning: A new loss of consciousness, seizure, worsening confusion, weakness, repeated vomiting, severe headache, breathing problem, or other emergency symptom requires immediate medical attention. Call 911. This page is not a substitute for medical care.
When can a brain injury become a legal claim?
A poor outcome does not automatically establish a legal claim. The evidence must generally connect the injury to another person or company’s fault. Depending on the facts, a claim may arise from:
- A car, commercial truck, motorcycle, bicycle, or pedestrian collision
- A fall, unsafe property condition, or falling object
- A defective product, vehicle component, or piece of equipment
- A drowning, fire, toxic exposure, or airway obstruction
- An industrial or workplace incident
- A preventable medical, anesthesia, monitoring, or airway failure
The cause affects who may be responsible, what evidence exists, which insurance policies may apply, whether special procedures are required, and how quickly legal action must begin.
What must be proved in a Louisiana brain injury case?
A brain injury case usually turns on four questions:
- Who was legally at fault?
- Did the incident cause or worsen the brain injury?
- How has the injury affected the person’s health, work, relationships, and independence?
- What treatment, support, and financial resources will be needed in the future?
The defense may accept that an incident occurred while disputing the brain injury itself. It may blame symptoms on age, stress, medication, a prior condition, or an unrelated event. That is why the medical and functional timeline matters.
Evidence that can make an invisible injury visible
Evidence from the incident
Video, photographs, 911 recordings, witness information, vehicle data, commercial driving records, equipment logs, maintenance records, and internal reports can help establish how the injury happened. Some of this evidence may be routinely erased or replaced.
Medical evidence
Important records may include EMS observations, Glasgow Coma Scale scores, loss-of-consciousness history, CT and MRI reports, neurologic examinations, neuropsychological testing, therapy notes, and medication history. No single record necessarily tells the whole story.
Before-and-after evidence
Family members, friends, coworkers, teachers, and treating providers may be able to describe changes in memory, attention, stamina, judgment, personality, balance, communication, or the ability to complete ordinary tasks. Employment, school, calendar, and financial records can provide objective support.
Evidence of future needs
A serious case may require input from treating physicians, rehabilitation professionals, vocational experts, economists, or life-care planners. The purpose is to identify real needs before a settlement permanently closes the case.
Our Louisiana evidence preservation guide explains what may need to be protected early.
Compensation should reflect the full effect of the injury
Recoverable damages depend on the facts and applicable law. A brain injury claim may include:
- Emergency care, hospitalization, treatment, and rehabilitation
- Future medical care, therapy, medication, and attendant care
- Lost wages and reduced future earning capacity
- Home, transportation, or accessibility changes
- Pain, mental distress, disability, and loss of enjoyment of life
- Losses experienced by a spouse or family member when allowed by law
The largest future loss may not appear on the first hospital bill. It may be the lifetime cost of supervision, reduced work capacity, repeated therapy, or the loss of independence. Our Louisiana damages and insurance guide explains how these losses are documented and challenged.
Louisiana law can change the outcome
Louisiana Civil Code article 2315 provides the basic foundation for liability when one person’s fault causes damage to another.
Fault allocation is especially important. Under the version of Civil Code article 2323 governing incidents on or after January 1, 2026, a claimant found 51 percent or more at fault cannot recover damages. An incident before that date may be governed by the prior rule. See our Louisiana comparative fault guide.
Civil Code article 3493.1 states a general two-year prescriptive period for delictual actions and applies beginning July 1, 2024. The correct deadline depends on the incident date and type of claim. Medical malpractice, government liability, workers’ compensation, maritime claims, and other matters may involve different deadlines or required procedures.
Do not calculate a filing deadline from a general webpage. Have the specific facts and dates reviewed. Our Louisiana filing-deadlines guide explains the general framework.
If a brain injury results in death, different family claims may arise. See our Louisiana wrongful death and survival guide.
What families can do now
- Follow emergency and treating medical advice.
- Write down the incident timeline while memories are fresh.
- Save photographs, video, messages, claim information, and witness details.
- Keep copies of medical, employment, school, and rehabilitation records.
- Document specific functional changes without exaggeration.
- Be careful with recorded statements, broad medical authorizations, and social-media posts.
- Have the applicable deadlines checked before assuming there is plenty of time.
Louisiana brain injury guides
- Traumatic brain injury claims: evidence, testing, and proof
- Common brain injuries after a car accident
- Challenges in proving traumatic brain injury
- Long-term effects of traumatic brain injury
Frequently asked questions
Can someone have a brain injury if the first scan was normal?
Possibly. A diagnosis may depend on the history, clinical examination, symptoms, testing, and how the person functions over time. A lawyer should not make the medical diagnosis, but the legal investigation should not treat one test as the entire case.
Is a concussion considered a brain injury?
Yes. The CDC classifies a concussion as a type of mild traumatic brain injury. The word mild describes the initial medical classification and does not answer how significantly symptoms affect a particular person.
How long do I have to file a Louisiana brain injury claim?
The answer depends on the incident date, the defendant, and the type of claim. Article 3493.1 provides a general two-year period for delictual actions beginning July 1, 2024, but specialized claims may have different procedures and deadlines. Have the actual dates reviewed promptly.
What does it cost to speak with Babcock Injury Lawyers?
The initial case review is free. Many serious injury cases are handled on a contingency basis under a written agreement. The fee and responsibility for expenses should be explained before representation begins.
Get a plan before the evidence changes
A brain injury case should not be rushed to settlement before the medical picture and future needs are understood. It should not be allowed to sit while critical evidence disappears either.
Call (225) 500-5000 or contact Babcock Injury Lawyers online. We will focus first on the evidence that needs to be preserved, the deadlines that may apply, and the next steps that can protect the claim.
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This page provides general information and is not legal or medical advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Past results do not guarantee a similar outcome.