ruston brain injury lawyers

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, 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, 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.

Last updated September 9, 2026