Brain injuries permanently change victims, affecting nearly every aspect of their lives. They and their families must struggle with not only the emotional toll but with medical, financial, and legal troubles. They need a trusted law firm that has their best interests in mind from day one.

In Southern Missouri, that firm is Privette Law Office. We are committed to serving brain injury victims and their loved ones as they fight for the justice and compensation they deserve.

Why Brain Injuries Happen

Various accidents, many of which point to negligent or intentional wrongdoing, are responsible for causing brain injuries. These are some examples:

  • Slips, trips, and falls: A person who slips or trips on a slick or uneven surface may hit their head and suffer a brain injury. The owner or manager of the property may be named in a premises liability lawsuit.
  • Automobile accidents: Getting into a car crash can leave the victim suffering head and brain injuries. Negligent conduct like speeding, drunk driving, and distracted driving could be to blame for the victim’s injuries.
  • Sports injuries: Suffering a sports-related injury is also possible, even if the victim is wearing a helmet. The organization responsible for hosting the sporting event could be liable for the victim’s injuries if they did not adequately warn of the risk.
  • Assaults and violent crime: An assault may leave a victim with a head injury. When criminal activity causes harm to someone, the owner of the property could be responsible if they failed to provide adequate security for guests and visitors.
  • Construction accidents: A worker at a construction site could suffer a brain injury after falling from an elevated position (e.g. off scaffolding) or having an object fall on their head. Although the victim can file for workers’ comp, they may also have a third-party personal injury claim.
  • Birth injuries: Babies are sometimes born with brain damage due to insufficient monitoring and errors that take place during and after delivery. These injuries indicate medical malpractice in many situations.

The Different Types of Brain Injuries

Brain injuries, also referred to as traumatic brain injuries or TBI, can range in severity from mild, to moderate, to severe. Each of these will have different implications for the victim:

  • Mild TBI: Also called a concussion, most TBIs fall into this category. They result from a bump or jolt to the head that can affect the chemical functioning in the victim’s brain. Despite the qualifier “mild,” these TBIs can make it difficult for a victim to work or return to their normal routine.
  • Moderate TBI: A moderate TBI causes loss of consciousness for up to 24 hours, and sometimes amnesia lasting up to a week. The victim may experience long-term or even permanent health issues that some have described as similar to a chronic disease.
  • Severe TBI: Severe TBIs cause longer periods of lost consciousness and amnesia than moderate TBIs. Serious cognitive and emotional effects, along with significant medical costs, are nearly guaranteed.

Long-Term Consequences in Southern Missouri Brain Injury Cases

It’s important to understand that a TBI changes the functioning of a victim’s brain. It can therefore affect the way that a victim thinks, feels, and behaves. A TBI can even permanently alter the victim’s personality to the point their family doesn’t recognize them.

These are just a few of the long-term consequences that victims and their families can expect, especially with moderate and severe TBIs:

  • Lifelong medical care: Brain injury victims may require neurological exams, imaging tests, various medications, monitoring, and more. These and other medical needs may last indefinitely, even the rest of the victim’s life.
  • Cognitive rehabilitation: The purpose of cognitive rehabilitation is to improve brain functioning and the victim’s quality of life through various therapeutic approaches. The objectives include restoring thinking, reasoning, and remembering.
  • Lost earning capacity: Because TBI victims lose various essential brain functions, they are usually unable to continue in their previous careers. This will cost them promotions, bonuses, benefits, and other earnings throughout the rest of their lives.
  • Reduced quality of life: Suffering a TBI means a victim’s entire life is altered. Performing daily basic functions becomes difficult, they can no longer participate in activities they once enjoyed, and their relationships – even with close family – are strained.

Possible Damages in a Brain Injury Case

Although filing a lawsuit and winning compensation cannot undo the consequences of a brain injury, it can help victims and their families find some measure of justice. The goal of a brain injury lawsuit is to try to offset the financial costs and personal losses victims endure.

With that in mind, these are a few of the most common legal damages that TBI victims ask for in a Southern Missouri personal injury claim:

  • Medical expenses: Medical bills immediately start to pile up, from emergency medical attention to the initial treatments that victims need. Included in this category are hospitalization, surgery, prescription drug medications, and adaptive medical equipment.
  • Long-term care: The long-term care needs include physical therapy, cognitive rehabilitation, counseling, and more. It’s common for TBI victims to require disability compensation due to the severe impact that their injuries have on their lives.
  • Lost income and lost income-earning capacity: A brain injury victim can expect to miss work during their initial treatment and recovery, and may lose their career if the TBI is serious enough. As mentioned above, this could cost them a lifetime of earnings.
  • Non-economic damages: This category covers losses to which it is more difficult to assign a dollar value. These subjective damages include pain and suffering, emotional distress, and decreased enjoyment of life.
  • Punitive damages: In certain brain injury cases involving intentional wrongdoing or gross negligence evidencing a disregard for others, a court may award punitive damages. The goal is to punish the wrongful conduct and deter future similar behavior.

The Role of Expert Witness Testimony

Many personal injury cases benefit from the testimony of expert witnesses. These are individuals who can testify about technical subjects or those involving specialized knowledge. In brain injury lawsuits, the following experts may prove helpful:

  • Medical experts: These experts can explain the medical and long-term care needs of the victim. They can discuss likely future treatments the victim will need, the extent and permanence of the brain injury, and how the brain injury will affect the victim’s daily routine.
  • Vocational experts: Vocational expert witnesses generally give testimony concerning the types of jobs that victims can work in light of their injuries and limitations. Since brain injuries often mean an end to the victim’s career, this information will prove vital in calculating damages.
  • Accident reconstructionists: In order to establish causation and prove how exactly the victim was injured, attorneys sometimes call upon accident reconstructionists. Their testimony is critical in car accident cases and those involving multiple potential at-fault parties.

Contact Our Southern Missouri Brain Injury Attorney

A brain injury can be irreversible. But with experienced legal counsel, the victim can win compensation to help with the challenges ahead. If you or a loved one suffered a brain injury due to someone’s negligence, schedule a free consultation with Privette Law Office today.

Frequently Asked Questions About Brain Injury Cases

Is there a deadline to file a brain injury lawsuit?

Missouri law allows victims five years from the date of the brain injury to file a lawsuit. Meeting this deadline, known as the statute of limitations, is vital. The court will likely dismiss your lawsuit if you file too late, and the strongest lawsuits are filed sooner rather than later.

How can I know what my future medical expenses will be?

Expert witnesses provide valuable insight into the likely future medical needs that brain injury victims have. The testimony they provide helps attorneys calculate a reasonable estimate for what those needs will cost. Our firm has a reliable network of expert witnesses.

How can an attorney help me?

From investigating the accident and gathering evidence to negotiating with insurers and taking your case to trial if necessary, an experienced Southern Missouri brain injury lawyer can handle each step of your claim. We’re ready to work hard for fair and just compensation.