Head injuries may occur in many different types of events, including motor vehicle collisions, offshore accidents, encounters with defective products, and accidents on someone else’s property. Regardless of how the accident happened, a head injury victim is often left with permanent, debilitating medical conditions. If you or a family member has been involved in an accident that resulted in a closed head injury, brain trauma, a concussion, or a similar form of harm, the experienced Lafayette head injury attorneys at the law firm of Broussard, David & Moroux are here to help you fight for the compensation that you deserve.
Assert Your Rights After a Head InjuryIn lawsuits arising from head injuries, a plaintiff has certain points to prove and procedural requirements to satisfy. First of all, they must file a claim within the time established under the statute of limitations. Depending on the type of accident that resulted in the plaintiff’s injuries, there may also be a statute of repose or a requirement to file a formal notice with the defendant. Then, the plaintiff must seek to prove their case by a preponderance of the evidence. This means that the defendant was more likely than not responsible for the injuries. Evidence may include testimony by the plaintiff, first responders, and any witnesses to the accident, as well as expert testimony from medical providers and physical evidence like surveillance footage or photographs.
Personal injury lawsuits are based on a legal theory known as “negligence.” A defendant is considered to be negligent when they fail to exercise the level of care that a reasonably prudent person would have exhibited under the same or similar circumstances. The defendant must have had a legal duty of care, the defendant must have breached the duty, the plaintiff must have suffered damages, and the defendant’s careless actions must have caused the harm sustained by the plaintiff.
Sometimes a defendant may allege that the plaintiff also was negligent. Under Louisiana’s comparative fault law, a plaintiff who is proven to have been partly at fault in an accident leading to brain trauma may recover the percentage of damages attributed to the defendant. For example, perhaps both the plaintiff and the defendant acted carelessly behind the wheel, resulting in a car crash. If the jury decides that the plaintiff was 20% at fault and the defendant was 80% at fault, the plaintiff may receive 80% of their damages. These are often substantial in burn injury cases. They may include the victim’s past and future medical expenses, lost earnings up until the time of trial and loss of future earning potential due to the accident, and compensation for the victim’s pain and suffering, among other examples.
Explore Your Options with a Head Injury Attorney in LafayetteIf you or a family member has suffered brain trauma due to another party’s negligent or reckless conduct, you deserve to be compensated for your harm. The experienced Lafayette head injury lawyers at Broussard, David & Moroux can help. Call us today at 888-337-2323 or contact us online to set up a free appointment. Our brain trauma attorneys can assist people in Lafayette, New Orleans, Baton Rouge, New Iberia, Eunice, Lake Charles, Alexandria, and other cities in Lafayette, Orleans, East Baton Rouge, Iberia, St. Landry, Calcasieu, and Rapides Parishes. There is no charge for the initial consultation, and most cases are accepted on a contingency fee basis. Under this arrangement, you do not pay a legal fee for our services unless we recover a settlement or judgment for you.