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Car accidents happen across the U.S. every day. While most of them are minor collisions, some have devastating results that can change your life forever.

In fact, in Louisiana alone, there are more than 1,300 car accidents that result in serious injuries every year. Severe injuries can lead to long hospital stays, costly medical bills, and permanent damage to your body. A car accident brain injury falls into this category as it can result in long-term issues.

If you’ve suffered a traumatic brain injury (TBI) after a car accident, the attorneys at Huber Thomas can help.

Perhaps you're facing months of rehabilitation or your injuries are so severe that you’re unable to return to work. You may be entitled to compensation that will help you overcome these challenges. A brain injury accident lawyer on our team can discuss your options and answer any questions you may have. If you live in Louisiana or Texas, contact us to arrange a free consultation. Alternatively, keep reading this post to find out more.

What causes a car accident brain injury?

A Traumatic Brain Injury (TBI) occurs when the head experiences a bump, blow, or jolt. This disrupts the normal function of the brain. Some are mild, meaning there is only a brief change in mental status or consciousness. Alternatively, a severe TBI can result in a permanent or extended period of memory loss or unconsciousness.

According to a 2013 report by the Centers for Disease Control and Prevention (CDC), car accidents are among the most common causes of emergency room visits, hospitalizations, and deaths related to traumatic brain injury among people aged 15 to 34.

Whether you experience a TBI in a car accident often depends on several factors, as a recent study from the University of Arizona discovered. This includes the direction in which you were hit, speed of the vehicles involved, and whether you were wearing a seatbelt.

Types of car accident brain injuries

There are several different types of car accident brain injuries. Some of the more common include:

  • Concussion: Often referred to as the most common type of TBI, a concussion can take months to completely heal. This type of injury can be caused by a strong hit or sudden shaking. This stretches the brain's blood vessels, resulting in a traumatic brain injury.
  • Contusion: A contusion is generally the result of direct impact to the head that causes bleeding on the brain. Large contusions may require surgical removal.
  • Coup-Contrecoup: This injury leads to bleeding at the site of the blow, as well as the opposite side of the brain. This happens when the impact causes the brain to move and slam into the opposite side of the skull.
  • Diffuse Axonal: When the unmoving brain lags behind the movement of the skull, nerve tissues throughout the brain can tear. A diffuse axonal injury can disrupt brain activity, leading to permanent brain damage, coma, or even death.
  • Penetration Injury: Objects such as pieces of metal or debris can pass through the skull and enter the brain. This can lead to parts of the skull being forced into the brain. This ruptures and stretches brain tissue.

Symptoms of car accident brain injuries

young man suffering injury after car accident

Beyond type, car accident brain injuries also range in severity. It’s important to know symptoms for each to know if you're dealing with a mild or more severe injury.

A mild traumatic brain injury may result in loss of consciousness for a few seconds to a few

minutes. However, it’s possible to remain conscious while feeling confused or disoriented. In the hours or days following the accident, other symptoms of a mild traumatic brain injury may include:

  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Difficulty sleeping or sleeping more than usual
  • Dizziness or loss of balance
  • Speech problems
  • Blurred vision
  • Sensitivity to light or sound
  • Mood swings
  • Concentration problems
  • Depression or anxiety

Moderate to severe traumatic brain injuries can include the signs and symptoms noted above, along with other issues. Loss of consciousness may take place for several minutes to hours. The following symptoms will usually be present within the first few hours or days:

  • Convulsions or seizures
  • Persistent or worsening headaches
  • Repeated vomiting or nausea
  • Dilation of one or both pupils
  • Loss of coordination
  • Numbness in fingers and toes
  • Inability to wake up from sleep
  • Combativeness or confusion
  • Unusual behavior
  • Slurred speech
  • Coma

What happens after a brain injury?

If you were recently in a car accident and believe you may have a brain injury, it’s important to seek medical care immediately.

While each situation is different, the following is the typical flow of events after a car accident brain injury. However, it’s important to note, you may not feel the effects of a brain injury from a motorcycle accident or car accident right away. Every case is unique. Even if you don't think you need it, get medical attention right away just to make sure.

Emergency care

Emergency care after any type of car or motorcycle accident is critical.

In some cases, an injury may be fatal if left untreated. This is why it’s essential to see a doctor for a thorough check-up. Even if you feel normal, the impact of a serious car crash can be dangerous. Visit your doctor for a professional opinion.

Diagnosis

When you seek emergency care after a car accident, you may undergo various medical tests. This could include a check-up. This may include a computerized tomography (CT) scan, magnetic resonance imaging (MRI), and X-rays.

Intracranial pressure monitors are also used in some cases. Tissue swelling from a TBI can increase pressure inside the skull, which causes even more damage to the brain. By inserting a probe into the skull, doctors can monitor the level of pressure a patient is experiencing.

These tests help diagnose if a person has sustained a traumatic brain injury or brain swelling after a car accident. They provide crucial information to the medical team. A solid diagnosis is the first step toward treatment.

Treatment

Once your medical team determines whether you’ve sustained a traumatic brain injury, you will move forward with a treatment plan.

In mild cases, rest and over-the-counter pain medication should be enough. Your doctor may recommend continuous monitoring for worsening symptoms, both physical and cognitive.

In cases of moderate to severe brain swelling, medical teams may use diuretics to reduce fluid in the brain. This is an emergency medical intervention. Anti-seizure or coma-inducing drugs may be necessary in very serious situations.

Emergency surgery is also a possibility, depending on the injury. Doctors must operate in cases involving skull fractures, bleeding on the brain, and extremely swollen brain tissue.

Rehabilitation

Most significant brain injuries require extensive rehabilitation. While this typically begins in the hospital, you will most likely need further care through an inpatient facility. After more serious injuries, you may even need to relearn how to walk, talk, and perform simple daily activities.

In other cases, you will have the option of pursuing ongoing outpatient care. Your doctor may refer you to a physical therapist, speech pathologist, or even a neuropsychologist.

The type of rehabilitation you undergo, as well as the duration will depend on your specific injury and overall condition.

How can a brain injury accident lawyer help?

This post provides a high-level overview of the possible effects of a brain injury resulting from a car accident. These effects can range from physical to cognitive, and can vary in severity. It is important to remember that each individual's recovery will be unique. Such an injury is often life altering and they're among the most costly injuries to heal.

As you navigate through life after this type of accident, costs may add up quickly. You may not be able to work as much as you used to, if at all. Continued care through therapy and rehabilitation may be necessary for an indefinite amount of time.

At Huber Thomas & Marcelle, we understand the serious nature of this type of injury. We’re dedicated to getting you the compensation you deserve so you can heal. Our team is here to support you each step of the way. Our goal is for you to focus on your recovery, not how you’ll pay the ongoing bills.

Are you suffering from a car accident brain injury? Do you want to find out if legal representation is right for you? Contact us today for a free consultation. We can help you learn more about your options moving forward.

A car accident can instantly and drastically change your best-laid plans. At that moment, your life and priorities change. From the moment the accident occurs, though, it can feel overwhelming to deal with the fall-out when talking to the police, insurance companies, your healthcare team, and more. A car accident lawyer can bring order to the chaos. Choosing when or if to contact an attorney isn't always clear-cut, but this post gives some general guidance.

Overall, though, if you were recently involved in an accident, our team of New Orleans car accident lawyers at Huber Thomas & Marcelle are always here to help. We offer free consultations so you can protect yourself from the day of the accident and beyond. We'll realistically explain your next best steps, whether that's representation or taking on the case yourself. Contact us for more information or keep reading to learn more.

What should I do immediately after a car accident?

The minutes, hours, and days after an accident can be a whirlwind. Your first priority is you and your loved one's safety. Get immediate medical attention if any one has been injured in any way—even if that injury seems small. After the stress and adrenaline of an accident wears away, what appears to be small injuries can become much more serious. Because of this, it's best to have a doctor check it out.

If you feel safe to do so, gather some basic evidence from the site of the accident. Take photos of the accident site, any property damage to cars, and any skid marks on the road or roadside. Ask for information from the other drivers involved, including name, phone number, license plate, and insurance information.

We cover more information about this in a recent post on the personal injury claims process. However, there are two additional things you should know after an accident.

Postpone talking to the other party's insurance company

An insurance company begins work right after an accident. They know it's in their best interest to talk to you as soon as possible. This is when you're at your most vulnerable. You likely don't understand the full scope of your injuries or property damage. You're exhausted from the accident.

When the other insurance company calls, you are not required to talk to them.

If they contact you, they will likely ask for a recounting of the accident. In your post-accident state, you may neglect to provide details that could be important to your case later on or answer a question in a way that frames you negatively if the matter does go to litigation. They may also ask leading questions that you're not equipped to answer.

The other insurance company will probably offer a small amount of money to settle your claim, too. Unfortunately, after an accident, you simply won't know the full extent of your injuries or property damage. This settlement will generally only cover the most basic repairs or medical costs. This settlement offer also includes a release that will make it impossible to bring a later claim against them.

For these reasons, it's best only to talk to an attorney, your own insurance company, your medical team, and the police after an accident.

Be aware of Louisiana car accident laws

Louisiana has multiple laws governing car accident matters. According to Louisiana Revised Statutes §32-398, you should immediately report any accident that results in injury or death to a person and results in more than $500 in property damage. When you call the police after an accident, they'll write up this report and guide you through any other steps.

If you can, you should also clearly document any evidence and gather witness testimony to better and more clearly define who was at fault during an accident. Louisiana is a "comparative fault" state according to Civil Code Article 2323. If you are awarded damages after litigation for a car accident, they'll be reduced by your level of fault in the crash.

What does this mean? Let's say you have damages equaling $200,000. If it's determined that you were 25% at fault for the accident, the total of your damages ($200,000) is reduced by your amount of fault in the accident (25%). This leaves you instead with $150,000 in awarded damages. That being said, even if you were partly at fault, you can still be entitled to compensation after an accident.

How do I know if I need a lawyer after a car accident?

After you've received medical attention and documented the accident as much as possible, it's time to think about asking a car accident lawyer for help.

To start, most attorneys offer free consultations. Highly-respected attorneys with good online reviews will be honest about your case. They'll explain if a case is worth representing or if you're better handling a small accident claim through the insurance process.

However, always contact a lawyer as soon as possible if any of the following occurs:

  • You or a passenger were injured in the accident
  • Anyone in the accident was severely injured or killed
  • There's significant and costly property damage

When an accident leads to significant damages, it means there will be higher claims for medical costs and repairs. Ensuring you receive compensation to cover these from the insurance company will be difficult. It's best undertaken with the help of an attorney who knows the process. They'll start work immediately, gathering evidence and guiding you on the best way forward.

There are other times when you should contact a lawyer after a car accident. If you ever feel overwhelmed or in over your head, ask for help. If any professionals in the matter—your insurance company, the other insurance company, healthcare providers, or the police—aren't dealing fairly, it's time to get support.

An attorney's job is to guide you through the complex legal process. They're experts in what they do, and having a great lawyer by your side can mean the difference between a settlement that barely covers your medical costs and one that helps you recover financially and personally from an accident. An attorney also deals directly with insurance companies on your behalf and takes over your case so you can return back to your life after an accident.

How to find a lawyer after a car accident in New Orleans

If you've been in an accident, it is important to talk to an attorney as quickly as possible.

Look for legal teams that have good reviews online, either through a site like Avvo or Google. Previous clients should note that the attorneys were transparent and helpful throughout the whole process. Especially look for lawyers who are known for being present and ready to answer their client's questions with minimal follow-up time.

Most attorneys will provide free consultations and will take your case on contingency. You won't pay anything upfront unless the attorney helps you win your case or reaches a fair settlement.

Learn more about Huber Thomas & Marcelle

After a car accident, you need the best New Orleans car accident lawyers on your side. We're dedicated to providing legal assistance that makes sense, for every person. Our team will walk you through every step of the process, empowering you to recover after a traumatic event.

Our team is proud to say that we've recovered millions of dollars for our clients in settlements and in trial verdicts. We know how to bring a case against large insurance companies or make sure they offer a settlement that's fair and equitable for you.

If you've been in a car accident and want to learn if legal representation is right for you, contact us today for a free consultation. We're here to help.

If you've recently been in an accident, here's what you should know about the personal injury claims process, from immediately after the accident to hours, days, and weeks after. If you have more questions, our New Orleans personal injury attorneys at Huber Thomas & Marcelle are here to help you make sense of the process. Contact us today for more information.

1. Document the accident

What you do in the minutes or hours after a car accident can make a big difference when it comes to a personal injury claim.

To start, make sure you're safe. Check yourself and any passengers for any injuries. If necessary, call for immediate emergency care. However, even if you have no visible injuries, plan to visit your primary care doctor or an urgent care promptly within the day.

If you feel safe to do so, take pictures of:

  • The overall scene of the accident
  • The surrounding roadside or barriers
  • Any dangerous road conditions or inadequate signage
  • Both your car and any other involved cars, including close-up views of damage
  • The license plates of involved vehicles

Also write down the name, phone number, license plate number, and insurance information of other drivers involved. If there are witnesses nearby, ask for their name and phone number as well.

Once police arrive, thoroughly explain what happened and ask them to take photos before they move vehicles out of the way of traffic. If you have a dash cam, ensure that you're able to access video of the accident. Are there businesses close by? Ask if they have surveillance cameras pointed to the area that you can use, if needed.

While a lot will be going on at once, gathering this clear evidence at the scene of the accident can help your personal injury claims process if your case does eventually go to court.

2. Reach out for professional help

A car accident is a major event, one that you should always get professional help for. Reach out to a few important resources within hours after the accident.

Medical care

This is your first priority. As noted, even if you feel fine after the crash, get checked by a doctor. Don't shrug off symptoms like pain, tingling or numbness, or dizziness. Be honest with your doctor about all of your symptoms and the forces you experienced during the accident. They can test for signs of concussion or other injury.

Your doctor will also record any changes over time. Some injuries, like whiplash, can take up to 48 hours to appear. Talk to your doctor about all changes, and schedule follow-up appointments if your symptoms persist.

Your insurance company

File a claim with your auto insurance company as soon as you can. You pay for their help all year. Make the best use of any resources they offer, such as collision coverage or rental cars. Depending on the coverage you chose, they may cover all or a portion of any accident costs.

You'll likely also receive calls from the insurance company of the other driver. If their driver was at fault, the insurance company's goal is to have you settle for a small cash payment quickly. This isn't a good idea. In the hours and even days after an accident, you won't have a clear understanding of the amount of damage done, both bodily and to your property.

At this point of the personal injury claims process, it's time to talk to someone who does understand the common costs of an accident.

A personal injury attorney

While your insurance company is a valuable resource, sometimes you'll need additional legal help after an accident. Attorneys, like the team of New Orleans personal injury attorneys at Huber Thomas & Marcelle, understand the true costs of an accident.

The injuries that result after a car accident cost money. Beyond medical care, there may be rehabilitation costs, additional childcare, or lost income. A personal injury attorney reviews the facts of your case and projected costs, along with insurance coverage.

At Huber Thomas & Marcelle, we provide support after a life-changing event. We can manage contact with the other driver's insurance company, help coordinate your medical care, calculate a fair settlement, and more. Your initial consultation is completely free and, in many cases, you don't pay anything unless we win your case.

3. Determine a fair settlement

We make sure to get the full story for an automobile accident case. With police and medical reports, your photos, video footage, and witness observations, we reconstruct what happened before and during the accident. We also examine other contributing factors, like dangerous road conditions or manufacturer defects.

Once you have a better idea about any ongoing symptoms or pain, our team works with economic experts to calculate a fair settlement to compensate you for any damages. Then, we typically submit a demand letter on your behalf to the other insurance company.

This demand letter is a document that lays out our arguments about:

  • Who is at-fault for the accident based on our evidence
  • The extent of financial damage the accident caused: medically, to property, and in lost wages
  • Any additional damages you experienced, such as pain and suffering

At this point, the insurance company can agree to our demands and settle the case, negotiate for a lower settlement, or outright deny your claims.

Most insurance companies will negotiate. Our attorneys negotiate on your behalf to ensure you get a full and fair settlement. If the insurance company won't agree to a fair settlement, and you choose to pursue litigation, our team will file an official case against the insurance company or drivers at fault.

4. Prepare your case

We prepare every case as if it could go to court, even though most don't. Because of this, we're ready if you do decide to pursue litigation. At Huber Thomas & Marcelle, we know that when a car crash happens, your world changes. There are unforeseen costs and damages you never expected. We're ready to be your legal advocates so you can get the fair settlement you deserve.

Our legal team will enter the discovery phase once we file your case. Discovery typically includes:

  • Sending written questions to the other party for clarification or more information
  • Requesting documentation to support your case
  • Using state of the art technology to reconstruct the timeline of your accident
  • Scheduling formal interviews (called depositions) with other parties in the accident, like witnesses, your doctor, or police officers

During the discovery phase, we may also be actively working with the other party's insurance company to reach a settlement. This is often done with mediation. With mediation, an impartial third party (the mediator) guides the conversation between the two parties. The mediator doesn't make a final decision like a judge does in a court case. Instead, they help both parties reach a fair settlement together.

5. Take your case to court

The end of the personal injury claims process is with a trial in front of a judge. The vast majority of cases never make it to this point, though. Sometimes insurance companies will even settle the night before or immediately prior to a court case to avoid presenting the case before a judge.

If your case does go to trial, we'll present the evidence and make our arguments for the judge. This can be a complicated and long process, with multiple testimonies and hours in court. Nobody wants to go to trial after a car accident, but if you don't receive the fair compensation you deserve to cover medical and other costs, doing so can save your family's financial health.

At Huber Thomas & Marcelle, we're proud to say that we've recovered millions of dollars for our clients, in hundreds of cases. After a car accident, you need the best New Orleans personal injury lawyers on your side. We're dedicated to providing legal assistance that makes sense, for every person and every matter.

If you've been in a car accident and want to discuss the details of your case, we're here to help. Contact us today for more information.