Missouri workers' compensation attorneys specializing in brain, spine, and other severe injuries
Brain injuries sustained while working
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 and sometimes even result in a wrongful death lawsuit.
After speaking with a doctor, we highly recommend speaking with a workers’ compensation lawyer to ensure you are being fairly compensated for your injuries.
Our workman’s compensation lawyers handle a wide range of traumatic work-related 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
Brain injuries are always serious. No matter how minor or severe the pain, if you have been sustained a head injury while working, we recommend you see a doctor if you are experiencing any of the following symptoms:
- 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
Worker’s comp attorneys for spinal cord and back injuries in St. Louis, Missouri
Spinal cord injuries can have a devastating impact on your life. Your ability to perform simple daily activities of living may be seriously impaired. Perhaps you are unable to care for yourself and require 24-hour assistance. You may not be able to work and are likely facing a lifetime of substantial medical treatment expenses. The lawyers of Ortwerth Law, LLC understand your physical impairments, emotional stress, and financial concerns.
Brain and spine 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. Every industry has its fair share of spinal cord and brain injuries. Some, like construction site injuries, are more frequent then others.
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 (your employer) 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 to product liability cases. Under strict liability, manufacturers of the equipment or products you use on the job 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 and spine 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 and spinal cord 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
