Traumatic brain injuries (TBIs) range from mild concussions to permanent brain damage that renders a person incapable of caring for themselves. The effects of TBI are believed to be cumulative, so even a mild head injury could have a larger impact over time if the person suffered additional damage.
If you have suffered a TBI because of someone else’s negligence, you should consider speaking with a seasoned local attorney. A Maryland Heights traumatic brain injury lawyer could advise you about how best to hold the responsible parties accountable and help you seek fair compensation for your harm.
Traumatic brain injuries occur when the brain forcefully collides with the skull or when a foreign object penetrates the brain. Milder TBIs can cause headaches, blurry vision, nausea, or dizziness, but symptoms typically resolve within a few days. More severe head trauma can permanently damage the parts of the brain that control mood, focus, vision, speech, and motor coordination. In especially devastating instances, brain damage may result in a person being in a vegetative state.
The types of accidents that lead to brain damage often involve negligence. Motor vehicle accidents, falls on someone else’s premises, explosions, workplace accidents, and sports injuries all could be a result of another party’s negligent behavior. Consulting with an experienced lawyer in the area could help a family ascertain whether negligence was a factor in their loved one’s TBI.
When seeking damages an injured plaintiff must prove that the negligence of the defendant contributed to the accident that injured them. It is not necessary that the defendant’s negligence be the primary cause of the accident, only that it was a contributor.
In many cases, there could be multiple negligent parties. For example, in a car accident, potentially negligent parties might include another driver, the manufacturer of a vehicle’s defective brakes, a road construction crew that improperly marked a work zone, and the municipality that funded the roadwork. A savvy Maryland Heights lawyer could investigate the circumstances that led to the TBI to identify all the potentially liable parties.
Additionally, a plaintiff’s negligence could also contribute to their accident or the resulting injury. Missouri Revised Statutes §537.765 establishes that all parties to an accident are responsible for the consequences of their behavior. In practice, this means that even a plaintiff who bears primary responsibility for an accident can seek damages from other negligent parties. However, a judge will reduce any damages by a percentage equal to the plaintiff’s share of the responsibility.
Even a mild traumatic head injury can have permanent impacts on a sufferer’s quality of life, and a severe TBI can leave them unable to live independently or care for themselves. Damages can assist a claimant and their family to provide all necessary care and maximize the injured person’s potential for a full life.
Economic damages cover all the expenses of providing medical treatment and rehabilitative services, as well as costs of accommodating the injury. Furthermore, since head injuries can result in emotional and mental anguish, economic damages could cover mental health services and therapy. These damages also account for lost wages and provide compensation for lost earning opportunities if the traumatic brain damage compromises the plaintiff’s ability to work.
Non-economic damages provide monetary compensation for the subjective and emotional aspects of living with TBI. Non-economic damages could include sums for physical pain and emotional suffering, humiliation, lost opportunities, loss of companionship, diminished enjoyment of life, and other personal losses. As these do not have a definitive amount attached to them, it is usually helpful to have a compassionate TBI lawyer in the area help calculate non-economic damages.
If you are dealing with the effects of TBI you need an advocate who understands your needs both now and in the future. A reliable professional could assist your family in making a care plan for the injured loved one and hold the liable parties responsible for the harm done. To learn more about how we could help you, call our office today and schedule a consultation with a Maryland Heights traumatic brain injury lawyer.
