The symptoms of a traumatic brain injury (TBI) can be wide-ranging, but they’re almost always serious. The trauma you’ve endured to your head and brain can leave you with devastating injuries, some of which could be permanent. You may have even suffered a loved one because of this severe injury. Whatever the level of harm, an injury caused by a negligent party may be compensable with the help of a seasoned catastrophic injury attorney.
A Baton Rouge traumatic brain injury lawyer has the resources and training to handle your case and seek compensation on your behalf so you can focus on healing.
What Can Cause a Traumatic Brain Injury?
Various incidents can lead to a traumatic brain injury. Whether it’s through an accident, intentional attack, or another form of wrongdoing, a defendant who’s responsible for the harm should be held to account for your costs. Importantly, determining the cause of the accident is an essential step in any successful lawsuit.
Common causes of TBIs can include, but are not limited to:
- Motor vehicle accidents
- Boating and watercraft crashes
- Intentional assault
- Dangerous products
- Medical malpractice
Any of these events can result in serious injury and high medical costs. Fortunately, a TBI lawyer in Baton Rouge can help you seek financial compensation for the harm the other party caused you and fight to hold them responsible on your behalf.
Proving Causation: Evidence that the Defendant is at Fault
To win a traumatic brain injury claim, you and your local attorney must establish that the defendant’s negligence was the cause of your injuries. To do so requires proving that the defendant breached a legal duty they had to you, that their breach led to your harm, and that the harm they inflicted on you was extensive. Each of these elements must be successfully proven to establish the defendant’s negligence.
A hard-working attorney can examine witness testimonies, Baton Rouge law enforcement narratives, crash reports, medical records, and any other evidence that demonstrates the defendant’s wrongdoing in your TBI claim.
Proof by a Preponderance of the Evidence
In every traumatic brain injury claim, there’s a burden of proof to show “preponderance of the evidence.” This means that the evidence must demonstrate that the disputed fact is more probable than not. In context, for a successful claim, you must convince a jury that it’s at least 51% likely that the defendant caused your harm.
When to File a TBI Claim in Baton Rouge
For an injury claim to even be considered, it must be filed within one year of the accident. Louisiana Civil Code § 3492 sets this time limit to deter people from filing actions years after the incident occurred. However, this short time frame means that it’s crucial for you to reach out to a local attorney quickly to avoid losing your chance at compensation.
Meet with a Baton Rouge Traumatic Brain Injury Attorney Today
An attorney well-versed in TBI claims can help you assess the strengths and challenges in your case. The right strategy may result in significant compensation for you and your family.
Reach out to an experienced Baton Rouge traumatic brain injury lawyer for assistance in fighting for the compensation you deserve. Our team is standing by.