Average concussion / mild tbi settlement in Louisiana
Typical LA range (2026)
$20K – $125K
Severe cases can reach $950,000 or more. Louisiana settlements trend somewhat below the national average.
Concussions are classed as mild traumatic brain injuries, but their effects — memory problems, headaches, mood changes, sensitivity to light — can persist for months or years (post-concussion syndrome). Insurers underpay these claims because symptoms don't show on standard imaging; documentation is everything.
How a concussion / mild tbi claim actually works in Louisiana
Louisiana uses pure comparative fault: your damages are reduced by your percentage of responsibility, with no cutoff point that bars recovery entirely.
Louisiana's 'No Pay, No Play' law reduces the first portion of an uninsured driver's own damages, regardless of who caused the crash — a rule unique to Louisiana among comparative-fault states.
Louisiana runs on civil law rather than common law, and smaller claims below a statutory threshold are decided by a judge rather than a jury, which changes negotiation dynamics compared to jury-trial states.
Louisiana rules that shape your claim
Filing deadline
2 years
Extended from one year to two for injuries occurring on or after July 1, 2024. Older claims still run on the one-year clock.
Fault rule
Pure comparative negligence
Louisiana uses pure comparative fault: damages are reduced by your percentage of fault, with no cutoff.
Minimum liability coverage
$15K / $30K
Many Louisiana drivers carry only the minimum — a key reason to check your own underinsured-motorist coverage.
Uninsured motorist coverage
Optional
Louisiana does not require UM, which is why so many concussion / mild tbi claims stall at the at-fault driver's minimum limits. Read your own declarations page anyway; most people carry it without realising.
Claim climate
Louisiana runs on civil law, not common law, and has no jury trial right for smaller claims — cases under the statutory threshold are decided by a judge, which changes settlement dynamics substantially. The 'No Pay, No Play' law also cuts the first slice of damages for uninsured drivers.
Fault math, worked through
25% at fault on a $125K claim pays $94K
Suppose a concussion / mild tbi claim in Louisiana is worth $125,000 on the facts. Found 25% responsible, you recover $93,750. Louisiana applies pure comparative negligence, so there is no cutoff — even a claimant found 80% at fault still recovers 20% of their damages. Fault still costs you money proportionally, but it never eliminates the claim.
A typical LA concussion / mild tbi claim is worth more than the minimum policy that has to pay it
Louisiana requires drivers to carry $15K per person. A concussion / mild tbi claim in the typical Louisiana range tops out around $125,000. That is $110,000 of value with no policy behind it if the at-fault driver bought the legal minimum — and a severe case at $950,000 leaves $935,000 unreachable. This is why the first question worth asking is not what the claim is worth but what coverage exists, and why the answer often turns on your own policy rather than theirs.
| Where the money comes from | Available | What decides it |
|---|---|---|
| At-fault driver's liability policyRuns out first | $15K minimum | Louisiana's legal floor per injured person ($15K / $30K). Many drivers carry exactly this and nothing more. |
| Your uninsured / underinsured motorist coverage | Optional | Louisiana does not require it. Check your declarations page anyway; a large share of drivers carry it without knowing, and on a claim this size it is frequently the difference between the policy limit and the actual value. |
| Your medical payments coverage | If purchased | MedPay is optional in Louisiana and usually small, but it pays bills during treatment without waiting for the claim and without regard to fault. |
| Commercial, employer or umbrella policy | Case-specific | If the at-fault driver was working, driving a company vehicle, or delivering, a commercial policy with far higher limits usually sits behind them. On a concussion / mild tbi claim worth $125K or more this is the single most valuable thing to establish early. |
The clock
Louisiana's 2-year deadline against a concussion / mild tbi timeline
A concussion / mild tbi claim commonly runs 9 to 18 months from injury to settlement. Against Louisiana's 24-month filing deadline that leaves roughly 6 months of margin at the long end — enough, but not enough to spend six of them deciding whether to make a claim. The clock runs from the date of the injury, not from the date you realised how badly you were hurt.
Every Louisiana deadline that can end your claim
The headline statute of limitations is rarely the deadline people actually miss.
| Deadline | Window | Why it matters |
|---|---|---|
| Personal injury lawsuit | 2 years from the crash | La. Civ. Code art. 3493.1 — extended from one year, effective for injuries on or after July 1, 2024. Earlier crashes are still governed by the one-year rule. |
| Claim against a government entity | Same 2-year window, but formal notice requirements apply | Government-defendant claims in Louisiana require specific procedural notice — get legal guidance quickly if a public entity was involved. |
What surprises Louisiana claimants
Rules that are specific to Louisiana and routinely catch people who assumed the national norm applied.
The deadline recently doubled — but only going forward
Louisiana extended its one-year prescriptive period to two years for crashes on or after July 1, 2024. An older crash may still be governed by the shorter one-year deadline, so confirm which rule applies to your date of loss.
'No Pay, No Play' punishes uninsured drivers even when they didn't cause the crash
If you were driving without insurance, Louisiana law cuts the first slice of your own recoverable damages — typically the first $15,000 in bodily injury and $25,000 in property damage — even if the other driver was entirely at fault.
Smaller claims skip the jury
Louisiana requires a statutory damages threshold to be met before a case qualifies for a jury trial; below it, a judge decides — which shifts negotiation leverage compared to jury-trial states.
Concussion / Mild TBI settlement bands in Louisiana
National severity bands adjusted for Louisiana's cost of care and verdict climate. Find the row that matches your own treatment.
| Severity | What it looks like | Typical range |
|---|---|---|
| Brief concussion, full recovery | Symptoms resolving within two to four weeks, no imaging findings, no lost work beyond a few days. | $14K–$38K |
| Prolonged recovery | Symptoms lasting one to three months, referral to a concussion clinic, restricted work or screen time. | $33K–$86K |
| Post-concussion syndrome | Symptoms past three to six months, neuropsychological testing showing measurable deficits, vestibular therapy. | $81K–$333K |
| Permanent cognitive deficit | Documented lasting impairment affecting employment, requiring accommodation or career change. | $285K–$1.4M |
Educational ranges compiled from published settlement and verdict reporting. Not a valuation of any specific claim.
Where a LA concussion / mild tbi claim outgrows the minimum policy
Louisiana's minimum liability coverage is $15K per person. Reading down this ladder, a concussion / mild tbi claim clears that figure at the “Brief concussion, full recovery” band — so anyone whose treatment has reached that stage is no longer negotiating over what the claim is worth so much as over where the money is going to come from. Every band on this ladder sits above that figure, so a minimum-limits policy cannot pay a LA concussion / mild tbi claim at any severity.
Brief concussion, full recovery
$15K–$38K
Claim value passes the state minimum here
Symptoms resolving within two to four weeks, no imaging findings, no lost work beyond a few days.
Prolonged recovery
$33K–$85K
Symptoms lasting one to three months, referral to a concussion clinic, restricted work or screen time.
Post-concussion syndrome
$80K–$325K
Symptoms past three to six months, neuropsychological testing showing measurable deficits, vestibular therapy.
Permanent cognitive deficit
$275K–$1.4M
Documented lasting impairment affecting employment, requiring accommodation or career change.
How treatment moves a LA concussion / mild tbi claim
Concussion claims typically take 8 to 18 months, longer than the injury itself, because value cannot be assessed until it is clear whether symptoms will resolve. Post-concussion syndrome claims routinely run two years or more.
Emergency CT scan
Rules out bleeding. A normal CT is expected in concussion and does not mean nothing happened — but the insurer will present it as if it does.
Documented symptom tracking in the first weeks
Concussion claims live or die on contemporaneous records. Symptoms reported at week two carry weight that the same symptoms recalled at month six do not.
Neurology or concussion-clinic referral
Specialist involvement moves the claim out of the soft-tissue bucket and signals that the injury was taken seriously.
Neuropsychological testing
The highest-leverage step in the entire claim. Standardized testing produces objective deficit scores an adjuster cannot wave away.
Vocational assessment
Where cognitive deficits affect work, a vocational expert translates them into a lost-earning-capacity figure — usually the largest number in the file.
Proving a concussion / mild tbi claim in Louisiana
Emergency record noting loss of consciousness, confusion, or amnesia
Neuropsychological test battery with standardized scores
Statements from family or coworkers describing observed changes
Employer documentation of accommodations, errors, or reduced hours
Symptom diary kept from the first week forward
What concussion / mild tbi compensation in Louisiana is made of
The $20K–$125K figure above is a total. These are the parts it is a total of, and which of them you have to document yourself.
Medical bills, at the billed amount
Every concussion / mild tbi demand starts with the total your providers billed — not what a health plan negotiated it down to, and not what you were left owing at the counter. The cost of the same course of treatment runs below the national average in Louisiana, which is part of why the LA range sits below the national one. The bills that get missed are the ones with no claim behind them: the urgent care visit you paid cash for, the brace, the mileage to twenty physical therapy appointments.
Income you already lost, and income you will
Wages you have missed are the straightforward half — a payroll record proves them. Earning capacity is the contested half: what the concussion / mild tbi costs you in the years after the file closes. A LA concussion / mild tbi claim takes 9 to 18 months to value largely because that answer does not exist until a physician will put a lasting restriction in writing. Self-employed claimants carry the heaviest burden here, because there is no employer to write the letter.
Pain and suffering — the line with no receipt
Everything above has a document behind it. This does not, and on a $125,000 concussion / mild tbi settlement it is usually the largest single component. Adjusters build it with a multiplier applied to the medical total or a per-diem rate for each day of documented recovery. Neither is law; both are anchors. The multiplier moves with objective findings — imaging, surgery, a specialist's written restriction — which is why two claimants with near-identical bills settle for very different numbers.
What the figure does not include
Vehicle or property damage settles on a separate track and does not raise the injury number, so accepting that cheque early costs you nothing. Nor does the range above assume you claimed household help, childcare you had to pay for while you could not lift, or the prescriptions you filled without submitting. Those are recoverable and routinely go unclaimed, because nobody keeps receipts for a bad month.
Concussion / Mild TBI in Louisiana: the questions people ask
The questions people actually search for on this topic, answered in full.
How much is a concussion / mild tbi settlement worth in Louisiana?
Typical concussion / mild tbi claims in Louisiana run $20,000 to $125,000, with severe cases reaching $950,000 or more. Louisiana settlements track close to national norms. Your own number depends on treatment, permanence, fault, and the insurance actually available.
How long do I have to file a concussion / mild tbi claim in Louisiana?
Extended from one year to two for injuries occurring on or after July 1, 2024. Older claims still run on the one-year clock. Other deadlines run shorter — claim against a government entity (Same 2-year window, but formal notice requirements apply). Missing the applicable deadline ends the claim regardless of how strong it is.
What happens to my concussion / mild tbi claim if I was partly at fault in Louisiana?
Louisiana uses pure comparative fault: damages are reduced by your percentage of fault, with no cutoff. Suppose a concussion / mild tbi claim in Louisiana is worth $125,000 on the facts. Found 25% responsible, you recover $93,750. Louisiana applies pure comparative negligence, so there is no cutoff — even a claimant found 80% at fault still recovers 20% of their damages. Fault still costs you money proportionally, but it never eliminates the claim.
Who pays my medical bills after a concussion / mild tbi in Louisiana?
Louisiana has no mandatory personal injury protection, so there is no automatic source of payment while the claim is pending. Your health insurance, medical payments coverage if you carry it, or a provider treating on a lien typically covers the bills, and each of those is then repaid from the settlement. That reimbursement is why the gross settlement figure and what actually reaches you are two very different numbers.
Is the minimum insurance in Louisiana enough to cover a concussion / mild tbi?
Louisiana's minimum bodily injury liability is $15K / $30K. A concussion / mild tbi claim in the typical range of $20,000 to $125,000 can exhaust that coverage outright, which is why your own underinsured motorist coverage is often what determines whether a serious concussion / mild tbi is fully paid.
What will the insurance company argue about my concussion / mild tbi claim?
Standard CT and MRI are not designed to detect the diffuse axonal injury underlying most concussions. A normal scan is the expected result. Adjusters use it anyway, and the counter is neuropsychological testing, which measures function rather than structure. In Louisiana that argument lands inside a pure comparative negligence system, so how much it costs you depends on the fault percentage the adjuster can support.
How long does a concussion / mild tbi claim take to settle in Louisiana?
Concussion claims typically take 8 to 18 months, longer than the injury itself, because value cannot be assessed until it is clear whether symptoms will resolve. Post-concussion syndrome claims routinely run two years or more. Louisiana's 2-year filing deadline sets the outer limit on negotiation — once it passes, the claim is over, so a case that is still being negotiated as the deadline approaches usually has to be filed to preserve it.
Do I need a Louisiana lawyer for a concussion / mild tbi claim?
At the values a concussion / mild tbi claim reaches in Louisiana — commonly $20,000 to $125,000 — most claimants net more with representation even after the contingency fee, because these claims involve permanence arguments, lien negotiation, and often more insurance than one policy.
What if the driver who hurt me in Louisiana only had minimum insurance?
Louisiana's minimum is $15K per injured person, and a concussion / mild tbi claim in the typical range reaches about $125,000 — so a minimum policy runs out before the claim does. What happens next depends on layers the at-fault driver does not control: your own underinsured motorist coverage, a commercial or employer policy if they were working, and occasionally a second at-fault party. A claim that appears capped at $15K is often not, and finding that out is work done in the first weeks, not at settlement.
How much of a concussion / mild tbi settlement do I actually keep in Louisiana?
On a $125,000 settlement — the top of the typical Louisiana range for this injury — a one-third contingency fee, roughly 4% in case expenses and around 15% in medical liens leave about $59,333. The fee is fixed by the agreement you sign; the lien figure is not. Negotiating providers, a health plan or a Medicare conditional payment down is the one line on that list that moves, and every dollar it moves reaches you in full.
How long does a concussion / mild tbi claim take in Louisiana, and can it outlast the deadline?
A concussion / mild tbi claim usually takes 9 to 18 months, because it cannot be valued until treatment plateaus and a doctor will say so in writing. Louisiana allows 24 months to file suit. That leaves margin at the long end, but the clock starts at the crash rather than at diagnosis, and shorter notice deadlines apply if a government vehicle or a public property defect was involved.
Is the average concussion / mild tbi payout in Louisiana what I should expect?
An average describes a population, not your file. The $20,000 to $125,000 band covers LA claims that differ in the three ways that decide a payout: how much treatment the records actually document, whether liability is contested, and how much insurance stands behind the person at fault. A claim at the bottom of that band and one at the top are usually the same injury with different paperwork. The useful thing to do with an average is work out which end of it your own file currently supports, and what would move it.
What a $125K LA concussion / mild tbi settlement actually pays you
Gross settlement figures are not take-home figures. Running the standard deductions against the top of the typical Louisiana range for a concussion / mild tbi shows the gap, and shows where the recoverable money is — which is almost never the fee.
| Gross settlement | $125,000 | Top of the typical concussion / mild tbi range in Louisiana. A severe or surgical case runs well above this. |
|---|---|---|
| Attorney fee (33%) | − $41,667 | One third is the common pre-suit rate; it usually rises to 40% once a lawsuit is filed. Ask which trigger the agreement uses before signing it. |
| Case expenses | − $5,000 | Records, filing fees, expert reports. Normally deducted on top of the fee rather than out of it — confirm which, because on a $125K claim the difference is real money. |
| Medical liens and subrogation | − $19,000 | Health insurers, Medicare, Medicaid and treating providers all hold repayment rights against an injury recovery in Louisiana. |
| Reaches you | $59,333 | About 47% of the gross — before any lien reduction, which is where this number usually improves. |
Illustrative only, at a one-third pre-suit contingency, case expenses of about 4%, and medical liens of about 15% of the recovery. Every one of those varies. The lien line is the one worth attention: providers, health plans and Medicare frequently accept substantial reductions, and every dollar cut from $19,000 reaches you in full — no further negotiation with the insurer required.
More for Louisiana claimants
Concussion / Mild TBI settlements in other states
What causes Concussion / Mild TBI claims in Louisiana
Ranges reflect published settlement and verdict data adjusted for Louisiana's legal climate; they are educational estimates only — not legal advice or a valuation of any specific claim. InjurySage is not a law firm. Laws summarized here can and do change; verify every deadline with a licensed Louisiana attorney before relying on it. Page updated August 2026.