Columbia Traumatic Brain Injury Lawyer
Traumatic brain injuries (or TBIs) are serious medical events. Those who suffer a TBI may require immediate medical help to minimize the harm that can follow. When an accident resulting in a TBI occurs because someone acts negligently, swift legal action may likewise be necessary to protect the injured person’s potential rights to compensation.
If you or a loved one suffered a similar type of head injury, reach out to a trusted injury attorney as quickly as possible. A Columbia traumatic brain injury lawyer may be able to help you in filing a lawsuit against those responsible for your TBI so you and your family may obtain the financial compensation needed to address your injury adequately.
Financial Damages in a Traumatic Brain Injury Lawsuit
A person whose traumatic brain injury is the result of an accident caused by another person’s carelessness, the injured person may be eligible to pursue financial damages or compensation. Such compensation is meant to reimburse the injured individual for the various harms they suffered. An injured person may recover damages for:
- Emergency room visits, hospitalizations, medical testing
- Overnight hospital stays, surgical procedures
- Therapeutic and rehabilitative services
- Unearned wages due to not being able to work
- Future wages the person will not be able to earn because of their injury
- Healthcare services in the home
- Assistive medical devices
In addition to these economic losses, the plaintiff is also entitled to pursue a claim for noneconomic damages they experienced as well. These “losses” include:
- Trauma, suffering, and the experience of pain
- Loss of enjoyment in life and leisurely activities
- Emotional or mental complications such as anxiety or depression
Individuals who suffer moderate or severe traumatic brain injuries may often require care and services far into the future. These anticipated costs are also compensable, so long as the plaintiff can show they are likely to incur these future costs. Pursuing these future damages is essential to ensuring the plaintiff has the greatest opportunity to be fully compensated for their injuries.
Civil Lawsuit Process for Obtaining Compensation in Columbia
A lawsuit seeking compensation for TBI-related damages begins with the plaintiff filing a petition in the appropriate circuit court. For TBIs that occur in Columbia, the Boone County Circuit Court will be where plaintiffs will likely file their suits. The petition explains how the defendant named in the lawsuit caused the plaintiff’s traumatic brain injury and how the plaintiff suffered harm as a result.
The parties will then typically engage in a process called discovery. During this process, the parties may exchange information with one another about the case and depose witnesses that the other party may call at trial. The goal of the discovery process is to allow each side in the lawsuit to learn what evidence or testimony the other party will be using to support its position.
At trial, the plaintiff must prove that the defendant committed a negligent or reckless act and that this act caused the plaintiff’s TBI and associated expenses. The plaintiff must prove these by a preponderance of the evidence; that is, the plaintiff must show these propositions are more likely true than not.
Each TBI case is different, and it is impossible to say how long a lawsuit takes to reach trial. A Columbia traumatic brain injury lawyer may be successful in helping a plaintiff’s case advance at a reasonable pace.
Contact a Columbia Traumatic Brain Injury Attorney
The costs associated with moderate or severe traumatic brain injury are significant. If you suspect that a drunk driver, careless coworker, or any other negligent person caused your injuries, speak with a knowledgeable Columbia traumatic brain injury lawyer as soon as you can do so. You may be entitled to pursue a claim for compensation, which might make a significant difference in your financial and personal future.