traumatic brain injury lawsuit
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Brain Injury Law

Brain Injury Lawyer in New Orleans – Chip Wagar of Wagar Richard Kutcher Tygier & Luminais, LLP

What is brain injury law? Brain injury law is tort law that involves a catastrophic injury to the brain. Individuals who have been injured as the result of the negligence or wrongful conduct of others, resulting in a brain injury, may sue under relevant brain injury law.

Brain injuries are complex and diverse. Thus, brain injuries become a complicated legal matter. Brain injury law can include:

  • Tort law and negligence
  • Administrative law (workman compensation)
  • Social security and disability
  • Regulation of sports injuries
  • Motor vehicle injuries 
  • Specific legislation regarding concussion

The legal issues surrounding a brain injury require the skills and knowledge of an attorney well-versed in all the laws and regulations that include brain injuries.

Legal Claims for Brain Injuries

If you or a loved one has suffered a brain injury from a concussion up to a traumatic brain injury that affects the victim for a lifetime, you may have legal remedies. If you believe that someone else is a fault for the injury, you need to take action to protect your rights. That means consulting with an expert lawyer. 

Your prospective attorney needs to understand and know how to proceed under the “negligence” theory of liability. He or she may also need to know what to do if the injury was caused by the failure of a product. 

Traumatic Brain Injury Legislation

In the United States each year, Traumatic Brain Injuries (TBI), are estimated to cost over $76 billion. This excludes the additional cost of the emotional burdens born by victims and their families. 

Recognizing the cost to individuals and societies, many governments have stepped in to help mitigate those costs. Programs and services are funded through state and federal sources.

Twenty-two or more states authorize Medicaid Home and Community Based services waivers for TBI affected patients. 

For those at risk of being institutionalized as a result of a medical condition, 47 states provide funding to help reduce costs to the patient.

Injury and Violence Prevention

States try to prevent cases of TBI through injury related legislation targeting youth sports-related concussions. Some states provide extra funds for the treatment of veterans with TBI or require insurers to provide coverage for survivors of TBI.


The state of Louisiana seeks to limit youth sports concussions through the Louisiana Youth Concussion Act. This act requires concussion education for coaches, officials, volunteers, parents, and guardians.

Any youth suspected of sustaining a concussion can only return to competition after a careful examination and review by a health care provider. That youth must receive written clearance for a graduated or a full return to their sports activity.

As you can see, there is a wide variety of laws that pertain to brain injuries. If you have concerns about the legal issues surrounding your injury or that of a family member, you need the advice and counsel of an experienced TBI attorney.

Call us for a FREE case analysis about a Traumatic Brain Injury. Wagar Richard Kutcher Tygier & Luminais, LLP. 3850 N. Causeway Blvd. Suite 900, Metairie, LA 70002. (504) 838-3030

Brain Injury Law

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