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St. Louis brain injury Lawyers

Attorneys for brain injuries in St. Louis, Missouri

McChesney & Ortwerth are aggressive personal injury lawyers who defend those who have suffered brain injuries due to an accident or negligence

Experienced brain injury lawyers in Saint Louis, Missouri

More than 1.4 million people in the United States sustain a traumatic brain injury (TBI) every year, according to the Brain Injury Association of America. Ironically, many victims walk and talk and appear to be just fine. But the sad truth is that many brain injury victims are not as healthy as they seem. Brain injuries are often devastating, causing memory loss, cognitive impairment, emotional distress and behavioral changes. Many brain injury victims are unable to work or take care of themselves.

The personal injury lawyers of McChesney & Ortwerth have a long history of representing victims of catastrophic brain injuries. If you or your loved one sustained a traumatic brain injury in a car wreck, a truck crash or a workplace accident, it does not make sense to hire a lawyer who has no experience with brain injury cases. You would not entrust your loved one’s medical care to a doctor who has no experience with brain injuries, would you? Brain injury victims need doctors and lawyers who have experience.

Our lawyers handle a wide range of traumatic brain injury cases, including but not limited to:

  • Skull fractures;
  • Concussions;
  • Closed head injuries;
  • Brain contusions and lacerations;
  • Brain hemorrhages and hematomas;
  • Extradural hematomas;
  • Subdural Hematomas;
  • Subarachnoid hemorrhages;
  • Intraventricular hemmorages;
  • Diffuse axonal injury;
  • Brain swelling

We are aggressive brain injury attorneys who will get you the compensation you deserve

Common causes for traumatic brain injuries

Motor vehicle incidents:

As one of Missouri’s top truck accident law firms and car accident law firms, we have the ability to investigate your motor vehicle accident. Motor vehicle accidents are the most common cause of traumatic brain injuries. The degree of injury usually depends on various factors including but not limited to highway conditions, speed of the vehicles, whether the accident and more.

Slip-and-fall accidents:

A head injury caused by a slip-and-fall accident results from striking your head with another hard object or surface. The impact is usually forceful enough and can cause severe brain damage. In worst scenarios, such accidents can even cause serious neck and/or spinal cord injury.

Work-related accidents:

Accidents that occur in your workplace, especially those occurring in construction sites and other hazardous premises often cause a severe brain injury. They generally occur when a worker slips or is struck by a hard or sharp object and injures his/her head. Not only is a brain injury expert needed, but expert workers’ compensation lawyers are needed as well.

There are many other causes of traumatic brain injuries, such as swimming pool accidents, boat accidents and contact sports including football, rugby, hockey, basketball and soccer, just to name a few.

Brain injury attorneys with experience winning cases

Traumatic brain injury is not always apparent immediately after the injury occurs, and the symptoms may not develop until days afterwards.

Some symptoms of traumatic brain injury include:

 

  • Consistent headache
  • Confusion
  • Memory loss or memory difficulties
  • Difficulty concentrating or confusion
  • Neck pain
  • Impaired speech or slowed speech
  • Attention deficits
  • Blurred vision or other vision changes
  • Ringing in the ears
  • Balance problems and dizziness
  • Vomiting
  • Paralysis
  • Loss of consciousness

We have the ability to win your brain injury lawsuit

 

Traumatic brain injuries are difficult to prove. These injuries are extremely complicated and tough to diagnose. And proving that the brain injury was caused by an accident is even more challenging than one might think. Often times, insurance companies and their lawyers blame symptoms of a brain injury on substance abuse or psychological problems, even though the brain injury victim does not have substance abuse or psychological problems.

Brain injuries can devastate the lives of victims and their families. By filing a personal injury claim, victims and their families can help to ensure their financial security as they cope with medical bills, lost wages, and other losses and expenses. Because brain injury cases can be very complex and time-consuming, however, it is important that victims and their families entrust their cases to knowledgeable, dedicated attorneys. Brain injury attorneys are skilled in handling every aspect of a brain injury case, including:

What are the factors in proving fault in a brain injury lawsuit?

In a brain injury case, you must prove fault on the grounds of negligence, intentional wrong, or strict liability.

Proving negligence

In order to prove fault on grounds of negligence, the plaintiff must show that the defendant caused the injury or did not take action to prevent it. Negligence may have occurred if a reasonable person would have acted differently under the same circumstances.

Comparative (contributory) negligence

In some situations, more than one person (including the injured party) may be at fault for the injury. When the victim’s actions could have helped cause the injury or make it worse, it is known as comparative negligence and he or she might be held partially responsible for his or her own injuries.

Intentional wrong

If the defendant deliberately injured the victim, such as in an assault, it is considered an intentional wrong or intentional misconduct. In such cases, the plaintiff only needs to prove that the defendant intended to cause harm.

Strict liability

Strict liability often applies in product liability cases. Under strict liability, manufacturers can be held liable for injuries caused by a dangerous or defective product, even if they were unaware of the defect. In a strict liability case, the plaintiff needs to prove that the product was defective and that the defect caused the injury.

What are the factors in proving damages in a brain injury?

Factors that can affect a brain injury case include:

THE NATURE AND EXTENT OF THE INJURY

In gauging the amount of compensation to which a victim is entitled, personal injury attorneys will consider:

 

  • The type of injury: open vs. closed brain injuries, traumatic brain injuries (TBI)
  • The severity and permanence of the injury: whether the injury caused long-term or permanent brain damage, disability, disfigurement, or deformity

 

The victim’s loss

The extent of a victim’s physical, financial, emotional, and psychological losses is considered in determining appropriate damages.

Medical expenses

If found liable, the defendant may be required to cover:

 

  • Current (and possible future) hospital expenses
  • Past medical bills and future medical bills
  • Rehabilitation

 

Loss of earnings and decreased earning capacity

Many brain injury victims are compensated for the income they lost while in the hospital (lost earnings) as well as income they would have been able to earn in the future had they not been injured (decreased earning capacity).

Pain and suffering

A brain injury victim may be compensated for his or her physical, emotional, and psychological pain and suffering, including:

 

  • Trauma
  • Disfigurement
  • Mental anguish
  • Loss of enjoyment in life

 

 

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