Traumatic Brain Injury Attorneys

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Krupp Law Firm - James Krupp and Ryan Krupp

Traumatic Brain Injury Lawyers

Traumatic brain injury (TBI) is a severe form of personal injury that can have lasting physical, mental, and emotional effects on an individual.

TBIs can be caused by the negligence or recklessness of another person or entity and require immediate medical attention. Short-term care for TBI often includes

  • hospitalization,
  • surgery,
  • medication management,
  • and rehabilitation services.

Long-term care may include further medical treatment as well as vocational retraining to help individuals regain their independence. As such, it is important that victims of TBI seek legal counsel from experienced personal injury attorneys who understand how to properly navigate through the complex process of obtaining compensation for these types of cases in order to secure fair financial recovery for all damages incurred.

Brain injuries can be incredibly serious and life-altering, so it is important for victims to understand the types of brain injury claims they may be able to file in order to receive compensation for their losses.

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Types of Traumatic Brain Injury Claims

The severity and long-term effects associated with traumatic brain injuries make them very difficult cases requiring substantial evidence proving fault before one could even attempt to recover financial losses incurred while attempting to seek justice accordingly. As such its highly recommended to seek out help from the highly qualified personal injury attorneys at Krupp Law Firm who are familiar with handling these types of matters to ensure the best possible outcome given the unique circumstances surrounding each particular case presented before the court system whether at the state or federal level.

negligence claim

The most common type of claim related to traumatic brain injury (TBI) is a negligence claim. This occurs when someone’s careless or reckless conduct causes another person harm. For example, if you are injured in a car accident caused by another driver’s negligence, you might be able to bring a lawsuit against that driver claiming damages for your TBI-related losses.

premises liability cases

Another type of claim involves premises liability cases. These involve accidents on property owned by someone else, either an individual or a business, that results in an individual suffering from a TBI due to hazardous conditions or dangerous activity occurring on the premises. If this happens, the victim may be entitled to seek compensation from the owner or occupier of the property where the accident occurred.

product liability claims

In addition, product liability claims can also arise when defective products cause individuals TBIs due to an unreasonably dangerous defect existing at the time of manufacture or sale that was not obvious at the time of purchase/use and caused harm as a direct result thereof. In such cases, manufacturers and sellers can be held responsible under strict product liability laws for any resulting damages suffered by those using their products that are negligently manufactured items.

individual dies as result from his/her TBI

Wrongful death claims can occur when an individual dies as the result of his/her TBI after being involved in some form of a negligent act that resulted in said trauma causing death thereafter. This means surviving family members may have the right to pursue legal action against the liable party for any medical bills, and funeral expenses along with pain & suffering endured during the ordeal leading up to the fatal outcome.

Proving Negligence in a Traumatic Brain Injury Claim

When it comes to traumatic brain injury claims, proving negligence is essential for victims and their families. Brain injuries can be devastating and expensive, so having an experienced personal injury attorney is important. Krupp Law Firm attorneys have 30 years of experience in brain injury cases and can help you prove that another person’s negligence caused your injury.

proving negligence is establishing a duty of care between the two parties involved

The first step in proving negligence is establishing a duty of care between the two parties involved. This means showing that one party had an obligation to act with reasonable caution toward the other party, but failed to do so. For example, if someone was driving recklessly and caused a car accident, they may have breached their duty of care by not exercising enough caution on the road.

breach of duty directly led to your injuries or damages

You must show that this breach of duty directly led to your injuries or damages and suffered as a result of the accident or incident. In order to do this effectively, evidence such as medical records or eyewitness testimony should be collected and presented in court – Krupp Law Firm personal injury attorneys will handle it on your behalf during litigation proceedings. Additionally, expert witnesses who are knowledgeable about traumatic brain injuries can provide valuable insight into how exactly these types of injuries occur and what long-term effects they may have on victims’ lives going forward after suffering from them initially due to another person's negligence.

receive fair compensation for any losses incurred as a result of your trauma-induced brain damage

Our experienced personal injury attorneys will also work hard to ensure you receive fair compensation for any losses incurred as a result of your trauma-induced brain damage – including

  1. medical bills related to treatment costs;
  2. lost wages from missed days at work;
  3. pain & suffering endured throughout the recovery process;
  4. along with emotional distress associated with living life post-injury (if applicable).

With all these factors taken into consideration when filing a personal injury suit against negligent parties responsible for causing harm through careless behavior leading up to the event where the victim sustained TBI - it's clear why hiring expert professional legal counsel makes sense when trying to seek justice following unfortunate incidents like these across the state of Missouri.

Statute of Limitations for Filing a Traumatic Brain Injury Claim

When it comes to filing a brain injury claim, the statute of limitations in Missouri is extremely important. As personal injury attorneys in St. Louis, we want to make sure that our clients understand their rights and obligations under the law when it comes to filing such claims.

three year statute of limitations for filing a brain injury claim

The state of Missouri has a three year statute of limitations for filing a brain injury claim. This means that you must file your claim within three years from the date of your accident or illness causing the brain injury. If you fail to do so, then you may be barred from recovering any damages related to your injuries.

exceptions and modifications

It is important to note that there are some exceptions and modifications which can affect this time limit depending on specific circumstances surrounding an individual case. For example, if someone is mentally disabled due to brain injuries, they may have additional time available beyond the normal three-year window as determined by a court order or other legal mechanism.

Minors who suffer from traumatic brain injuries have until two years after they reach adulthood (18) before they will lose their right to file suit against those responsible for their harm (or four years after the incident). These exceptions apply only if certain conditions are met and should be discussed with our experienced personal injury attorneys prior to making any decisions about pursuing legal action for one’s damages resulting from such an incident.

no amount of time limitation

There are certain types of cases where no amount of time limitation applies at all – including cases involving intentional torts like assault & battery or defamation; these types never expire regardless of how long ago they occurred and can still be brought forward today despite being outside traditional statutes of limitation periods applicable elsewhere in similar situations involving negligence claims.

While statutes of limitations exist -and must be respected- understanding them properly along with potential exceptions makes it possible for victims injured through no fault of their own or negligence of another person to receive just compensation. Even if much longer than usual delays occur between the initial harm inflicted upon them up until the present day when the lawsuit finally gets filed.

Evidence Needed to Support a Brain Injury Claim

If you or a loved one has suffered a traumatic brain injury (TBI) due to the negligence of another party, it is important to understand what evidence is needed for your claim. As experienced personal injury lawyers in Missouri, we can provide guidance on how best to proceed with the process of filing a successful brain injury claim.

medical documentation

The most important piece of evidence required for any successful TBI claim is medical documentation that proves the extent and severity of the injuries sustained. This includes hospital records, doctor’s reports, CT scans, MRI scans, and any other relevant information related to the diagnosis and treatment of your condition.

It will also be necessary to show proof that there was indeed an incident that caused you or your loved one’s TBI. This could include police reports, witness statements, videos, or photographs taken at the scene.

Financial documents showing lost wages

In addition to medical documentation and proof of causation, it may also be beneficial to have additional evidence such as financial documents showing lost wages from missed work due to your disability caused by a TBI as well as future projected losses associated with long-term care needs stemming from this type of injury.

Other forms of compensation could include emotional distress damages which require testimony or expert opinions regarding physical pain endured during recovery processes along with documentation detailing mental anguish suffered both before and after sustaining a traumatic brain injury.

Building a strong case

Many cases involving TBI claims are complex matters requiring substantial amounts of time spent gathering critical data points necessary for building out a strong case against negligent parties responsible for causing harm through their actions or failure to act accordingly when faced with potential risks posed by their activities/businesses/products, etc…

It is therefore vital that expert personal injury lawyers have experience with all aspects related not only directly but indirectly pertaining to these types of claims in order to ensure clients receive the maximum amount of compensation possible under the law given the unique circumstances surrounding each particular case.

The review process includes assessing the situation before making recommendations and taking action to resolve it in a satisfactory way for both the client and the attorneys involved. If necessary, further legal action through the court system in the appropriate jurisdiction will be taken to reach a resolution.

Types of evidence needed to file a successful brain trauma lawsuit

Understanding the types of evidence needed to file a successful brain trauma lawsuit is extremely important for success and obtaining a favorable outcome on behalf of the injured individual seeking justice.

Some of the types of evidence needed to file a successful brain trauma lawsuit:

  1. Medical Records: A comprehensive review of medical records is essential to substantiate a brain injury claim. This includes both pre-injury and post-injury medical documentation, such as diagnostic tests and imaging scans that demonstrate the extent of the injury.

  2. Expert Testimony: An experienced physician or neurologist can provide valuable insight into how an injury has impacted a person’s life, including any cognitive or physical difficulties they may be experiencing due to the trauma sustained in an accident.

  3. Eyewitness Accounts: Witnesses who saw what happened at the time of the incident can help bolster a case by providing details about what took place prior to and during the event which caused harm to another individual.

  4. Accident Reports & Police Statements: In order for liability to be established, reports from law enforcement officers on the scene must be obtained along with any statements taken from other individuals involved in the incident itself (e.g., drivers).

  5. Surveillance Footage & Photos: Pictures and videos of where/how an accident occurred are often helpful when trying to prove fault in personal injury cases involving brain injuries since they can provide visual evidence regarding factors like speed, visibility conditions, etc...

  6. Financial Records & Lost Wages Documentation: To establish damages, financial records related to lost wages due to missed work days will need to be provided as well as other proof that documents economic losses incurred by victims as a result of their injuries (e.g., hospital bills).

Calculating Damages After a Brain Injury Claim

Brain injuries can be catastrophic and life-altering for victims, leaving them with physical, emotional, and financial challenges. As such, it is important to understand the process of calculating damages after a brain injury claim in order to ensure that those affected receive maximum compensation.

In Missouri, personal injury lawyers are obligated to accurately calculate the damages suffered by their clients as a result of their brain injuries. To do this they must consider both economic losses (such as medical bills or lost wages) and non-economic losses (such as pain and suffering).

Depending on the circumstances surrounding the case, other forms of damages may also be sought such as punitive damages or loss of consortium.

Economic losses

When calculating economic losses related to brain injuries in Missouri personal injury cases, attorneys should take into account all relevant costs associated with treatment including

  • doctor visits;
  • hospital stays;
  • medications;
  • therapies;
  • rehabilitation services;
  • home health care services;
  • durable medical equipment needs;
  • modifications made to vehicles or homes due to disability resulting from the injury;
  • and any additional out-of-pocket expenses incurred due to recovery efforts following an accident.

In addition, lost wages should also be taken into consideration when calculating economic losses associated with a brain injury claim. If applicable in certain cases where future earnings are impacted by an individual’s inability to return back to work full time because of his/her condition then these potential income streams should also be included when determining total compensatory damages owed under law .

Non-economic Losses

When considering non-economic aspects related to a brain damage claim, attorneys must determine how much money would appropriately compensate their client for pain and suffering caused by his/her illness or disorder. This includes not only physical but mental anguish endured during the recovery period which could include depression, anxiety, fear, etc.. Though it is difficult to quantify this type of damage, typically courts rely upon evidence like prior earnings records along with testimony from family members who have witnessed firsthand what the victim has gone through to determine an appropriate compensation amount.

It is important to take into account the victim's ability to return to work, their age, and their overall quality of life after the traumatic brain injury. Ultimately, the goal is to provide enough compensation for the victim to be able to afford necessary medical treatment and cover any lost wages, while also acknowledging the non-economic impact the injury has had on their life.

Punitive damages

Punitive damages are a form of compensation awarded to a plaintiff in a civil lawsuit that is intended to punish the defendant for particularly egregious or reckless behavior. In cases involving a traumatic brain injury (TBI), punitive damages may be sought when the injury was caused by the defendant's intentional or highly negligent actions.

The goal of punitive damages is not to compensate the plaintiff for their losses, but rather to deter the defendant and others from engaging in similar conduct in the future.

These damages are awarded in addition to compensatory damages, which are intended to compensate the plaintiff for their actual losses such as medical expenses, lost wages, and pain and suffering.

A court will consider the facts of the case, the intent and the degree of negligence of the defendant, the severity of the injury, and the evidence presented to decide if the awarding of punitive damages is applicable or not.

Loss of consortium

In Missouri, loss of consortium is a type of damage that may be available to a spouse or partner of someone who has suffered a traumatic brain injury (TBI) as a result of another party's negligence. In such cases, the spouse or partner can bring a separate claim for loss of consortium alongside the personal injury claim of the TBI victim.

In Missouri, loss of consortium damages are considered a non-economic loss and are awarded to compensate for the non-monetary harm caused by the injury to the relationship. Loss of consortium damages can include compensation for loss of love, companionship, affection, sexual relations, and services that the injured party would have provided.

To recover for loss of consortium, the victim or the victim's spouse must prove that the injury directly impacted the couple's relationship, which often requires the testimony of both the victim and the spouse.

It's worth noting that the law can change over time, also in Missouri some judges or juries are more inclined to award damages for loss of consortium, while others are more restrictive. In addition, the amount of damages awarded for loss of consortium can vary widely and might be influenced by factors such as the severity of the injury, the nature of the couple's relationship, the age of the couple, and whether they have children.

Types of Traumatic Brain Injuries

There are several different types of traumatic brain injuries (TBIs), which can be classified based on the mechanism of injury and the severity of the injury. Some of the most common types of TBI include:

Concussion

A concussion is considered a mild form of traumatic brain injury (TBI) and is usually caused by a blow to the head or a sudden jolt to the head or body. The brain is rocked back and forth inside the skull, which can cause chemical changes and damage to nerve cells. Concussions can also occur without a direct blow to the head, such as when a person experiences a rapid acceleration or deceleration of the head (like in a car accident or a fall).

The symptoms of a concussion can be diverse and vary in severity, some people may experience symptoms such as:

  • Headache
  • Dizziness
  • Nausea
  • Fatigue
  • Difficulty sleeping
  • Memory loss or difficulty concentrating
  • Mood changes (e.g., depression, irritability)
  • Light and noise sensitivity
  • Loss of consciousness (although it's not always the case)

Most of the symptoms associated with a concussion resolve within a week, but in some cases, symptoms may persist for a longer period of time. This is known as post-concussion syndrome, which can include symptoms such as headache, dizziness, fatigue, sleep disturbances, and difficulty with memory, attention, and concentration.

It's important to note that a concussion should be taken seriously even though it's considered a mild form of TBI. Multiple concussions or even a single severe concussion can lead to long-term problems such as chronic headaches, attention and memory problems, as well as, an increased risk of developing neurodegenerative conditions such as Alzheimer's and chronic traumatic encephalopathy.

If a person suspects they or someone else may have sustained a concussion, they should seek medical attention right away. A healthcare professional can help to determine the severity of the injury and provide appropriate treatment and management recommendations. After seeking medical attention call the personal injury attorneys at Krupp Law Firm immediately at (314) 835-9999.

Contusion

a contusion is a type of traumatic brain injury (TBI) that is caused by a direct blow to the head. It is a bruise on the brain tissue, similar to a bruise on the skin. Contusions can occur in various locations on the brain, depending on the location of the impact. They are typically found in the frontal and temporal lobes, which are the areas of the brain most commonly involved in TBIs. These areas are also the most vulnerable to injury because they are located near the surface of the skull.

Contusions can be caused by a variety of injuries, such as a fall, a motor vehicle accident, or a sports-related injury. They can also occur in conjunction with other types of TBIs, such as skull fractures or hematomas.

Symptoms of a contusion can vary depending on the location and severity of the injury, but may include:

  • headache
  • nausea
  • dizziness
  • fatigue
  • confusion
  • memory loss
  • irritability
  • difficulty sleeping
  • vision or hearing problems

A severe contusion can cause life-threatening brain swelling, bleeding and herniation, and require emergency surgery to remove a part of the skull in order to decrease pressure on the brain. A contusion may also lead to long-term neurological problems like cognitive, speech or movement impairments.

As with all TBIs, it's crucial to seek medical attention as soon as possible if a contusion is suspected. A healthcare professional will be able to perform a thorough examination and use imaging tests such as CT or MRI scans to diagnose a contusion and provide appropriate treatment and management recommendations. After seeking medical attention call the personal injury attorneys Krupp Law Firm immediately at (314) 835-9999.

Hematoma

a hematoma is a type of traumatic brain injury (TBI) that occurs when blood collects outside of the blood vessels in the brain. Hematomas are typically caused by a direct blow to the head, a fall, or a motor vehicle accident. They can also occur as a complication of other types of TBIs, such as skull fractures.

There are different types of hematomas, which are classified based on their location within the brain:

  • Subdural hematoma: This occurs when blood collects between the brain and the dura mater, which is the outermost protective covering of the brain. Subdural hematomas are usually caused by tearing of the small veins that connect the brain to the dura. They can be acute (appearing immediately after the injury) or chronic (appearing days or weeks after the injury). Subdural hematomas can be life-threatening and typically require surgery.
  • Epidural hematoma: This occurs when blood collects between the skull and the dura. These hematomas are caused by tears in the middle meningeal artery, a major vessel that runs through the skull. Epidural hematomas are often associated with a skull fracture and can be life-threatening if not treated promptly.
  • Intracerebral hematoma: This occurs when blood collects within the brain tissue itself. These hematomas are usually caused by a tear or rupture of a blood vessel within the brain. Intracerebral hematomas can be caused by a variety of injuries, including blunt trauma, penetrating injuries, and hypertension-related hemorrhages. They can be life-threatening and usually require surgery.

Symptoms of a hematoma can vary depending on the location and size of the injury, but may include:

  • headache
  • nausea
  • dizziness
  • confusion
  • memory loss
  • difficulty speaking
  • difficulty moving
  • loss of consciousness
  • seizures

It's important to seek immediate medical attention if a hematoma is suspected, as these injuries can be life-threatening if not treated promptly. A healthcare professional will be able to perform a thorough examination, use imaging tests such as CT or MRI scans to diagnose a hematoma and provide appropriate treatment and management recommendations.

After seeking medical attention call the personal injury attorneys Krupp Law Firm immediately at (314) 835-9999.

Skull Fracture

A skull fracture is a type of traumatic brain injury (TBI) that occurs when one of the bones of the skull is broken. A skull fracture can occur as a result of a direct blow to the head, such as from a fall, a motor vehicle accident, or an assault.

Skull fractures can vary in severity, and are classified into different types depending on the location and pattern of the break. Some of the most common types of skull fractures include:

  • Linear fractures: These are the most common type of skull fractures, and involve a single break in the bone. They can occur in any part of the skull, but are most common in the temporal and parietal bones.
  • Depressed fractures: These are fractures in which a portion of the skull is pressed inward. They are often associated with a blow to the head and can cause injuries to the brain and blood vessels.
  • Basilar fractures: These are fractures at the base of the skull, and are often associated with injuries to the brainstem and cranial nerves.
  • Diastatic fractures: These are fractures that occur along the suture lines of the skull and are caused by separation of the skull bones. They are most common in children under 2 years old and can lead to cranial malformations or malposition if not treated properly.

Symptoms of a skull fracture can vary depending on the location and severity of the injury. They may include:

  • headache
  • nausea
  • dizziness
  • confusion
  • memory loss
  • difficulty speaking
  • difficulty moving
  • loss of consciousness
  • bleeding from the ears, nose or eyes
  • lacerations on the scalp

Skull fractures can also be associated with other types of TBIs such as contusions, hematomas, and lacerations, which are injuries of the brain tissue. These injuries can be life-threatening if not treated promptly. A healthcare professional will be able to perform a thorough examination, use imaging tests such as CT or MRI scans to diagnose a skull fracture and provide appropriate treatment and management recommendations, which may include surgery. After seeking medical attention call the personal injury attorneys Krupp Law Firm immediately at (314) 835-9999.

Diffuse Axonal Injury

Diffuse Axonal Injury (DAI) is a type of traumatic brain injury (TBI) caused by the brain moving or rotating rapidly inside the skull, as a result of a severe rotational or linear acceleration-deceleration force. The brain is a soft organ, and when it is rapidly accelerated or decelerated, it can be damaged as it collides with the inside of the skull. This type of injury results in damage to the axons which are the structures that connect nerve cells in the brain and allows them to communicate with each other.

DAI is often seen in severe cases of TBI, such as in high-speed motor vehicle accidents, and can result in long-term neurological impairment, as the injury can affect different regions of the brain, and cause disruption of the normal communication between brain cells, leading to multiple injuries and disorders in the brain functions.

Symptoms of DAI can vary depending on the severity and location of the injury. They may include:

  • Loss of consciousness
  • Coma
  • Persistent vegetative state
  • Seizures
  • Headaches
  • Nausea
  • Dizziness
  • Difficulty sleeping
  • Difficulty with memory, attention, and concentration
  • Difficulty with motor functions such as walking and coordination
  • Difficulties with speech and language
  • Depression or irritability.

It's important to note that DAI can be difficult to detect with traditional imaging techniques, since it does not result in structural changes to the brain. It's usually discovered on MRI scans or DTI (Diffuse Tensor Imaging) that can detect the microstructural changes in the white matter of the brain. It's also important to note that DAI is considered a severe injury and requires a thorough and prompt medical attention, as well as a long-term care and rehabilitation. After seeking medical attention call the personal injury attorneys Krupp Law Firm immediately at (314) 835-9999.

Penetration injury

Penetration injuries to the brain occur when a foreign object, such as a bullet, knife, or other sharp object, pierces the skull and enters the brain. These types of injuries are considered severe and require immediate medical attention. They are particularly dangerous because they can cause significant damage to the brain and surrounding structures, as well as increasing the risk of infection.

The symptoms of a penetration injury can vary depending on the location and severity of the injury, but may include:

  • Loss of consciousness
  • Coma
  • Seizures
  • Headaches
  • Nausea
  • Dizziness
  • Difficulty sleeping
  • Difficulty with memory, attention, and concentration
  • Difficulty with motor functions such as walking and coordination
  • Difficulties with speech and language
  • Depression or irritability
  • Vision or hearing problems
  • Cranial nerve damage

The damage caused by a penetration injury can be extensive, and can result in long-term neurological impairments, such as cognitive, speech or movement impairments, as well as in death if not treated promptly.

Medical treatment for a penetration injury typically involves emergency surgery to remove the foreign object and repair any damage to the brain and surrounding structures. After surgery, rehabilitation and long-term care are often necessary to help the person recover as much function as possible. After seeking medical attention call the personal injury attorneys at Krupp Law Firm immediately at (314) 835-9999.

It's important to note that the risk of infection is high in these types of injuries, so prompt and proper medical care is crucial in order to prevent or treat any infections that may occur. After seeking medical attention call the personal injury attorneys Krupp Law Firm immediately at (314) 835-9999.

Why Hire a Traumatic Brain Injury Attorney?

Hiring traumatic brain injury (TBI) attorneys are important for several reasons.

  • TBIs can be complex and difficult to diagnose and prove, requiring specialized knowledge and experience. An attorney who is well-versed in TBI cases will be able to effectively gather and present the necessary medical evidence to establish that the injury was caused by the defendant's negligence.
  • TBIs often result in significant and long-term damages, including medical expenses, lost wages, and pain and suffering. An attorney who has handled TBI cases in the past will have a better understanding of the types of damages that are typically awarded in these cases and will be able to effectively negotiate a settlement or present a compelling case to a jury.
  • TBI cases can be emotionally and mentally taxing on the victim, who may be dealing with a significant physical and mental impairment. Krupp Law Firm attorneys understand the complex nature of TBI cases and will be able to empathize with the victim, provide emotional support, and help advocate on their behalf, taking the burden of dealing with legal procedures and paperwork that might cause additional stress.
  • TBI cases can be complex and require a legal team of experts like economists, medical professionals, and vocational rehabilitation experts, who can provide their professional insights on the case to support the personal injury attorneys, a good TBI attorney will have access to these resources and be able to bring in the right expert witness to help strengthen the case.

Hiring a TBI attorney with experience and resources will increase the likelihood of a successful outcome and help ensure that the victim receives the maximum compensation they deserve.

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