# ruston brain injury lawyers Life can change forever after a traumatic brain injury. No matter how or where TBIs happen, many leave victims with devastating impairments, and many are caused by some type of negligence. When that is the case, the injured can be entitled to compensation and justice. At Trey Morris Injury Lawyers, we are dedicated to obtaining justice for negligence victims and brain injury survivors. For more than two decades, our Ruston brain injury lawyers have been providing exceptional advocacy when it matters most. We know what it takes to stand up to the toughest opponents, and we have what it takes to win the most complicated TBI cases. Trey Morris Injury Lawyers has recovered millions in all types of TBI cases. ## TBIs Defined: What Is a Traumatic Brain Injury? Brain damage caused by an external force or some type of trauma, rather than disease or genetic disorder, is a traumatic brain injury. Generally, there are two ways to sustain TBIs: a direct blow to the head, or violent shaking that causes the brain to move inside the skull. ## TBI Statistics and Brain Injury Facts Traumatic brain injury statistics show that these [catastrophic injuries](/louisiana/catastrophic-injury-lawyer/ruston/) happen far too often, with crippling results and enormous costs. TBI complications kill nearly 1,200 people every week while causing more than 4,300 others to be hospitalized. ## Top 4 Causes of Traumatic Brain Injury ### TBI Cause 1: Falls Falls are a leading cause of TBIs. While many minor falls result in concussion, serious falling accidents are responsible for about one in three deadly traumatic brain injuries. Fall-related TBIs have surged by more than 20 percent since 2006. A fall does not have to occur from an elevation to cause serious TBIs. [Slip and falls](/louisiana/premises-liability-lawyer/) are a common cause of moderate to severe traumatic brain injury. Elderly adults are particularly vulnerable. Unsafe properties, dangerous equipment, and failure to comply with safety regulations can all contribute. ### TBI Cause 2: Auto Accidents [Car accidents](/louisiana/car-accident-lawyer/ruston/), truck crashes, bus wrecks, and other traffic collisions cause about 50 percent of all TBIs and about 25 percent of all fatal traumatic brain injuries. Motor vehicle accidents are the second-leading cause of TBI deaths and hospitalizations. Individuals between 15 and 24 have the greatest risk of sustaining a TBI in a traffic collision. Driver negligence is a primary cause, but trucking companies, automakers, and others may also be involved depending on how a crash happened. ### TBI Cause 3: Defective Products Consumer products, equipment, electronics, and vehicles can hold hidden dangers when manufacturers design inherently unsafe items, use hazardous substances, fail to test product safety, or fail to warn the public about associated risks. Defective products may cause falls or auto accidents leading to TBIs, or may directly cause explosions, equipment collapses, and other incidents resulting in brain injury. ### TBI Cause 4: Work Accidents Jobs involving heights, such as roofing, construction, and logging, carry high risks of on-the-job falls and traumatic brain injury. Jobs involving industrial equipment, such as maritime, oil, gas, and manufacturing, also carry significant TBI risk when equipment is poorly designed, installed, or maintained. With work-related TBIs, there may be options to file both a [workers compensation](/louisiana/workers-compensation-lawyer/ruston/) claim and a separate TBI claim. ## When Should I Talk to a Ruston TBI Lawyer? Talk to a Ruston brain injury attorney as soon as possible. You do not have to pay anything to talk to or retain a Ruston brain injury lawyer. You will not pay for legal services until or unless compensation is recovered for your claim. ## When Should I File a TBI Claim? It is usually best to file a traumatic brain injury case as soon as you know you have one. Early filing preserves evidence, meets deadlines, and gives your case the strongest possible foundation. ## What Damages Are Included in Brain Injury Compensation? Compensation for TBI claims varies by case based on injury severity, liability, and other factors. If your claim is successful, it could result in compensation for medical bills past and future, lost earning capacity, lost wages, pain and suffering, and other losses. ## Frequently Asked Questions ### What is the deadline to file a brain injury lawsuit in Louisiana? For accidents occurring on or after July 1, 2024, the prescriptive period is two years from the date of injury under [La. C.C. Art. 3493.1](https://www.legis.la.gov/legis/Law.aspx?d=1386443), enacted by Act 423. For accidents that occurred before July 1, 2024, the old one-year prescriptive period still applies. Confirming which deadline governs your case requires verifying the accident date against that effective date. Missing the deadline permanently ends your right to file. ### What is the difference between a mild TBI and a severe TBI in legal terms? Mild TBI (concussion, GCS 13-15) typically requires neurologist and neuropsychologist testimony and focuses on documented cognitive deficits and post-concussion syndrome. Severe TBI (GCS 3-8) involves DAI or coup-contrecoup injuries, often requires a full life care plan projecting decades of medical costs, and supports significantly larger non-economic damages because of permanent disability. The severity classification affects which experts are needed, what discovery is ordered, and what a jury is likely to award. ### Does a concussion qualify as a traumatic brain injury for a legal claim? Yes. A concussion is classified as a mild traumatic brain injury. It occurs when the brain impacts the inner skull wall, which can happen in low-speed collisions. Insurance companies often treat concussions as minor injuries, but documented post-concussion syndrome with persistent cognitive and physical symptoms supports a legitimate personal injury claim. Neuropsychological testing that quantifies the deficits is the key evidence for these cases. ### What medical experts does a Ruston TBI case require? At minimum: a neurologist or neurosurgeon to establish the medical diagnosis, a neuropsychologist to conduct cognitive baseline testing and document deficits, and a biomechanical engineer to connect the accident forces to the injury mechanism. Moderate to severe TBI cases also require a life care planner to project future care costs and a vocational expert to calculate loss of earning capacity. Without these experts, damages are speculative and juries have nothing concrete to award. ### Can I file a claim if my TBI symptoms appeared weeks after the accident? Yes, but delayed onset creates a documentation challenge that the defense will exploit. Insurance adjusters and defense experts argue that a delay between the accident and the appearance of symptoms means the accident did not cause them. A neurologist can explain medically why some TBI symptoms emerge gradually and worsen over time. Early medical records from the accident date, even if they did not initially diagnose TBI, strengthen the timeline. Do not wait to establish the medical record. ### What is a life care plan and why does it matter in a TBI case? A life care plan is a document prepared by a certified medical professional that projects all future care needs for the injured person and the cost of each need over their remaining life expectancy. For moderate to severe TBI, it covers neurologist visits, neuropsychological evaluations, psychiatric care, physical and occupational therapy, medication, and in severe cases, permanent personal care assistance. Without a life care plan, juries cannot calculate future economic damages with any specificity. The plan is the foundation of the largest damages component in most serious TBI cases. ### How does the 51% comparative fault rule affect my TBI claim? Under [La. C.C. Art. 2323](https://www.legis.la.gov/legis/Law.aspx?d=109387), which became effective January 1, 2026, if a jury finds you 51% or more at fault for the accident, you recover nothing. If you are 50% or less at fault, your award is reduced proportionally by your fault percentage. In TBI cases arising from vehicle accidents, the defense regularly argues that the plaintiff was speeding, not wearing a seatbelt, or otherwise contributed to the collision. Accident reconstruction and biomechanical evidence are the tools for countering those arguments. ### What makes TBI claims harder to prove than other injury claims? TBI claims require expert testimony at every stage: causation, severity, future care, and damages calculation. The injury itself is internal and often invisible on standard CT scans, particularly in DAI cases. Defense experts are routinely hired to challenge both the severity of the injury and its causal connection to the accident. Neuropsychological testing can be challenged as subjective. TBI symptoms also overlap with pre-existing conditions like depression, anxiety, and age-related cognitive changes. Defense counsel uses that overlap to attribute the deficits to something other than the accident. An attorney who does not regularly handle TBI cases will underestimate what the proof chain requires.