New Orleans

Brain Injury Attorneys

Understanding Brain Injuries & Their Impact

Brain injuries are among the most serious and life-altering injuries one can sustain. Whether caused by a car accident, a serious fall, or safety violations in the workplace, the effects of a brain injury can be devastating, with impacts ranging from physical disabilities to cognitive challenges. Brain injuries often require interdisciplinary medical approaches, involving neurologists, psychologists, and rehabilitation specialists. Many traumatic brain injury (TBI) survivors face significant medical expenses, prolonged rehabilitative therapy, and considerable shifts in how they navigate their everyday lives. These lasting impacts can be incredibly costly physically, mentally, and financially.

The varied and far-reaching effects of a traumatic brain injury highlight the importance of integrating effective legal strategies with top-notch medical and rehabilitative care to ensure a holistic path to recovery. At Clayton, Frugé & Ward, we understand the many facets of recovering from and navigating life with a brain injury. Our traumatic brain injury lawyers in New Orleans have a reputation for aggressively pursuing maximum compensation that not only aids our clients in clearing medical debts and moving forward with their lives but also holds negligent parties accountable. Our goal is twofold: to provide brain injury survivors and their families with the sound legal advocacy they need during what is likely one of the most challenging times in their lives and to make sure those responsible are brought to justice.

If you or someone you love suffered a traumatic brain injury due to the negligent or wrongful conduct of another person or party, reach out to our firm right away for a free consultation: (225) 209-9943. You do not pay any attorney fees unless we win your case.

Types of Brain Injuries 

While all brain injuries are serious, some have more severe impacts than others. Some types of traumatic brain injuries are classified as “mild,” while others are life-threatening and are classified as medical emergencies. 

Even so-called “mild” traumatic brain injuries can have long-lasting consequences, particularly when symptoms are overlooked or dismissed. In many cases, people in the New Orleans area try to return to work or school too quickly because they do not want to fall behind, only to realize later that headaches, memory lapses, or mood changes are not improving. When that happens, it is important to speak with a medical provider and a brain injury attorney in New Orleans who can help connect your symptoms to the original trauma and protect your right to seek compensation before important legal deadlines pass.

Some of the most common types of brain injuries include: 

• Concussions: A concussion is a relatively mild brain injury, though it still requires a medical diagnosis and, in many cases, professional treatment. Concussions are caused by sudden, severe blows to the head or an impact that causes the head to quickly move back and forth. This can cause the brain to jostle around inside the skull, potentially damaging brain cells or leading to chemical changes. 
• Contusions: A brain contusion occurs when a significant blow to the head causes bruising of the brain tissue. In severe cases, this can lead to swelling or bleeding on the brain or inside the skull. Brain contusions often accompany other traumatic brain injuries, such as concussions. In very serious cases, surgery may be required to relieve pressure caused by swelling or bleeding.
• Diffuse Axonal Injury: A diffuse axonal injury (DAI) occurs when nerve fibers in the brain are injured as a result of rapid back-and-forth motions of the head, leading to “shearing,” or microscopic tears in the brain fibers. Symptoms of DAI range from relatively mild (confusion, disorientation, loss of consciousness) to severe (coma, cognitive impairment) or even fatal. 
• Hematoma: A hematoma occurs when blood collects outside of blood vessels or, in other words, a bruise. While most hematomas are considered not serious, a brain hematoma can have significant impacts. These occur either between the brain and the skull or within the brain tissue itself and can lead to complications like increased pressure on the brain, leading to seizures, coma, or death.
• Penetrating Brain Injuries: Penetrating brain injuries include any injury to the head or brain where a foreign object goes through the skull and/or brain. This often leads to catastrophic injury to the brain, leading to long-term disability or death. Other possible complications include an increased risk of infection, seizures, and permanent cognitive impairment. 

What Are the Most Common Causes of Brain Injuries?

Any serious accident can lead to head trauma and a brain injury, but even seemingly minor incidents can also have devastating impacts. All it takes is a sudden blow to the head, and a person's life can change forever.

Traumatic brain injuries are commonly caused by: 

• Vehicle Accidents: With heavy traffic and frequent motor vehicle accidents, collisions remain a leading cause of brain injuries in the New Orleans area.
• Slip and Fall Incidents: Though they may not always seem serious, falls are common and can result in serious head injuries and lasting brain damage.
• Occupational Hazards: Certain industries in New Orleans, such as construction and the oil and gas sector, pose increased risks for brain injuries due to dangerous working conditions.
• Violence: Acts of violence, such as assault, often lead to catastrophic or even fatal injuries, including traumatic brain injuries.
• Sports Injuries: High-impact sports, such as football, are a frequent source of traumatic brain injuries among both youth and adults.

Brain injuries result from a variety of accidents and traumatic events, but one thing these incidents tend to have in common is negligence. A distracted driver crashes into another motorist while sending a text message; an intoxicated individual gets behind the wheel; an employer cuts corners, resulting in safety violations that put workers at risk; or a grocery store fails to adequately warn customers about a wet floor, leading to slips and falls. These are just some examples of how negligence often leads to serious injuries that forever change victims' lives. 

If you believe someone else, whether an employer, a careless driver, or some other person or party, was at fault for your or your loved one's brain injury, reach out to Clayton, Frugé & Ward today. Our traumatic brain injury lawyers in New Orleans can evaluate your case at no cost and provide personal advice on how to proceed. If you have a case, we can immediately begin gathering evidence and building a claim aimed at maximizing your compensation for the past, current, and future damages you and your family have and will likely continue to incur. 

Local Resources & Support for New Orleans Brain Injury Victims

New Orleans is home to several facilities and organizations dedicated to supporting individuals with brain injuries. For example, the LSU Health Sciences Center offers rehabilitation programs tailored specifically for neurological recovery. Additionally, local support groups provide community resources and a sense of belonging for victims and their families. Though we are not partnered with these groups, we can assist clients in connecting with these and other valuable resources, ensuring they receive comprehensive care beyond legal representation.

Many of our clients begin their medical journey in emergency rooms at hospitals in and around Orleans Parish and later transition to outpatient therapy or home-based care. Navigating referrals, insurance approvals, and wait lists can be frustrating, especially when you are already trying to manage new symptoms and responsibilities. As a brain injury lawyer New Orleans residents turn to during these transitions, we can help you understand how your legal claim may interact with ongoing treatment and how to document your care so that future settlement negotiations accurately reflect the full scope of your recovery needs.

Resources for Brain Injury Survivors in New Orleans

• The Brain Injury Association of Louisiana (BIALA)'s virtual support group for brain injury survivors offers a space for those affected by TBIs to connect with other TBI survivors.
  Every first Wednesday of the month
  Call (504) 897-8476 or email TouroBrainInjuryProgram@LCMCHealth.org for more information
• Touro LCMC Health offers free Neuro Support Groups every day, Monday through Friday. Classes focus on topics such as regaining independence, self-advocacy, and enhanced education for both patients and caregivers. 
• The Louisiana Department of Health's Traumatic Brain & Spinal Cord Injury Trust Fund Program (TBSCI) provides assistance to victims of TBIs and SCIs. 
  Visit https://ldh.la.gov/office-of-aging-and-adult-services/traumatic-head-spinal-cord-injury-trust-fund-program for more information on the program and its qualification requirements.
• Various brain injury support groups in both New Orleans and Baton Rouge provide vital connection, support, and assistance to those suffering from TBIs, as well as their family members and loved ones. Support groups may be offered in person or virtually. 

Who Is Liable for a Traumatic Brain Injury? 

TBIs are profound injuries with far-reaching effects on survivors and their loved ones. The cost of treating a moderate to severe brain injury can easily exceed hundreds of thousands—if not millions—of dollars over the course of one's lifetime. No one should have to suffer the physical, financial, and emotional impact of such an injury on their own, especially when the injury could have (and should have) been prevented. 

But who is responsible when someone sustains a TBI? The answer depends on how the injury occurred and whether someone's negligence was to blame. 

For example, if a distracted driver ran a red light because they were looking at their phone to send a text message, causing them to slam into another car that was traveling through the intersection, the distracted driver's negligence would be considered the cause of the accident. If the person in the other vehicle suffered a traumatic brain injury as a result of the crash, the distracted driver (or their insurance provider) would be legally responsible for the injured person's resulting medical costs and other damages. 

In other situations, responsibility may rest with a property owner that failed to repair a known hazard, a company that did not provide proper fall protection on a job site, or a manufacturer that released an unsafe product, leading to a brain injury. Determining who is liable often requires a close review of accident reports, witness statements, safety records, and insurance policies. When you work with a New Orleans brain injury attorney from our firm, we coordinate these investigations and consult with qualified experts so you do not have to piece together what happened on your own.

Common parties that may be liable for a traumatic brain injury include:

• Negligent Drivers. Motorists who speed, text, drive while impaired, or otherwise violate traffic laws on streets like I-10, I-610, or surface roads in Orleans Parish may be held responsible for resulting brain injuries.
• Property Owners and Managers. Businesses and landlords who ignore dangerous conditions, such as broken stairs or unmarked hazards, can be accountable when unsafe premises lead to serious head trauma.
• Employers and Contractors. Companies that fail to follow workplace safety rules or provide proper equipment on construction sites in and around New Orleans may share fault for job-related TBIs.
• Product Manufacturers. Makers of defective vehicles, safety gear, or consumer products can be liable if a hazardous design or manufacturing flaw contributes to a brain injury.

At Clayton, Frugé & Ward, we carefully investigate claims to determine exactly what happened and, most importantly, who was to blame. Our New Orleans brain injury lawyers often work alongside accident reconstructionists, medical professionals, and other expert witnesses who can provide testimony that helps illustrate how the injury occurred, its impact on your life, and who is liable for making you whole again.

How Our New Orleans Team Handles Brain Injury Claims

When you come to us for help after a brain injury, we understand that you may be unsure where to start or what information matters most. We're here to help make the whole process easier. Our first step is to listen to your story, review any records you already have, and identify immediate concerns, such as mounting bills or pressure from an insurance adjuster. From there, we develop a legal strategy that is tailored to the facts of your situation and the outlook provided by your medical team.

As your claim progresses, we work to gather medical records, interview witnesses, and obtain any available photos, videos, or electronic data that can shed light on how the incident occurred. We also monitor your ongoing treatment so we can clearly explain to an insurer, judge, or jury how your daily life has changed since the injury. Throughout this process, we keep you informed, answer your questions, and prepare you for each stage so you understand what to expect and can focus your energy on your recovery.

We aim to build strong cases for brain injury survivors by:

• Carefully investigating the cause of injury. We obtain reports from law enforcement or workplace agencies, visit the scene when needed, and work with reconstruction professionals to understand how the brain injury occurred.
• Documenting the full impact of the injury. We review diagnostic imaging, therapy reports, medical records, and statements from caregivers to show how symptoms affect your work, relationships, and independence.
• Working to hold ALL liable parties accountable. We identify all potentially liable individuals, businesses, or insurers and pursue claims for full compensation through negotiation or litigation in the appropriate Louisiana courts.

Damages You May Recover in a New Orleans Brain Injury Case

The physical, emotional, and financial effects of a brain injury often extend far beyond the first emergency room visit. Survivors may need follow-up care at specialized treatment centers and facilities like University Medical Center New Orleans, ongoing physical or occupational therapy, and, in some cases, lifetime assistance with daily tasks. A civil claim is designed to seek compensation for these wide-ranging losses so that you and your family are not left carrying the burden of someone else’s careless conduct.

Every case is unique, but brain injury survivors often seek compensation for:

• Past and future medical treatment
• Lost income if you are unable to work
• The value of household services
• Pain and suffering
• Emotional distress
• Loss of enjoyment 

In the most serious cases, where a brain injury permanently alters a person’s ability to function independently, we may work with life-care planners and economists to estimate the cost of long-term support and assistive equipment you may need.

Because every situation is different, we take time to understand your specific goals and financial pressures before discussing any settlement offers. Our role is to explain how proposed resolutions compare to the range of outcomes a court in Orleans Parish or the surrounding parishes might award, as well as to help you make informed choices about whether to settle or continue fighting. By approaching damages in this detailed, individualized way, we aim to secure resources that support both your immediate needs and your long-term stability.

Why Choose Clayton, Frugé & Ward for Your New Orleans Brain Injury Claim?

At Clayton, Frugé & Ward, we pride ourselves on our record-breaking achievements and unwavering commitment to our clients. Our landmark $117 million verdict, the largest in Louisiana history, highlights our capability to handle even the most challenging personal injury cases. In the toughest of circumstances, our New Orleans brain injury lawyers provide insightful legal guidance and empathetic emotional support to help clients rebuild their lives.

At Clayton, Frugé & Ward, we take cases that other law firms reject due to their complexity. Our attorneys are not intimidated by powerful corporations and insurance companies that have extensive resources to fight rightful claims. In fact, our resources are equally as vast, and our commitment to pursuing justice for our clients is second to none. Our client-focused approach means we focus on providing continuous communication and transparency throughout the entire process. We want to not only foster trust with those we represent but also help demystify complex legal procedures, enabling our clients to make informed decisions about their futures. 

New Orleans Brain Injury FAQ

What Should I Do Immediately After a Suspected Brain Injury?

Your Legal Pathway Begins Here

If you or a loved one has suffered a brain injury in New Orleans, navigating the legal system can seem daunting. Let Clayton, Frugé & Ward lead the way. Our experienced team of brain injury lawyers in New Orleans is ready to provide comprehensive support and fight aggressively for the justice you deserve. 

For a free consultation with one of our New Orleans brain injury attorneys, call (225) 209-9943 or reach us online.