Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
A diffuse axonal injury (DAI) is a serious type of brain injury. It occurs when the brain moves or twists suddenly, damaging its nerve fibers. This damage can affect memory, speech, movement, and daily activities. Severe cases may cause long periods of unconsciousness or lasting disabilities.
If someone else’s negligence caused your brain injury, a New Orleans brain injury lawyer can explain your legal options under Louisiana law.
This guide covers what causes diffuse axonal injuries, their symptoms and treatment, and the medical evidence that may support a personal injury claim.
What Causes Diffuse Axonal Injuries?
These injuries often happen during crashes or falls that make the brain move suddenly inside the skull.
- Car accidents: A sudden impact can cause the brain to shift or twist. Learn more about brain injuries after car accidents.
- Falls: Falling from a height or hitting your head in a fall can cause serious brain damage.
- Workplace accidents: Falls, falling objects, and equipment accidents can lead to head injuries. Read about workplace accident injuries in New Orleans.
Brain injuries can affect more than physical health. They may also change how a person thinks, feels, speaks, and handles everyday tasks.
What Makes Diffuse Axonal Injury Different?
A diffuse axonal injury damages nerve fibers called axons. These fibers carry messages between brain regions. A sudden stop, fast change in speed, or twisting motion can stretch or tear them.
The damage can affect several parts of the brain at once, rather than one small area. This can make DAI especially serious.
In severe cases, a person may remain unconscious for a long time, have trouble thinking, or face lasting problems with movement.
Types of Traumatic Brain Injuries
|
Type |
What happens |
| Concussion | A blow or jolt temporarily disrupts brain function |
| Contusion | A bruise damages a specific area of brain tissue |
| Diffuse axonal injury | Rapid movement damages nerve fibers across the brain |
| Penetrating injury | An object breaks through the skull and injures brain tissue |
| Coup-contrecoup injury | An impact causes injuries at opposing areas of the brain |
Symptoms and Diagnosis of Diffuse Axonal Injury
The signs of DAI depend on how severe the brain injury is. Symptoms may include:
- Loss of consciousness
- Confusion or trouble focusing.
- Memory loss
- Poor balance or coordination
- Trouble speaking
- Changes in mood or behavior
Severe injuries may leave a person unconscious for a long time or cause a coma. Doctors use exams and scans to check for brain damage.
- CT scans: Look for bleeding and swelling. They may miss some types of brain damage.
- MRI scans: Can show damage that a CT scan may not find.
- Brain exams: Check memory, movement, awareness, and other brain functions.
A normal CT scan does not always mean there is no brain injury. Doctors look at the person’s symptoms and test results together.
Long-Term Effects and Recovery After DAI
Recovery looks different for each person. Some people get better over time, while others need care for months or years.
Treatment may include:
- Physical therapy to help with movement and balance.
- Speech therapy to help with speaking.
- Occupational therapy to make daily tasks easier.
- Memory exercises to help with focus and thinking.
- Mental health support for mood or behavior changes.
Some people also need help at home or changes to their work or school routine. Doctors adjust treatment as the person recovers.
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How to Keep Records of a Diffuse Axonal Injury
Good records can show how the injury affects a person’s health and daily life.
Keep copies of:
- Hospital records and brain scan results.
- Notes from doctors and therapists.
- Medical bills and treatment costs.
- Proof of missed work or lost income.
- Notes about headaches, memory problems, and changes in daily life.
- Comments from family members, teachers, or coworkers who have seen these changes.
These records may also help if an insurance company questions whether the accident caused the injury.
How Louisiana Law Affects a Brain Injury Claim
If someone else’s careless actions caused your brain injury, you may be able to seek money for your losses.
Comparative Fault
Louisiana law assigns each person a share of blame under Civil Code Article 2323.
For accidents covered by the rule that took effect on January 1, 2026, you generally cannot recover damages if you are 51% or more at fault. If you are 50% or less at fault, your share of blame reduces the amount you can recover.
Older accidents may follow different rules. Read more about comparative negligence in Louisiana injury cases.
Filing Deadline
In most cases, you have two years to file a personal injury lawsuit for an injury that happened on or after July 1, 2024, under Louisiana Civil Code Article 3493.1.
For older injuries, the deadline is generally one year. Some cases have different deadlines, so it is important to check which rule applies.
What Compensation Can You Get for a Brain Injury?
If someone else caused your brain injury, you may be able to seek payment for:
- Medical bills and future treatment
- Rehabilitation and long-term care
- Lost wages and reduced ability to earn money
- Pain and suffering
- Emotional distress
- Loss of activities you once enjoyed
The amount depends on how the injury affects your life, the evidence you have, and who is legally responsible.
Frequently Asked Questions
Can you have diffuse axonal injury without losing consciousness?
Yes. A person can have a brain injury without passing out. Doctors look at symptoms, the accident, and test results to make a diagnosis.
Can a normal CT scan miss a brain injury?
Yes. A CT scan may not show every type of brain injury. An MRI or other brain tests may find damage that a CT scan misses.
How long does recovery from diffuse axonal injury take?
It depends on how badly the brain was hurt. Some people improve within months, while others need years of treatment or long-term care.
Can I file a claim if brain injury symptoms appear days after an accident?
You may be able to. Medical records can help show that the symptoms came from the accident. The deadline to file a claim also matters.
What evidence can help prove a brain injury claim in Louisiana?
Medical records, therapy reports, expert opinions, work records, and statements from people who have seen how the injury affects your daily life may help support your claim.
Speak With a New Orleans Brain Injury Lawyer
A brain injury can affect your health, work, and family life for years. If someone else’s actions caused the injury, you may be able to seek compensation.
Alvendia, Kelly & Demarest Law Firm can review your case, explain your options, and help you understand what evidence may support your claim. Schedule a free consultation to discuss your case.
Reviewed by J. Bart Kelly, III, Partner at Alvendia, Kelly & Demarest Law Firm.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
