Caddo Parish · Louisiana

Shreveport Brain Injury Lawyers

Head injury after your Shreveport wreck? How a Caddo Parish brain injury claim gets proven, from lawyers across from the courthouse. No fee unless we win.

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Trey Morris

Shreveport head injuries come off I-20 and I-49, the Inner Loop, Youree Drive, Bert Kouns, and Mansfield Road, and the worst of them go to Ochsner LSU Health Shreveport on Kings Highway, the Level I trauma center. Willis-Knighton and CHRISTUS Highland run the other emergency rooms across the city. The Shreveport Police Department writes the report on a wreck inside the city limits, and the Caddo Parish Sheriff’s Office writes it for the rest of Caddo Parish. A Caddo suit can be filed and tried at the Caddo Parish Courthouse at 501 Texas Street, in the First Judicial District Court, and Trey Morris Injury Lawyers is at 509 Milam Street, across the street from it.

We build a head injury file out of the crash report, the emergency department chart and first CT read, further imaging, and neuropsychological testing (standardized tests of memory, attention, and processing speed), because that is the evidence an adjuster has to answer.

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Results for Louisiana Clients

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  • $409 MillionWrongful Death

    A tragic case where an impaired driver of a commercial vehicle ran a red light, then collided with our client, causing serious bodily injury to the mother and the loss of life of her daughter.

  • $49 MillionMotor Vehicle Accident

    An impaired driver of a stolen vehicle driving the wrong way collided with our client head-on, resulting in brain injury and multiple broken bones.

  • $32,195,000Industrial / Workplace

    Failure to maintain proper safety protocols led to an explosion at an industrial plant causing a series of catastrophic injuries from broken bones, burns, spinal injury, and mental anguish.

  • $31.5 MillionIndustrial / Workplace

    Brain and spinal injuries followed an oil-field company failing to maintain equipment and provide a safe work site.

  • $17.25 MillionCommercial Vehicle Accident

    Client was struck head-on by a disconnected load of an 18-wheeler that crossed the median causing broken bones and amputation.

  • $13 MillionCommercial Vehicle Accident

    On the interstate, an 18-wheeler failed to yield right of way then made an unsafe lane change causing the accident which resulted in major bone breaks, damaged organs, and ultimately a leg amputation.

Past results do not guarantee future outcomes; each case is decided on its own facts.

What Does a Shreveport Brain Injury Lawyer Do, and When Do You Need One?

The trigger is a mismatch between what you live with every day and what your claim file shows. The CT at the emergency room read clean and the discharge sheet said concussion, but three weeks later the headaches have not quit, you lose the thread in the middle of a phone call, and the people who live with you have noticed you are short with them. Turning that into proof a court and an adjuster credit is the work.

Why a Brain Injury Claim Needs More Than a General Personal Injury Lawyer

Three things set a brain injury case apart. The injury is often invisible on standard imaging, so causation gets contested in a way a broken bone on an X-ray never is. Symptoms can appear or worsen days and weeks later, which gives an insurer room to argue something else caused them. And the damages run decades forward: a serious traumatic brain injury can mean a lifetime of care, a career you can no longer hold, and supervision a soft-tissue claim never involves. So the question stops being whether the collision happened and becomes what the collision did to your brain and what that costs over a life, and you answer it with medical and expert evidence, not with the crash report.

Get a lawyer who handles head injuries when any of the lasting-injury signs are present: headaches that will not stop, memory or concentration problems, a change in personality or mood, sleep that has come apart, sensitivity to light or noise, or a diagnosed concussion that is not clearing on schedule. A general personal injury lawyer is the right fit for a clear-liability wreck with injuries that healed.

How We Build a Shreveport Brain Injury Case

The investigation starts in the medical record, with the emergency records, the imaging, and every treating provider’s notes, and adds the neurologist, neuropsychologist, or reader of advanced imaging the case still needs. We build the file in the order it will have to stand up in court (causation first, then damages, then the fault picture) and coordinate the experts so the medical evidence tells one story instead of five: a documented line from the event to the deficits you have now, priced as a lifetime of care and lost earning capacity rather than a few months of bills.

Liability gets built at the same time, from the police report, photographs, event-data-recorder readings, witness statements, and surveillance footage. That evidence disappears on a schedule: skid marks on the Inner Loop get washed away, vehicles are repaired or scrapped, and camera footage records over itself. Once the facts give an honest basis for one, we send a preservation letter covering the vehicles and their event-data recorders, camera footage from the corridor, a property owner’s surveillance video and maintenance logs, and a trucking company’s driver logs and electronic data.

Why Shreveport hires us

Local Office. Statewide Record.

  • Across the Street

    From the 1st JDC

    Our 509 Milam St office sits across the street from the First Judicial District Court, where Shreveport injury suits are filed and tried.

  • 11

    Trial attorneys, one team

    Your case is handled by the firm's own trial attorneys, and we respond in minutes, 24/7.

  • 24/7

    We come to you

    Hospital, home, or the office at 509 Milam St. Free case review, and no fee unless we win.

  • 127

    Cases resolved over $1 million

    Verdicts and settlements of $1 million or more, won by the same trial team that handles Shreveport cases.

What Types of Brain Injuries Do Shreveport Attorneys Handle?

The cases we see here run from a concussion that clears in a few weeks to a diffuse axonal injury that changes how a person thinks for good. How each type is graded, by the Glasgow Coma Scale score, how long consciousness was lost, and how long post-traumatic amnesia lasted, is explained on our Louisiana brain injury lawyer page.

Concussion and Post-Concussion Syndrome

A concussion is a mild traumatic brain injury (TBI). It may involve no loss of consciousness at all and still leave lasting cognitive and emotional deficits, and when the headaches, dizziness, memory trouble, and light sensitivity run past the usual days or weeks, the diagnosis becomes post-concussion syndrome. That is where a lot of Shreveport claims sit, because the symptoms are real and the standard scan is clean. A defense attorney who says just a concussion is arguing the damage was small and temporary, but Louisiana courts treat a brain injury as a factual question decided on medical evidence, not on the name in the chart. These cases rest on consistent treatment records, symptom tracking over time, and the treating physicians who watched the progression.

Diffuse Axonal and Coup-Contrecoup Injuries

Diffuse axonal injury (DAI) shears the axons, the nerve fibers that carry signals between brain regions, when the head snaps forward and back at interstate speed on I-20 and I-49. It often does not show clearly on an early routine CT, and its lasting effects run from cognitive impairment to a persistent vegetative state. A coup-contrecoup injury damages both the impact site and the opposite side of the brain, which strikes the inside of the skull on the rebound. That pattern is common in wrecks where the head decelerates all at once, and each site has to be tied to the mechanics of the crash.

Brain Bleeds and Skull Fractures

Subdural, epidural, and subarachnoid hematomas, intracranial bleeds, and skull fractures do show on a CT or MRI, and they carry a higher risk of permanent deficit, surgery, and long-term care. A bleed or fracture on a scan taken soon after the accident takes away the argument the defense reaches for most, that the brain was never hurt. Severity still matters: a subdural hematoma that resolves on its own is a different case from one that took a craniotomy and months of rehabilitation. A structural injury with clear imaging is proven one way and a mild TBI with normal scans another, and both can support substantial damages.

Hypoxic and Anoxic Brain Injuries

Hypoxic and anoxic brain injuries come from reduced oxygen (hypoxic) or none (anoxic) instead of a blow, after a near-drowning at Cross Lake, a cardiac event, complications in childbirth or surgery, or an anesthesia error. Brain cells start dying within minutes, so these injuries can be severe and permanent with no impact to the head at all. The case turns on a timeline: how long the deprivation ran, when somebody recognized it, and what should have been done.

Pediatric and Second-Impact Syndrome Claims

A child’s brain is still developing, so a head injury can show up years later, when learning, behavior, and executive-function milestones do not arrive. Proving it usually takes baseline comparisons, school records, and neuropsychological testing repeated over time. Second-impact syndrome is rare and often catastrophic: a person, frequently a young athlete, takes a second head injury before an earlier concussion has healed, and the second impact triggers rapid, severe brain swelling. Those cases usually turn on whether a coach, a school, an employer, or a medical provider saw the first injury and held that person out of activity.

How Do Brain Injuries Happen, and Who Can Be Held Liable in Shreveport?

Most brain injuries litigated in northwest Louisiana come from a short list of causes, and how the injury happened decides who gets sued and which records matter. A serious head injury usually traces to more than one party. You can pursue each party whose fault contributed and who is not immune from suit, and each additional defendant usually means another insurance policy and a wider pool the damages can be paid from.

Vehicle collisions cause more traumatic brain injuries around Shreveport and Bossier City than anything else, and the interstate corridors carry heavy commercial traffic. In a tractor-trailer wreck, the motor carrier, a broker, a shipper, or the contractor who maintained the rig can be in the case alongside the driver, and the electronic logging data and event-data-recorder records that reconstruct the crash start overwriting within months.

Falls at grocery stores, casinos along the Red River, apartment complexes, and parking structures in Caddo and Bossier Parishes cause severe head injuries, and for an older adult a ground-level fall onto a hard floor is enough to cause bleeding inside the skull. Those claims turn on what the owner knew or should have known about the hazard and how long it sat there, shown by surveillance video, incident reports, and maintenance logs that are mostly overwritten on a short cycle. When an assault happens on commercial property that failed to provide reasonable security, the owner can share responsibility.

Job sites, oilfield locations, and construction projects produce head trauma from falling objects, falls from height, equipment strikes, and blast or pressure events. Workers’ compensation is the usual route against your direct employer, but that system does not always reach the party truly at fault. Under La. R.S. 23:1101, you can collect workers’ compensation and still sue an outside party whose negligence caused the injury, such as an equipment manufacturer or supplier, or a separate company working the same site. A site owner, a general contractor, or another company above your employer on the job may be different. If the law treats that company as your employer for workers’ compensation (a “statutory employer,” which is common on oilfield and construction jobs), workers’ compensation is your only remedy against it, and you cannot sue it for negligence even though it is not your direct employer.

Medical negligence causes brain damage too, through a delayed diagnosis of a stroke or a bleed, an anesthesia error, or a surgical mistake. Medical malpractice claims run on their own track under the Louisiana Medical Malpractice Act, which adds a review-panel process and a statutory damages structure that ordinary injury claims never see. When a defective helmet, airbag, ladder, or machine causes a brain injury, the manufacturer can be liable under the Louisiana Products Liability Act, and sometimes the distributors and sellers in the chain of commerce; a product liability claim requires keeping the product exactly as it was after the incident.

A dangerous road condition, a negligently operated government vehicle, or an unsafe public facility can support a claim against the state or a political subdivision. Under La. R.S. 13:5106, the liability of the state and its political subdivisions is capped in qualifying suits, subject to statutory exceptions, and these claims carry procedural and notice steps that a suit against a private driver or business does not. Our Shreveport personal injury page covers those rules.

What Are the Symptoms of a Brain Injury After an Accident, and What Should You Do?

Brain injury symptoms are physical, cognitive, and emotional, and some arrive hours or days after the crash or the fall. Two things protect your health and your claim at the same time: see a doctor right away, and let the records describe your injuries instead of describing them yourself to an adjuster.

Symptoms, Delayed Onset, and Emergency Warning Signs

The physical signs include a headache that over-the-counter medicine will not touch, nausea, dizziness, sensitivity to light or noise, ringing in the ears, and blurred or double vision; losing consciousness, even for a few seconds, belongs in the record. Cognitive symptoms feel like ordinary stress: you lose track of a conversation or cannot remember the drive home from Youree Drive. Irritability, anxiety, depression, mood swings, and sleep gone wrong are neurological symptoms, not a character flaw, and family usually notice them first.

Looking fine at the scene rules out nothing, because bleeding or swelling inside the skull builds over hours. Anyone who hit their head, or got jolted hard enough to snap it back, should watch for new or worsening symptoms for at least 24 to 48 hours and get seen the moment one appears. Call 911 or go straight to an emergency room for a headache that keeps getting worse, repeated vomiting, seizures, one pupil larger than the other, slurred speech, weakness or numbness in an arm or a leg, clear or bloody fluid from the nose or the ears, loss of consciousness, an inability to wake someone up, extreme drowsiness, or growing confusion, and in a child, constant crying or refusal to eat or nurse. Minutes count.

Medical Care, Records, and Recorded Statements

A symptom you mention to an emergency room doctor two hours after the wreck carries weight; the same symptom first described three weeks later, after a gap in treatment, hands an insurer the argument that something else caused it. Follow through on referrals for imaging, neurology, or neuropsychological testing, and keep every appointment.

Keep a paper trail of your own. Write down the date of the injury and every provider who has seen you since, ask each one for a complete copy of your chart, and ask the hospital for the imaging itself on a disc, not just the radiology report. Write a dated paragraph each night about symptoms, missed work, and what you could not do. If a helmet or other product was involved, put it in a box and do not let anyone throw it out or repair it, and gather your last two years of pay stubs or tax returns. Bring the provider list to our office on Milam Street; it is where the file starts.

An adjuster will call within days, sometimes within hours, and ask for a recorded statement. You are not required to give one to the other driver’s insurer. Because head injury symptoms are often delayed and easy to understate early, a statement taken before you know how hurt you are becomes the exhibit used to argue you were fine.

How Do You Prove a Brain Injury Claim in Louisiana?

You prove it by showing, more likely than not, that the defendant was at fault, that the fault caused the injury, and that the injury produced real damages (La. C.C. art. 2315). That is the preponderance of the evidence standard: the evidence has to tip the scale past fifty percent, not erase all doubt. The law does not require any particular scan, test, or expert in every case, but a brain injury claim is usually strongest with a documented chain running from the incident, to a diagnosis, to objective medical findings, to a professional opinion connecting the two. A missing link anywhere in the chain is where the defense attacks.

Imaging, Testing, and Expert Witnesses

A CT scan is built to catch bleeding, swelling, and skull fractures, not the microscopic axonal shearing behind many mild and moderate brain injuries, so a person with genuine memory loss and a changed personality can leave the emergency room with a clean scan and a defense that argues no visible injury, no injury. The answer is evidence that measures function and finer structure, such as diffusion tensor imaging and neuropsychological testing, which our Louisiana brain injury lawyer page explains in detail. We get the testing scheduled early. If you have not had it, ask your treating doctor for the referral at your next visit.

Because causation is the contested question in most brain injury claims, expert testimony is close to essential. A treating neurologist, neuropsychologist, or physiatrist testifies to the diagnosis and explains the mechanism of injury, a neuroradiologist explains the advanced imaging, and a life care planner, a vocational expert, and an economist turn future medical needs and lost earning capacity into figures. Statements from family, coworkers, and teachers about the before and after, and a day-in-the-life account, show a jury how the injury reshapes an ordinary day.

Pre-Existing Conditions and Gaps in Treatment

The most common defense theory is that the symptoms came from something other than the accident: a prior concussion, a history of migraines, depression, anxiety, ADHD, a learning difference, plain aging. A defendant takes the plaintiff as he finds him, and aggravation of a pre-existing condition is compensable, so the work is separating your baseline from your condition after the accident, with records of how you functioned before and expert analysis of what the trauma added.

The other wedge is a gap between the accident and the diagnosis. Impaired judgment, memory problems, and no visible wound add up to a person who does not go in, or never connects a mood change six weeks later to the wreck on Bert Kouns. Documenting why the delay happened, and tying the later diagnosis back to the original trauma, is how that objection gets answered.

How Much Compensation Can a Brain Injury Victim Recover in Shreveport, Louisiana?

A Louisiana brain injury claim covers economic damages, the measurable dollar costs, and non-economic damages, the human losses that come with no receipt. In an ordinary injury case Louisiana puts no general statutory cap on non-economic damages, so the value of a serious traumatic brain injury turns on the medical proof and the projected lifetime cost of care instead of a ceiling somebody wrote into a statute. Two exceptions matter: a brain injury caused by medical negligence falls under a statutory cap, and claims against government entities carry their own limits.

For a moderate or severe traumatic brain injury, future care (attendant care, therapy, medication, and repeat evaluations for decades) is usually the single largest element of the claim, and it is proven with a life care plan. Lost earning capacity, what you can no longer earn going forward, matters most for younger clients and for careers that ran on the exact functions a brain injury takes: memory, executive planning, concentration, processing speed. Non-economic damages in a brain injury case carry the personality and cognitive changes that alter who you are at work and at home.

A brain injury caused by medical negligence is the one place these costs work differently. Under the Louisiana Medical Malpractice Act, La. R.S. 40:1231.2 caps total damages against a qualified health care provider at $500,000, combining economic and non-economic damages, and that cap is exclusive of future medical care and related benefits. Future medical care in a malpractice case is not paid as a lump sum inside the cap. It is paid as it is incurred, through the Patient Compensation Fund, which covers qualifying future treatment on an ongoing basis instead of folding it into the capped award.

When a brain injury kills, Louisiana recognizes two separate claims: a survival action for the injured person’s own damages between the injury and the death, and a wrongful death action for the surviving family’s losses.

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  • Adam W.
    Shreveport Office · Oct. 16, 2026

    Trey Morris what a great experience if I ever have to suggest a lawyer's office Morris is my first choice will be suggesting to friends and family

  • Jaime C.
    Shreveport Office · May 4, 2026

    I had a great experience with [Trey Morris Injury Lawyers] in Shreveport.Trey Morris and his team really took care of everything from the beginning and kept me informed the whole time. They were easy to work with and always made sure I understood what was going on. I truly felt like they fought for me.

  • Dena H.
    Shreveport Office · Jun. 2, 2025

    I would greatly recommend [Trey Morris Injury Lawyers] wholeheartedly, I have known Kristen for years and to know that she has moved to such a wonderful law firm and continues to be such a wonderful person, extremely knowledgeable in her field.I highly recommend her as a paralegal to answer all your questions, as all of the group, couldn't ask for more professional and helpful law firm that puts you first and at ease.

  • Kasey L.
    Shreveport Office · Apr. 28, 2025

    Maliyah and Leah have been nothing but great!They are always so pleasant to speak with, very informative, and truly go above and beyond to assist. One of the things I appreciate most is that they always pick up the phone, making communication effortless. It's clear they genuinely have your best interests at heart. I Highly recommend them.

  • Caroline M.
    Shreveport Office · Apr. 28, 2024

    [Trey Morris Injury Lawyers] is an amazing personal injury firm.Meghan Nolen and her team are extremely capable, professional and knowledgeable!

  • Meyoka A.
    Shreveport Office · Apr. 29, 2023

    I got into an accident and I didn't know who to call.A friend of mines told me to call [Trey Morris Injury Lawyers] and I did. They changed my life and I never felt better about that decision. Thank you all

  • Shawanda H.
    Shreveport Office · Apr. 29, 2023

    They was so amazing, communication was awesome!Made sure I was comfortable with my case and I’m grateful for them!

  • Catherine H.
    Shreveport Office · Apr. 29, 2022

    [Trey Morris Injury Lawyers]yer has been the biggest help to me, i highly recommend this company.They are all so nice and they treated me like family.

Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Past results do not guarantee future outcomes.

How Do Insurers Use Fault Against a Brain Injury Claim?

Louisiana cuts a damages award by the percentage of fault assigned to you, and for causes of action arising on or after January 1, 2026, a plaintiff found 51 percent or more at fault takes nothing, while a plaintiff at 50 percent or less has the award reduced by the assigned percentage but not wiped out, under La. C.C. art. 2323. How comparative fault is divided among the parties is covered on our Shreveport personal injury page. Because one point near the 51 percent line is the difference between a substantial award and nothing, the argument over blame is often the actual dispute in a brain injury case, not the medicine.

Head injury cases hand insurers openings other cases do not. You may have been disoriented at the scene or given the officer a scrambled account, and insurers work to convert that confusion into an argument that you were inattentive. Fault also lets a carrier attack a big damages number without conceding the injury is minor: it argues you were speeding on Mansfield Road, not wearing a seatbelt, or looking at a phone, and asks the jury to move 30 or 40 percent onto you. On a high-value TBI verdict, that argument is worth hundreds of thousands of dollars to the defense. We treat fault as its own contested issue: preserve the scene evidence, lock down the reconstruction, and answer the inattention story before it hardens into a number a jury will accept.

What Is the Statute of Limitations for a Brain Injury Claim in Louisiana?

You have two years from the day you were hurt to file suit (La. C.C. art. 3493.1). Louisiana calls this deadline a prescriptive period. Miss it and the court dismisses the case no matter how strong the medical evidence is. The deadline runs on the injury, not on the symptoms: a concussion that looked minor at the scene does not restart the clock when the headaches and memory problems finally send you to a neurologist.

Louisiana recognizes situations where a filing deadline can be suspended because a claimant could not reasonably have known of the injury or its cause. Treat that as a narrow idea rather than a plan. Whether any suspension applies is a fact-intensive question, and we work it at intake by pinning down when the symptoms appeared, when they were diagnosed, and when the link to the accident became apparent. The safer road is always to file inside the standard period.

A severe brain injury can leave someone legally incapacitated, and a young child cannot bring a claim at all. We look at guardianship, curatorship, and capacity in any case involving a child or a severely disabled client and calendar the deadline conservatively.

What Is the Brain Injury Litigation Process in Shreveport, Step by Step?

A Shreveport brain injury case moves through five stages: an initial evaluation and medical record review, filing and service of the lawsuit, discovery, negotiation or mediation, and trial if it does not resolve. Louisiana law lets an injury lawsuit be filed in the parish where the wrongful conduct happened or in the parish where the injury was suffered (La. C.C.P. art. 74). That means a case from a Caddo Parish injury can be filed in the First Judicial District Court, and if your injury happened across the river, the case can be filed in the 26th Judicial District Court in Benton. Those courts are options, not the only places your case can be filed. Nothing gets filed until the record review shows the diagnosis is documented and identifies the potential defendants and whether their insurance can cover a serious injury.

Discovery is the longest stage, with depositions of the parties, the treating physicians, and the witnesses and an exchange of expert reports. The defense will almost always demand an independent medical examination, where a doctor it chose examines you and then disputes the severity or the cause of the injury. Most claims end in a negotiated number, usually through mediation, where a neutral third party works both sides toward a figure, but the file is built as though it will be tried, because a defendant looking at a trial-ready case pays more to stay out of a courtroom.

Why Hire a Local Shreveport Brain Injury Lawyer Instead of a Houston, Dallas, or National Firm?

A brain injury case filed in Caddo Parish is decided under Louisiana rules and argued in a courthouse where the judges, the opposing counsel, and the treating physicians are already known to the lawyers who work here. Venue and medical relationships are the practical reason out-of-state and national firms keep bringing in Louisiana counsel to do the actual work on a Louisiana file. Hiring the local firm puts those lawyers on the case from the start instead of at the end.

Local Courts, Local Experts, and Direct Access

Shreveport brain injury suits are litigated at the Caddo Parish courthouse, with related matters across the river in Bossier Parish and east of here in Webster Parish. Knowing the venue means knowing the standing orders, how each division schedules, how each judge handles an expert-heavy trial, which local defense firms and adjusters sit across the table, and how a jury pool in this part of the state weighs a mild traumatic brain injury whose imaging reads normal.

A local firm also works with the neurologists, neuropsychologists, radiologists, and life care planners who treat and evaluate patients here. The treating providers are close enough for you to keep going back, and the retained experts have local courtroom track records that hold up on cross-examination. Running a client’s care and expert workup through providers three states away adds cost, delay, and friction a local case never carries.

A firm you can drive to, whose attorneys appear in the same divisions year after year, matters more in a head injury case than in any other, because memory and concentration deficits make a distant, hard-to-reach firm genuinely harder to work with. Our case results are public, and the attorneys who handle these files out of the Shreveport office, including Trey Morris, are listed with them. Read both before you decide who to call.

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Frequently Asked Questions

Can I Sue If My Symptoms Appeared Days After the Accident?
Yes. Delayed onset does not bar a claim. Brain injury symptoms often surface hours or days after the impact, once swelling develops or the initial adrenaline wears off. Headaches, confusion, memory trouble, and mood changes that emerge later are still tied to the accident when the medical evidence connects them. The practical concern is documentation, not eligibility. A gap between the wreck and the first medical visit gives an insurer room to argue the injury came from something else. The way to close that gap is to see a doctor as soon as symptoms appear, describe the accident, and let the record show the timeline. Contemporaneous notes from the treating physician carry more weight than a diagnosis assembled months later.
What If I Was Partially at Fault?
You can still recover, and your award is reduced by your share of fault. Louisiana follows a comparative fault system under La. C.C. art. 2323. Your damages drop by the percentage of fault assigned to you rather than being erased. If a jury finds you 20 percent at fault on a $500,000 award, you recover $400,000. For causes of action arising on or after January 1, 2026, a plaintiff found 51 percent or more at fault recovers nothing; at 50 percent or less, damages are reduced by the assigned percentage. Insurers know this and often push to inflate the injured person's share, because every point of fault they can shift lowers what they pay. Being partly at fault is a reason to document the other party's conduct carefully, not a reason to assume you have no claim.
Can I Sue If My CT Scan Was Normal?
Yes. A normal CT scan does not rule out a brain injury. CT imaging is built to detect bleeding, skull fractures, and gross structural damage. It routinely misses the microscopic axonal damage that produces mild traumatic brain injury and post-concussion syndrome. Many people with real, lasting deficits have clean CT results. Proving injury after normal standard imaging usually relies on other evidence: advanced imaging, neuropsychological testing that measures cognitive function, and consistent records from treating providers who document the deficits over time. A normal scan is one data point. It is not the last word on whether the brain was hurt.
What If the At-Fault Driver Had No Insurance?
An uninsured at-fault driver does not automatically leave you without a source of compensation. Your own uninsured and underinsured motorist coverage exists for exactly this situation, and it can pay for injuries the at-fault driver cannot cover. Louisiana drivers who did not reject that coverage in writing generally carry it. Other sources may also apply, depending on the facts. A commercial employer, a vehicle owner separate from the driver, or another party whose conduct contributed to the crash can each be a route to compensation. Identifying every potentially responsible party and every applicable policy is part of building the claim.
Can a Family Member File for a Severely Injured TBI Victim?
Yes. When a brain injury leaves a person unable to manage their own affairs, a family member or other authorized representative can pursue the claim on their behalf. This usually involves a court appointing someone to act for the incapacitated person, who then has authority to file suit, make decisions, and accept a settlement subject to court oversight. The filing deadline still runs, so acting promptly matters even when the injured person cannot participate. The injured person has two years from the day of the injury to file suit (La. C.C. art. 3493.1), and the clock does not wait for the family to sort out representation. Getting the appointment underway early keeps the claim from being lost to a missed deadline.

Last updated October 19, 2026