St. Charles Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) caused by an accident could be life-altering, causing partial or full disability. The injured person and their family may suffer significant physical, financial, and emotional hardship for years after the accident.
If you suffered a TBI due to someone else’s negligence, you may be entitled to compensation, and a qualified attorney could help. A St. Charles traumatic brain injury lawyer could examine the facts of your case to determine if you are eligible to pursue a lawsuit and help you recover damages.
Defining Traumatic Brain Injury
A traumatic brain injury is any alteration of normal brain functioning, often caused by lack of oxygen to the brain or a blow to the head. TBI symptoms could appear immediately after the accident or over time. The nature and extent of the damage to the brain could also affect different parts of the body.
What Causes a Traumatic Brain Injury?
Statistics show that two of the common causes of brain injury are motor vehicle accidents and falls. The brain may be harmed in other ways, including:
- Open injury, including penetration of the skull and brain by a bullet, rock, or some other sharp or heavy object;
- Closed injury where the brain is not penetrated but is harmed internally from an accident, such as hitting one’s head while diving;
- Hypoxia, which is a lack of oxygen to the brain due to incidents like a stroke, heart attack, or choking;
- Toxic chemicals such as carbon monoxide, lead, or pesticides entering the brain and poisoning brain tissue.
Any TBI may severely damage a person’s physical, neurological, and emotional functioning. A lawyer in St. Charles could determine the cause of the traumatic brain injury and assess the extent of the damage.
Symptoms of TBI’s
No two brain injuries are alike, and the symptoms they produce could vary significantly from patient to patient. Some common TBI symptoms include:
- Nausea or vomiting;
- Disorientation, confusion, or memory loss;
- Sensitivity to light and sound;
- Changes in speech, mood, or sleep;
- Loss of mobility or cognitive functioning.
These symptoms may be permanent and could significantly impact a person’s well-being. By consulting with the injured party’s doctors, physical therapists, and other treatment providers, a knowledgeable traumatic brain injury attorney in the St. Charles area could determine the amount of compensation needed for the TBI victim’s care.
Filing a TBI Lawsuit in St. Charles
To pursue damages, a TBI victim must show that someone else’s negligence caused their injury. A party may be negligent if they had a duty to ensure the victim’s safety but failed to act as a reasonable person would under similar circumstances. If the breach of duty led to the plaintiff’s injuries, they could seek payment for their medical expenses, lost wages, and pain and suffering.
After identifying the party responsible for the plaintiff’s injuries, a St. Charles traumatic brain injury lawyer may file a claim against them in municipal or circuit court. The lawsuit must be filed within five years of the accident or when the injury was discovered. If the deadline is missed, the injured party could lose the right to compensation.
Limitations on Punitive Damages
If someone else’s reckless or intentional behavior caused the victim’s traumatic brain injury, a court could award punitive damages. Rather than compensating an injured party for their losses, punitive damages are intended to punish the wrongdoer. Under Missouri Revised Statutes §510.265, a judge may grant punitive damages up to $500,000, or five times the amount of a victim’s compensatory damage award.
A St. Charles Traumatic Brain Injury Attorney Could Aid Your Case
A TBI could happen to anyone at any time, resulting in devastating physical and financial consequences. A person suffering from a TBI may find it challenging to resume the life they had before their accident.
A St. Charles traumatic brain injury attorney at Mutrux Firm Injury Lawyers could assist you if you have experienced a TBI. An attorney understands the significant stress a TBI may inflict on you and your family and could help you make the best of your current situation. Call today to get started on your case.