Any kind of blow to the head should be taken seriously; however, when a violent force strikes the head or body, a traumatic brain injury (TBI) could result. Though, initial symptoms could be mild, and you may not realize how much danger you are in as your brain begins to swell. That is why you should always seek immediate medical attention for any kind of head trauma.
If your injuries were caused by someone else’s misconduct, whether intentional or simply reckless, you should contact an experienced catastrophic injury attorney. A skilled High Ridge traumatic brain injury lawyer could help you seek comprehensive compensation from all liable parties.
Negligent or Intentional Acts Could Lead to Traumatic Brain Damage
To recover damages from other parties after a traumatic brain injury, the injured party must prove one or more parties were responsible for causing their damages. The liable party’s actions must fall below what is expected from a reasonable person. For example, a motorist must abide by traffic rules and refrain from driving while intoxicated by alcohol or drugs. If they fail to do so, they would be considered negligent. Other actions that may be considered negligent include:
- Pushing someone down a flight of stairs
- Driving at an excessive speed, losing control, and plowing into a pedestrian
- Violent domestic acts, such as shaking a baby or punching a partner in the head
- Shooting someone in the head or bashing them with a blunt instrument
- Explosions in workplaces with improper safety procedures
Various situations could lead to accidents that result in head trauma. A proactive High Ridge TBI attorney could review the circumstances of a specific accident and build a case for negligence against the responsible parties.
Brain Injuries Can Cause a Lifelong Need for Care
Although some traumatic brain injuries may be mild enough for patients to make a full recovery, they can also lead to cognitive problems for a lifetime. A patient who must relearn essential functions like walking, talking, and reading may have to retrain for a job suitable for a different skill set. Rehabilitation is expensive; compensation should cover all past and future medical bills. A comprehensive damages award could also cover:
- Lost current and future wages
- Emotional trauma
- Pain and suffering
- Loss of the enjoyment of life
- Loss of consortium
A dedicated legal professional in High Ridge could review all of a brain injury victim’s losses to build a strong claim for compensation.
When discussing a traumatic brain injury lawsuit, many plaintiffs ask if punitive damages are available. According to Missouri Revised Statues § 510.261 a victim must present clear and convincing evidence that shows the:
- Defendant intended to harm the plaintiff
- Plaintiff did not provoke the defendant
- Defendant flagrantly disregarded the safety of others when committing the egregious behavior
Punitive damages are not capped in Missouri, but awards generally consider the U.S. Supreme Court’s guidelines for excessive awards. A knowledgeable High Ridge lawyer could discuss whether a motion for punitive damages is likely to succeed in a specific TBI case during an initial consultation.
Reach Out to a High Ridge Traumatic Brain Injury Attorney Today
If you are assaulted or injured in a vehicular crash at the hands of someone committing a negligent or intentional act, the responsible party could be held liable in court for all of your losses. If you suffer head and brain trauma, you are likely facing a lifetime of expenses and a dramatically altered lifestyle.
A High Ridge traumatic brain injury lawyer could help you take legal action. If they cannot secure a fair settlement from the responsible party’s insurance company, they are ready to take your case to court. Call now for a free case review.