Even with protection from the skull, the brain is still susceptible to serious harm from external impacts, especially those that occur in car crashes and slip and falls. If you recently suffered serious head trauma from an incident that someone else caused, you may be able to file a civil suit against them for a variety of damages.
However, like any personal injury case, successfully recovering compensation for traumatic brain damage can be difficult without help from a qualified catastrophic injury attorney. Once retained, a Chesterfield traumatic brain injury lawyer could work with you to collect evidence of fault, build a comprehensive case, and seek restitution for every form of harm you sustained as a result of your accident.
Any external impact that results in damage to the nerves, tissue, or cells of the brain qualifies as a “traumatic brain injury,” although some TBIs are more severe than others. A single concussion may be characterized by momentary loss of consciousness and other minor symptoms like nausea and dizziness, whereas more severe trauma—especially penetrating injuries in which an external object punctures the skull—can result in debilitating cognitive and behavioral changes, as well as prolonged loss of motor function and sometimes even long periods of unconsciousness.
Regardless of how severe TBI is, any accident that causes enough harm to warrant professional medical intervention can serve as grounds for civil litigation. In order to recover compensation, though, an injured plaintiff must prove another party was legally negligent, which entails demonstrating that the defendant owed a duty of care to them, breached that duty, and directly caused their resulting injuries. A knowledgeable TBI attorney from the area could help collect and present evidence showcasing fault, including witness testimony, security camera footage, and input from an accident reconstructionist and/or medical experts.
Many forms of traumatic brain damage have long-term or permanent effects, so legal recourse should include both short and long-term damages. For example, in addition to medical expenses and lost wages a plaintiff already experienced prior to filing suit, they might also want to seek restitution for expected future losses as well, such as loss of earning capacity and loss of enjoyment of life.
However, comparative fault can significantly limit the amount of compensation to which a plaintiff may be entitled. While Missouri follows a relatively generous pure comparative fault system that does not bar any partially liable claimant from filing suit, any percentage of fault a plaintiff is found to bear generally results in a proportionate reduction of their final damage award.
State law is generous with statutory filing deadlines as well, as Revised Statutes of Missouri §516.120 allows most people suffering from TBIs up to five years after their accident to file suit. However, given the multifaceted effects these injuries can have, as well as how complex civil litigation can become, it is generally best to retain help from a seasoned traumatic brain injury lawyer as soon as possible before pursuing a case in Chesterfield.
Severe trauma to the brain is one of the most devastating types of injuries an accident can result in. If you suffered this kind of harm due to someone else’s negligent actions, recovering civil compensation may be crucial to your future health and financial best interests.
By retaining an experienced Chesterfield traumatic brain injury lawyer, you could put yourself in the best possible position to prove liability for your damages and recover full financial restitution. To see what may be possible in your situation, call today to set up your free case consultation.