Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and the information here may not apply to your specific case. Contact a licensed Louisiana attorney to discuss your circumstances.
You are still dealing with the headaches. Maybe the light in your office feels too bright, or you lost your train of thought mid-sentence for the third time today.
The emergency room doctor said it was a concussion. The insurance adjuster called it a “mild injury.” Now you may be wondering whether what you are going through is actually normal or whether something more serious is happening inside your head.
Here is the truth that insurance companies do not want you to focus on: a concussion is a brain injury. It is not a separate, lesser condition.
The medical term is mild traumatic brain injury (mTBI), and despite the word “mild,” the impact on your life can be anything but. Meanwhile, “traumatic brain injury” is the broader category that covers everything from a concussion to severe, permanent brain damage.
Understanding this distinction matters because it directly affects the value of your claim, the medical treatment you pursue, and whether the insurance company takes your suffering seriously.
If you are struggling with symptoms after a car accident and you are not sure what comes next, you do not have to figure this out alone. The Ikerd Law Firm offers free consultations to Louisiana accident victims dealing with head injuries. Call (337) 366-8994 to talk with someone who will listen and help you understand your options.
Yes, and this is one of the most important things to understand about your injury.
The Centers for Disease Control and Prevention (CDC) classifies a concussion as a type of mild traumatic brain injury caused by a bump, blow, or jolt to the head. In a car accident, even one that seems minor, the sudden force of the collision can cause your brain to shift inside your skull.
That movement stretches and damages brain cells, even when there is no visible wound, no bleeding, and no dramatic loss of consciousness.
Doctors use the Glasgow Coma Scale to label concussions as “mild” TBIs. But that label does not mean the injury is small or that recovery will be quick.
The Brain Injury Association of America reports that roughly 15% of people diagnosed with a mild TBI develop symptoms that never fully go away.
When that happens, it is called postconcussion syndrome, and it can include persistent headaches, trouble concentrating, memory gaps, mood swings, and sleep problems that follow you for months or years.
So when an insurance adjuster tells you a concussion is “no big deal,” remember: the medical community disagrees. Your injury has a clinical name. It is a brain injury. And it deserves to be treated like one.
“Traumatic brain injury” is the medical umbrella term for any brain injury caused by an outside force.
The National Institute of Neurological Disorders and Stroke (NINDS) defines it as a disruption in normal brain function caused by a bump, blow, or jolt to the head, or by a penetrating injury. It covers a wide range of severity, and in car accidents, that range shows up more often than most people realize.
Here is how brain injuries from car accidents are generally categorized:
A rear-end collision at a stoplight can cause a concussion. A highway crash or rollover can cause moderate to severe brain damage. And here is something many people do not know: a normal CT scan or MRI does not rule out a brain injury.
Many concussions simply do not show up on standard imaging. That is why a thorough neurological evaluation, not just a scan, matters so much.
Louisiana has its own set of rules that shape how brain injury cases play out.
These laws will help you understand why certain steps are so urgent and how the legal system is designed to work in your favor or against you, depending on the actions you take.
For accidents that happened on or after July 1, 2024, Louisiana gives you two years from the date of your injury to file a lawsuit (La. C.C. Art. 3493.1, Act 423).
This filing deadline is called the prescriptive period, and once it passes, you almost certainly lose the right to pursue any compensation at all.
Two years may sound like plenty of time, but brain injury cases move slowly. Symptoms can appear or worsen weeks after the accident.
Medical records take time to compile. And insurance companies are in no hurry to resolve your claim. The sooner you start building your case, the stronger your position will be. Learn more about Louisiana’s personal injury filing deadlines.
As of January 1, 2026, Louisiana follows a modified comparative fault system (La. C.C. Art. 2323, as amended by Act 15). In plain terms, this means that if a jury decides you were 51% or more responsible for the accident, you get nothing. Zero. If your share of fault is less than 51%, your compensation is reduced by your percentage of blame.
For example, say your damages total $200,000 and the jury finds you 20% at fault. You would receive $160,000.
This is exactly why fault disputes matter so much in brain injury cases and why having an attorney who knows how to build a strong liability case can make a real difference in what you recover.
Louisiana’s direct action statute, La. R.S. 22:1269, used to give injured people broad power to sue the at-fault driver’s insurer directly.
As of August 1, 2024, Act 275 has narrowed that right and now allows direct suits against an insurer only in specific circumstances listed in the statute, rather than in every motor vehicle case.
Because those exceptions are technical, a Louisiana personal injury attorney needs to review your case to determine whether a direct action against the insurer is available and strategically worthwhile in your situation.
It depends. No two cases are identical.
But general patterns can help you understand what factors tend to drive settlement values up or down:
What drives these costs up or down? Several things:
Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts and law applicable to each case.
Whiplash and concussions go hand in hand in car accidents. The same violent back-and-forth motion that strains your neck can also cause your brain to shift inside your skull.
When you are dealing with both injuries at once, the combined toll on your body, your ability to work, and your quality of life is greater, and your claim should reflect that.
General settlement ranges for combined whiplash and concussion cases:
The most important thing you can do for a combined injury claim is document everything thoroughly.
See a doctor right away. Follow every treatment recommendation. And keep a record of how your injuries affect your days: the work you missed, the activities you cannot do, the relationships that are strained because you are not yourself right now.
The actions you take in the days and weeks after your accident can shape the outcome of your entire case.
Here is what you should focus on:
The Ikerd Law Firm handles personal injury cases throughout Louisiana, including brain injury claims from car accidents. We understand the medical complexity of these cases and know how to present your story in a way that reflects the real impact on your life.
A brain injury can turn your world upside down. The headaches, the confusion, the fear that things might not get better: these are real, and they matter. You should not have to navigate the legal side of this alone, especially while you are trying to heal.
The Ikerd Law Firm is here for people in exactly your situation. Call (337) 366-8994 today for a free consultation. There is no obligation and no upfront cost.
You will not pay anything unless your case is successful. All we ask is the chance to listen, answer your questions, and help you understand the path forward.
Yes. A concussion is classified as a mild traumatic brain injury (mTBI). The word “mild” refers to the initial severity on a medical scale, not to how the injury feels or how long it lasts. Many people with concussions develop post-concussion syndrome, which can cause symptoms that persist for months or longer.
A traumatic brain injury is any disruption in brain function caused by the force of a car accident.
This includes concussions, brain contusions, diffuse axonal injuries, and more severe forms of damage. The impact of the crash, sudden deceleration, or objects striking your head can all cause brain injuries ranging from mild to severe.
Concussion settlements generally range from $20,000 for mild cases with a quick recovery to $750,000 or more when post-concussion syndrome or long-term cognitive issues are involved.
Your specific amount depends on your symptoms, medical costs, lost income, and how the injury has affected your daily life. No attorney can guarantee a specific outcome because every case turns on its own facts.
Combined whiplash and concussion settlements typically range from $10,000 to $200,000, with more severe cases reaching $500,000 or higher.
The value depends on how long both injuries last, the quality of your medical documentation, and the overall impact on your ability to work and live your life the way you did before the accident.
Ikerd Law Firm