Traumatic brain injuries are caused by injuries to the head that disrupt brain function and range from mild to severe. Blunt force trauma, penetrating objects, or sudden jolts could cause a traumatic brain injury. When another party’s negligent actions cause an accident as well as severe injuries, they could be held liable.
If you or a loved one suffered a traumatic brain injury, you might benefit from the care and consideration of a catastrophic injury attorney. A knowledgeable Rolla traumatic brain injury lawyer at the A.W. Smith Law Firm could help you seek the compensation you need to move forward.
Traumatic brain injuries range from minor to severe. Common mild forms of traumatic brain injury are usually characterized as concussions. A mild brain injury could cause further damage and lead to severe injury if not properly treated. Some symptoms of a mild traumatic brain injury might include:
A more severe brain injury could cause long-term effects on the brain that could result in permanent and potentially fatal injuries. Those suffering from severe traumatic brain injuries in Rolla might have experienced coma-like disorders, numbness in fingers or toes, or even seizures.
Those who have suffered a traumatic brain injury to the negligence of another may pursuing compensation for damages in a personal injury lawsuit. Plaintiffs should be aware of the statute of limitations imposed by Missouri. The statute of limitations is the window of time that plaintiffs have to file their case. A statute of limitations varies depending on the cause of action. If a plaintiff fails to bring their lawsuit within that window of time, they lose the right to bring their case in court to seek damages. Missouri Revised Statutes §516.120 imposes a five-year statute of limitations on plaintiffs to bring their action to recover damages for personal injuries.
However, depending on the facts of the case, a plaintiff’s recovery could be limited if they were also at fault for causing the injury. Missouri follows the pure comparative fault rule, enacted under Missouri Revised Statutes §537.765. If the plaintiff is found to be 99 percent or less at fault, they could still recover damages. Their compensation award will be reduced by their percentage of fault.
Fighting for legal recovery is like going into battle. When you are up against wealthy insurance companies and clever defense attorneys, it is always helpful to have a resourceful ally by your side. An experienced Rolla traumatic brain injury lawyer could assist you on your quest for compensation. Call the A.W. Smith Law Firm now and get started on your case today.