A brain injury can change the course of a person's life in a single moment. Whether it happens in a car accident on I-10, a fall on a cracked sidewalk in the French Quarter, or a workplace incident near the Port of New Orleans, the effects can reach into every part of a person's daily routine, from their ability to work to their relationships with family. If someone else's negligence caused your injury, you may have the right to pursue compensation for your medical care, lost income, and the broader impact the injury has had on your life.
At Frischhertz & Impastato, we represent people throughout New Orleans who are living with the aftermath of a traumatic brain injury. Our attorneys bring a combined 85+ years of experience to personal injury cases, and we focus exclusively on representing injured people and their families. We are relentless in our pursuit of justice, preparing every case for trial because that’s often what it takes to show the other side we’re serious about accountability. When push comes to shove, we always go to bat for our clients.
Call (504) 276-6962 or contact us online to schedule a free consultation. There are no fees unless we recover compensation for you.
A traumatic brain injury, or TBI, occurs when a sudden jolt, blow, or penetrating injury disrupts normal brain function. These injuries range in severity. For example, a relatively mild TBI, such as a concussion, may involve temporary confusion or headaches, while moderate and severe TBIs can result in permanent cognitive, physical, or emotional impairments.
Some brain injuries, like a diffuse axonal injury, occur when the brain shifts rapidly inside the skull, damaging nerve tissue in ways that don't always show up on initial scans. This can make diagnosis challenging, and victims may have to undergo continuous testing and see multiple providers before they begin receiving treatment.
Because symptoms can be subtle or delayed, brain injuries are sometimes missed entirely at the scene of an accident or in an initial emergency room visit. A person might feel fine immediately after a crash or fall, only to develop headaches, memory problems, or mood changes days or weeks later. That's part of why prompt medical evaluation matters, along with documentation connecting any diagnosis back to the incident that caused it.
Common Causes of Brain Injuries in New Orleans
Brain injuries can happen in almost any setting, but certain causes come up often in and around New Orleans, including:
Car and motorcycle accidents on congested corridors like the Pontchartrain Expressway and Claiborne Avenue
Falls caused by uneven sidewalks, potholes, or poorly maintained stairways, particularly in older buildings throughout the French Quarter and Garden District
The effects of a brain injury often extend well beyond the initial recovery period.
Common TBI symptoms include:
Memory loss
Difficulty concentrating
Chronic headaches
Sensitivity to light or noise
Mood swings
Changes in personality or behavior
Severe injuries may result in permanent cognitive decline, loss of motor function, or the need for lifelong care. Families are often affected too, taking on caregiving responsibilities or adjusting household finances to accommodate ongoing treatment.
Establishing fault in a brain injury case often requires piecing together evidence from multiple sources, including accident reports, medical records, witness statements, and input from treating physicians.
Generally, to prove liability, the plaintiff (or their attorney) must establish the following four elements:
The defendant owed the plaintiff a duty of care, meaning they had a legal responsibility to keep the plaintiff relatively safe
The defendant failed to uphold the duty of care, usually through an act of negligence, recklessness, or illegal conduct
The plaintiff was injured, and the injury led to measurable damages, such as medical expenses and pain and suffering
The defendant’s failure to uphold the duty of care was the direct or the proximate cause of the plaintiff’s injuries
As of January 1, 2026, Louisiana follows a modified comparative negligence standard, which means an injured person can still recover compensation as long as they were 50% or less at fault, though their recovery is reduced by their percentage of fault.
The Financial Impact of a Brain Injury
A traumatic brain injury can create financial challenges that continue long after the initial accident. Medical bills may begin with emergency treatment and hospitalization, but the costs can continue through rehabilitation, follow-up appointments, prescription medications, therapy, and other forms of ongoing care. For people with serious or permanent impairments, additional expenses may include in-home assistance, specialized equipment, transportation, or modifications to make a home more accessible.
The financial impact can also extend to a person's ability to earn a living. Depending on the severity of the injury, a TBI may prevent someone from returning to their previous job, reduce the number of hours they can work, or require them to change careers entirely. This can result in lost wages and reduced future earning capacity. The Centers for Disease Control and Prevention notes that moderate and severe TBIs can lead to long-term health problems and may require ongoing rehabilitation and care.
Family members may experience financial strain as well. Someone may need to take time away from work to provide transportation, assistance with daily activities, or caregiving. When these immediate and future costs are considered together, the overall financial consequences of a brain injury can be substantial.
If another party's negligence caused the injury, compensation may be available for certain economic losses, including current and future medical expenses, lost income, diminished earning capacity, and necessary home modifications or assistive equipment. A careful evaluation of both present and anticipated expenses can help ensure that the full financial impact of the injury is considered when pursuing a claim.
What Compensation Can TBI Survivors Recover?
Ostensibly, the purpose of recovery in a brain injury case is to make the victim “whole” again. Of course, at Frischhertz & Impastato, we recognize that nothing can undo the life-changing effects of a TBI. However, fair compensation can help ease the physical, emotional, and financial burdens associated with these catastrophic injuries.
Depending on the severity of the injury and the circumstances surrounding it, compensation in a brain injury case may include:
Current and future medical expenses, including surgery, rehabilitation, and long-term care
Lost wages and diminished earning capacity
Pain and suffering
Loss of enjoyment of life
Costs associated with home modifications or assistive equipment
Wrongful death damages, when a brain injury is fatal
Louisiana's Deadline for Filing a Brain Injury Lawsuit
Louisiana law generally requires a personal injury lawsuit to be filed within two years of the date of injury for injuries occurring on or after July 1, 2024. This deadline, known as a prescriptive period, can be affected by certain circumstances, so it's best to speak with an attorney as soon as possible rather than wait to see how symptoms develop.
Why New Orleans Families Turn to Frischhertz & Impastato
Brain injury cases often involve complex medical evidence and long-term care needs. Insurance companies frequently push back hard against these claims, because they know how much they cost. Our brain injury attorneys in New Orleans prepare every case as though it's headed to court, because that preparation often makes a difference in the outcome. We've stood up to large insurance companies, powerful employers, and big corporations on behalf of injured clients throughout New Orleans, and several of our attorneys have been recognized by respected legal organizations, including Super Lawyers, Lead Counsel, and Martindale® (formerly Martindale-Hubbell®).
When you hire our firm, you're not getting just one attorney. You're getting a full team of professionals with diverse backgrounds, all working collaboratively on your case. We handle brain injury claims on a contingency fee basis, so you don't pay any attorney's fees unless we recover compensation for you.
If you or someone you love suffered a brain injury in New Orleans, call (504) 276-6962 today or contact us online to talk about what happened and what your options may be.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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