Traumatic Brain Injury Attorney in Lake Charles, Louisiana

Standard CT scans and MRIs may appear normal even in the presence of a genuine TBI, particularly in mild and moderate cases. More sensitive diagnostic tools — including diffusion tensor imaging (DTI) and neuropsychological testing — can detect structural and functional changes that routine imaging misses. A comprehensive neuropsychological evaluation that assesses memory, attention, processing speed, and executive function is often the most important diagnostic tool for documenting the cognitive effects of a brain injury.

Post-concussion syndrome (PCS) refers to a collection of symptoms — chronic headaches, dizziness, cognitive difficulties, mood changes, sleep disturbances, and sensitivity to light and noise — that persist for weeks or months after an initial concussion. PCS is a recognized medical condition, and its symptoms and their impact on daily function and work capacity can be documented and presented in a personal injury claim. Recovery for PCS includes medical expenses, lost wages, and pain and suffering, depending on the severity and duration of symptoms.

For accidents occurring on or after July 1, 2024, you have two years from the date of the accident to file a personal injury lawsuit. For accidents before that date, the one-year prescriptive period applies. In TBI cases, however, the full extent of the injury may not be apparent for weeks or months after the accident. The prescriptive period typically begins on the date of the accident, not the date symptoms fully develop, which is why early legal consultation is important even when the injury’s full scope is still being assessed.

Yes. If a severe TBI has rendered a person unable to manage their own legal affairs, a family member may be appointed as the injured person’s legal curator or tutor under Louisiana law, giving them the authority to pursue legal claims on the injured person’s behalf. For minor children who suffer TBIs, parents or legal guardians act on the child’s behalf. These representative claims carry the same prescriptive periods as individual claims, and the same damages are available.

A mild TBI is defined by the American Congress of Rehabilitation Medicine as a traumatically-induced physiological disruption of brain function, manifested by at least one of: loss of consciousness for up to 30 minutes, post-traumatic amnesia of less than 24 hours, Glasgow Coma Scale score of 13-15, or other neurological signs. Post-concussion syndrome refers to symptoms that persist beyond the expected recovery period — typically defined as more than three months. The terminology matters because insurance company medical experts often argue that ‘concussion’ implies minimal injury and rapid recovery, while ‘mild TBI’ with documented post-concussion syndrome implies a recognized medical condition with a legitimate basis for extended recovery and compensation.

Louisiana does not cap general damages in personal injury cases, and there is no formula for calculating pain and suffering. Juries are instructed to award an amount that reasonably compensates the plaintiff for the physical pain, mental anguish, and loss of enjoyment of life caused by the injury. In TBI cases, the evidence that drives general damages awards includes treating physician testimony, neuropsychological testing documenting cognitive deficits, testimony from family members about personality and behavioral changes, and the plaintiff’s own testimony about how the injury has affected daily life. The per diem argument — asking the jury to assign a dollar value to each day of suffering — is a common damages presentation tool in TBI cases.

A fully developed TBI case in Calcasieu Parish typically requires four categories of expert. First, a treating neurologist or neuropsychiatrist who can testify about the diagnosis, mechanism of injury, and relationship between the crash and the TBI. Second, a neuropsychologist who can administer and interpret standardized cognitive testing. Third, in cases involving advanced imaging, a neuroradiologist who can interpret DTI and SWI findings. Fourth, in cases with significant future care needs, a life-care planner who can project the cost of ongoing neurological care and cognitive rehabilitation. The defense will retain a neurologist to produce a competing opinion. The plaintiff’s expert infrastructure needs to be at least as credible and more thoroughly documented.

Yes — and this situation is common in TBI cases. The IME in an insurance context is not truly independent. The examining physician is hired and paid by the insurance company, and IME physicians who regularly work for insurers produce opinions favorable to the insurer at statistically implausible rates. Louisiana courts allow plaintiffs to challenge IME opinions through their own medical experts, through cross-examination of the IME physician’s financial relationship with the insurance industry, and through impeachment with the IME physician’s prior testimony in other cases. An IME is not the end of a TBI case — it is the beginning of the medical battle.