What Is a Traumatic Brain Injury
A traumatic brain injury occurs when an external force disrupts normal brain function. The force can come from a direct blow to the head, a sudden jolt of the body, or an object penetrating the skull. Not every bump on the head qualifies. Medical providers diagnose a TBI when imaging, neurological testing, or clinical observation confirms that brain tissue has been damaged or that brain function has been altered.
TBIs fall into several categories based on the mechanism of injury. A concussion is a mild TBI caused by rapid acceleration or deceleration of the brain inside the skull. A contusion is a localized bruise on brain tissue, often caused by a direct impact. Diffuse axonal injury occurs when rotational forces shear the brain's connecting nerve fibers, and it is one of the most common causes of prolonged unconsciousness after an accident. A penetrating injury happens when an object breaks through the skull and enters brain tissue directly.
Each type presents different treatment challenges and long term outcomes. Concussions may resolve within weeks. Diffuse axonal injuries and penetrating injuries frequently result in permanent disability or death. The distinction matters in a legal claim because the type and severity of the injury directly affect the calculation of damages.
Severity Classifications and the Glasgow Coma Scale
Emergency physicians use the Glasgow Coma Scale to classify TBI severity at the scene or in the emergency department. The GCS scores three responses: eye opening, verbal response, and motor response. Scores range from 3 to 15. A score of 13 to 15 indicates a mild TBI. A score of 9 to 12 indicates a moderate TBI. A score of 3 to 8 indicates a severe TBI.
These classifications guide immediate treatment decisions and also shape the trajectory of a legal case. A severe TBI with a GCS score below 8 typically involves extended intensive care, surgical intervention, and months or years of rehabilitation. Moderate TBIs often require inpatient treatment followed by outpatient therapy for cognitive and physical deficits. Even mild TBIs can produce persistent symptoms including headaches, memory loss, difficulty concentrating, and mood changes that interfere with the ability to work.
Medical records documenting the initial GCS score become important evidence in a personal injury claim. Insurance adjusters and defense attorneys often argue that a higher GCS score means the injury was minor. Neuropsychological testing conducted weeks or months after the injury can reveal cognitive deficits that the initial GCS score did not capture.
Common Causes of Brain Injuries in Northwest Louisiana
Motor vehicle accidents are the leading cause of TBI claims in the Shreveport area. Interstate 20, Interstate 49, and the network of state highways through Caddo and Bossier parishes carry heavy traffic volumes that include commercial trucks, oil field vehicles, and commuter traffic. A collision at highway speed generates enough force to cause serious brain injury even when the occupant is wearing a seatbelt.
Truck accidents on I-20 between Shreveport and Monroe or along I-49 toward Natchitoches produce a disproportionate number of catastrophic TBIs. The weight difference between a loaded commercial truck and a passenger vehicle means the occupants of the smaller vehicle absorb most of the impact energy. Federal motor carrier regulations govern truck driver hours of service, vehicle maintenance, and cargo securement. Violations of those regulations can establish negligence.
Falls are the second most common cause. Construction sites, commercial properties, and nursing homes in the Shreveport area all generate fall related TBI cases. Louisiana premises liability law under La. C.C. art. 2317.1 requires a property owner or custodian to exercise reasonable care. The injured person must prove that the owner knew or should have known about the dangerous condition and failed to correct it. Workplace accidents, including falls from scaffolding and injuries from falling objects, may involve both workers' compensation and third party liability claims against equipment manufacturers or general contractors.
Proving Causation and Damages in a TBI Claim
Louisiana negligence law requires the injured person to prove four elements: duty, breach of duty, causation, and damages. La. C.C. art. 2315 provides the foundation for general damages claims, including compensation for pain and suffering, mental anguish, and loss of enjoyment of life. La. C.C. art. 2315.6 allows a spouse, children, parents, or siblings to recover for loss of consortium when the TBI victim's injuries are severe enough to fundamentally alter the family relationship.
Causation in TBI cases requires medical evidence linking the accident to the brain injury. Neurologists interpret imaging studies such as CT scans and MRIs. Neuropsychologists administer standardized cognitive testing to measure deficits in memory, attention, processing speed, and executive function. These expert witnesses provide testimony that connects the diagnosed injury to the specific accident and distinguishes it from any preexisting conditions.
Future damages in TBI cases often exceed past medical expenses by a wide margin. A life care plan prepared by a qualified expert projects the cost of future medical treatment, rehabilitation, assistive devices, home modifications, and attendant care over the injured person's remaining life expectancy. Vocational rehabilitation experts calculate lost earning capacity when the TBI prevents the injured person from returning to their previous occupation. Economists then reduce those future losses to present value for presentation to a jury.
Louisiana's comparative fault system affects the final recovery. For accidents occurring on or after January 1, 2026, Louisiana applies a 51% bar to recovery. If the injured person is found to be 51% or more at fault, that person recovers nothing. For accidents before that date, Louisiana applied a pure comparative fault system that reduced recovery by the injured person's percentage of fault without barring it entirely. The applicable rule depends on the date of the accident, not the date the lawsuit is filed.
The Legal Process for Brain Injury Cases in Louisiana
The prescriptive period for personal injury claims in Louisiana depends on the date of the accident. For accidents occurring before July 1, 2024, the prescriptive period is one year from the date of injury under La. C.C. art. 3492. For accidents on or after July 1, 2024, the prescriptive period is two years. Missing this deadline eliminates the right to file suit regardless of the severity of the injury.
TBI cases filed in Caddo Parish proceed through the First Judicial District Court. The process typically begins with a demand to the at fault party's insurer. If the insurer does not offer adequate compensation, the injured person files a petition in district court. Discovery follows, during which both sides exchange medical records, depose treating physicians and expert witnesses, and gather evidence about liability and damages.
Many TBI cases resolve through negotiated settlement before trial. The strength of the medical evidence, the clarity of liability, and the quality of the expert testimony all influence the insurer's willingness to settle. Cases that do not settle proceed to a jury trial. In Caddo Parish, juries hear evidence from both sides and determine both liability and the amount of damages. The jury's verdict is subject to appellate review by the Louisiana Second Circuit Court of Appeal, which sits in Shreveport.
An attorney handling a TBI case manages the coordination of medical providers, expert witnesses, and litigation strategy from the initial investigation through resolution. Early involvement allows the attorney to preserve evidence, direct the injured person to appropriate medical specialists, and begin building the evidentiary foundation the case requires.