Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
A traumatic brain injury can change a person’s life in an instant. A blow during a car crash, a fall, or a workplace accident can leave someone with memory loss, mood changes, and an inability to work, sometimes for years. These cases are medically complex and expensive, which is exactly why insurers fight hard to limit what they pay.
As a New Orleans brain injury lawyer, Allan Berger & Associates, P.L.C. has represented TBI victims and their families across southeast Louisiana for nearly 50 years. We bring in the right medical experts and build claims that reflect the true, lifelong cost of a brain injury.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Your New Orleans brain injury claim at a glance
|
Your question |
What Louisiana law says |
| How long do I have to file? | Two years from the injury for events on or after July 1, 2024, under Louisiana’s two-year filing deadline. Earlier injuries have one year. |
| Can I recover if I was partly at fault? | Yes, if you are less than 51% at fault. Louisiana uses a modified comparative-fault rule with a 51% bar, effective January 1, 2026. |
| Who can be held responsible? | A negligent driver, a property owner, an employer, a product maker, or any party whose carelessness caused the injury. |
| What does a lawyer cost up front? | Nothing. We work on a contingency fee, so you pay only if we recover money for you. |
| What can I recover? | Medical bills, future care, lost earning ability, pain, suffering, and support for caregivers. |
Common causes of brain injuries in New Orleans
A TBI can come from any event that jolts or strikes the head. The cases we see most often grow out of car, truck, and motorcycle crashes, where the sudden force of a collision drives the brain against the skull. Falls on poorly maintained property are another frequent cause, along with pedestrian and bicycle collisions in which the victim has no protection at all.
Workplace and construction accidents add to the count, particularly when a worker is struck by falling objects or heavy equipment. Acts of violence and assault can also leave lasting brain damage. When someone else’s negligence caused the injury, that party is responsible for the harm that follows, and we work to prove that connection.
Symptoms of a traumatic brain injury
Brain injuries do not always show up right away, which is why prompt medical care is essential. Early warning signs include persistent headaches, dizziness, and nausea, along with memory problems and trouble concentrating. Many victims experience confusion, slowed thinking, or slurred speech in the days after an injury.
Mood changes are common too, from irritability and anxiety to depression, as are sensitivity to light and sound and disrupted sleep. In serious cases, a victim may suffer seizures or lose consciousness. Even a so-called mild concussion can have lasting effects, so documenting symptoms early helps connect them to the accident that caused them.
Why brain injury cases are harder to prove than other claims
A TBI claim is rarely about a single hospital bill. The lasting cost can include years of therapy, lost career earnings, home care, and a reduced quality of life. Proving that full cost takes neurologists, life-care planners, and economists who can show what the future holds.
Louisiana follows a modified comparative-fault rule. If you are less than 51% responsible, you still recover, with your award reduced by your share of fault. Insurers often argue a brain injury is exaggerated or pre-existing, so the medical proof has to be airtight. We assemble that record and connect every symptom to the event that caused it.
How a New Orleans brain injury lawyer can help
Brain injury claims are won on the strength of the medical and financial proof, and that is where an experienced traumatic brain injury lawyer makes the difference. We start by securing the evidence of fault, from the police or incident report to witness accounts and scene photographs. Just as important, we build the medical record. We coordinate with your treating physicians and bring in neurologists and neuropsychologists whose testing can document an injury an insurer claims it cannot see.
We then translate that medical picture into the full lifetime cost of your injury, working with life-care planners and economists to project future treatment, in-home care, and lost earnings. A brain injury attorney in New Orleans handles every conversation with the insurer so the value of your claim is never undercut by a careless remark, and we negotiate from a position of strength. If the insurance company will not pay fairly, we are ready to take your case to trial. Your family focuses on recovery while we carry the case.
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Compensation a brain injury victim can recover
Louisiana law allows both economic and non-economic damages, and in a brain injury case the economic side is often substantial. It covers emergency care, surgery, hospital stays, and rehabilitation, plus the ongoing cost of cognitive therapy, in-home care, assistive devices, and home modifications. It also includes lost wages and the reduced or lost ability to earn a living, which can stretch across an entire career.
Non-economic damages address the deeply personal effects of a brain injury, including physical pain, emotional suffering, personality changes, and the loss of the life and relationships you had before. Family members who become full-time caregivers can also be part of the claim. When a brain injury is fatal, the family may pursue a wrongful-death claim. We make sure the settlement reflects the true, lifelong impact rather than the bills already received.
What to do after a head injury in New Orleans
The steps you take early protect your health and your claim:
- Get emergency medical care and follow every treatment instruction.
- Keep all records, scans, and provider notes.
- Write down symptoms as they appear, with dates.
- Photograph the scene and preserve any evidence.
- Avoid recorded statements to the insurer.
- Speak with a New Orleans brain injury lawyer before accepting any offer.
How long you have to file a brain injury claim in Louisiana
Louisiana gives you two years from the date of the injury for events on or after July 1, 2024. Earlier injuries fall under the old one-year deadline. Brain injury cases take time to develop because the full effects unfold over months, so starting early gives us room to document everything properly.
Frequently asked questions
What if my brain injury seemed minor at first?
Many serious traumatic brain injuries begin with mild symptoms that worsen over days or weeks. As long as the injury traces back to someone else’s negligence, you may have a valid claim even if it appeared minor at the scene. Prompt medical care and clear records make that link easier to prove.
Who pays for my long-term care and lost income?
A successful claim can fund future medical treatment, in-home care, and the wages you lose while unable to work. We bring in life-care planners and economists to calculate those long-term costs so the settlement reflects the full lifelong impact, including the expenses still to come.
How do you prove a brain injury the insurer cannot see?
We rely on objective evidence such as imaging, neuropsychological testing, and treating-physician opinions, paired with accounts from family and coworkers who notice the changes. Together this shows how the injury affects memory, mood, and daily function, which counters the common argument that the harm is exaggerated.
What if I had a prior head injury or condition?
You can still recover. Louisiana law allows compensation when negligence worsens a pre-existing condition, often called the eggshell-plaintiff rule. We work with your doctors to separate your baseline from the new harm so the at-fault party is held responsible for the damage they actually caused.
Will my case have to go to trial?
Most brain injury claims settle, but the threat of trial is what drives insurers to offer full value on a high-cost case. We prepare every file as if a jury will decide it, and we keep you informed so you can choose whether to accept an offer or push forward.
How much is my brain injury case worth?
It depends on the severity of the injury, the cost of future care, your lost earning ability, and the effect on your daily life. No lawyer can promise a number up front, but we can give you a realistic range after reviewing your case during a free consultation.
Why trust Allan Berger & Associates, P.L.C.?
Founded by Allan Berger in 1975, our firm has spent nearly five decades representing injured people and families across Louisiana. Attorney Berger and attorney Andrew J. Geiger have both been named Super Lawyers, and the firm holds the AV Preeminent® rating from Martindale-Hubbell, the highest peer rating for legal skill and ethics. Gambit Weekly and Louisiana Legal Leaders have recognized our work as well.
Insurance carriers know we prepare every case for trial, and that reputation gives our clients an advantage when it comes time to settle. From our office on Canal Street, we treat every brain injury case with the preparation and personal attention it deserves.
You pay nothing unless we win, and your first consultation is always free.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.