Suffering a concussion is a serious matter that requires proper attention and care. When you or a loved one has a head injury because of someone else’s negligence, seeking the assistance of a skilled Cape Girardeau personal injury lawyer is essential. Not only can an attorney help you fight for the compensation you need and deserve, but they will also safeguard your rights. 

Personal injury lawyers want you to focus on your recovery without the added burden of navigating a complex legal process. By prioritizing your well-being and entrusting your legal matters to a dedicated professional, you can protect your brain from further harm and pave the way for a successful outcome in your case.

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Concussions can be especially difficult injuries. You owe it to yourself to put recovery first. If you do not protect your brain from further injury, you can experience persistent or lifelong symptoms.

Why Should You Hire a Lawyer After a Concussion Injury?

If you believe your concussion was preventable, it’s a good idea to seek the advice and counsel of a Missouri lawyer who has experience in traumatic brain injuries (TBI). 

You may face substantial financial hardship from medical care, lost income, and other concussion-related damages. If someone else caused or failed to prevent your injury, that party should pay you fairly.

Several types of accidents can cause concussions, often leading to insurance claims and lawsuits. These accident types include:

Car Accidents

Car accidents are a leading cause of concussions. The force with which motor vehicles collide, or motor vehicles collide with fixed objects, can have a devastating effect on the brain.

If you or a loved one suffered a concussion during a car accident, an attorney can determine who is liable for your damages.

Truck Accidents

The impact of truck accidents can be even greater than car accidents due to the heavier weight of large trucks. Passenger vehicle occupants face a substantial risk of serious injury during truck accidents, meaning that a resulting concussion can cause severe symptoms.

Motorcycle Accidents

Motorcycle accident victims can be thrown from their bikes, struck directly by motor vehicles, and exposed to other health hazards. Even wearing a helmet, a motorcycle accident victim may suffer a concussion.

Train Accidents

Collisions between trains and motor vehicles and other train accidents can cause severe impacts for all involved. You might deserve compensation for medical bills and other damages if you suffered a concussion during a train and motor vehicle collision.

Pedestrian Accidents

An accident between a motor vehicle and a pedestrian is not even one.

Pedestrians may suffer concussions if:

• The oncoming vehicle strikes them in the head
• The collision causes the pedestrian to strike their head on the ground or another stationary object
• The accident causes a rapid back-and-forth motion of the pedestrian’s neck and head

Pedestrians often have substantial injuries after collisions with motor vehicles. Those victims may choose to hire an attorney to focus on recovery.

Slip-and-Fall Accidents and Other Premises Liability Cases

Falls are the second-leading cause of life-threatening brain injuries. When property owners and other liable parties fail to remove slipping and tripping hazards, they pose an unacceptable risk of falls happening.

An attorney can determine if a fall-related concussion resulted from someone’s negligence. Many personal injury firms are familiar with premises liability cases and will be willing to seek the compensation you deserve.

How Do I Know If Someone Else Is Responsible for My Concussion?

Negligence is the typical standard for liability. Negligence occurs when a motorist does not act as a reasonable person should and causes an accident as a result—this person will be negligent and, therefore, liable for a victim’s accident-related damages.

To establish fault, personal injury law requires that the following four elements be met:

• Establishing the liable party’s duty of care: A duty of care simply means that someone must act reasonably. Many individuals have a duty of care, from motorists to property owners and caregivers.

• Showing that the liable party violated their duty of care: Your attorney will aim to prove that the liable party acted unreasonably. The definition of unreasonable depends on the circumstances that led to your concussion. A motorist’s reckless behavior will qualify as unreasonable in a car accident.

• Linking the violation of a duty of care and the circumstance that caused your concussion: Your lawyer will work to show that the liable party’s negligent actions caused the event in which your concussion took place.

• Establishing the damages resulting from the liable party’s negligence: As a final step, your attorney will show the damages that have resulted from your concussion.

Once your lawyer has gathered the details of your case, they’ll begin to prove that someone was negligent and therefore liable for your injury. 

What Are Some Symptoms of a Concussion?

Several concussion symptoms can diminish your physical and mental health and interrupt your ability to work.

These symptoms include:

• Headaches
• Confusion
• Vision problems
• Hearing problems
• Sensitivity to audible and visual sensations
• Concentration problems
• Memory problems
• Mood and personality changes

These are just some milder concussion symptoms, and they’re quite serious. However, a concussion can cause even more severe symptoms, including seizures and convulsions, dizziness, and strange behavior.

Everyone’s reaction to a concussion differs. Even mild concussions can cause life-altering symptoms. An attorney will work with you to identify how those symptoms have translated into damages.

Economic Damages

Economic damages that may result from a concussion are:

• Past and future medical expenses
• Lost income
• Future lost earning capacity 
• Rehabilitation expenses
• Counseling for any psychological and emotional trauma associated with the concussion
• Any property damage related to your concussion, such as repairs for a damaged vehicle

Non-Economic Damages

Non-economic damages are just as important a consideration as economic damages. Concussions can cause long-lasting symptoms, immense pain, and other non-economic harm. Medical journals have shown that about half of people with a traumatic brain injury have some degree of long-term cognitive impairment.

Forms of pain and suffering that may entitle you to compensation are:

• Physical pain from your concussion
• Emotional anguish
• Psychological distress
• Adverse personality changes
• Poor moods related to your concussion
• Depression
• Anxiety
• Loss of your ability to hold a job, maintain quality relationships, and live the social life you usually do
• Loss of your ability to exercise or engage in certain physical activity
• Sleep problems
• Lost quality of life

These types of damages can have a high cost, especially when a concussion is severe in nature.

How Can an Attorney Get Compensation for Your Concussion? 

Those suffering from concussion symptoms, and those who are trying to recover may rely on a lawyer to fight for their financial losses and pain and suffering. An personal injury attorney can provide several valuable services, including:

Dealing With Insurance Companies

Insurance companies can be hostile to concussion victims. Whether you’re dealing with your insurer or another party’s insurance company, the insurer may attempt to avoid paying you fairly.

Your attorney will deal with insurers for you, including:

• Helping you provide statements to the insurance companies
• Responding to calls and letters from insurers
• Submitting any paperwork that insurers require
• Leading negotiations with insurers

Insurance companies may use several tactics to avoid paying you fairly. From delaying your claim to denying certain damages or even accusing you of fault, there are many bad-faith tactics to be wary of. An attorney will protect you from such tactics.

Securing Evidence of Liable Parties’ Negligence

Your lawyer will seek out evidence that shows who caused your concussion. The types of evidence that may be useful will depend on how your concussion happened.

If you suffered a slip-and-fall accident, security camera footage of your fall can be useful evidence. An expert’s collision reconstruction can help prove liability if you were in a car accident. Your lawyer will collect any evidence that supports your compensation case.

Calculating Exactly How Much Your Damages Cost

An attorney must be precise when calculating damages. Failing to calculate your damages accurately can lead you to pay out of pocket for damages. This need for precision is one reason why concussion victims hire an attorney in the first place.

It may be challenging for you to calculate non-economic and future damages. An experienced lawyer will have ample experience calculating these damages and, therefore, may greatly assist in valuing your damages accurately.

Documenting Your Concussion-Related Damages

In addition to calculating your settlement figure, your lawyer will document your damages.

Useful documentation may include:

• Brain scans and other types of medical imaging
• Bills for concussion-related medical care
• An employer’s testimony that you have been unable to perform your job
• Expert testimony (includes medical experts) about your injuries and damages

Because each concussion victim has a unique injury, symptoms, and damages, documentation will be specific to your case.

Demanding a Fair Settlement

Your lawyer will also be your personal negotiator. They may initially negotiate with insurance companies, demanding a settlement that covers your damages. In some circumstances, an attorney may negotiate with lawyers for liable parties.

Though insurance companies aren’t always involved in concussion-related negotiations, they often are. These companies generally employ skilled and experienced negotiators. Keep in mind that if you choose not to hire a lawyer, you may have to negotiate with these experienced parties on your own.

File a Lawsuit if Necessary

Though trials are not the norm for civil cases, they do happen. If liable parties do not offer a fair settlement even after negotiations, your lawyer may determine that a trial is necessary.

A trial typically consists of:

• A discovery process
• Opening arguments
• Witness testimony and cross-examination
• Presentation of evidence
• Closing arguments

Your attorney will also file motions, give objections, and handle the other aspects of a trial for you.

Overseeing Every Other Detail of Your Case

No two concussion-related claims or lawsuits are exactly alike. An experienced attorney will handle your case’s foreseeable and unforeseeable demands, including paperwork and communications.

How Should I Choose a Law Firm to Lead My Concussion-Related Claim or Lawsuit?

You may use several criteria to evaluate potential attorneys for your case.

Concussion victims may choose their law firm by:

• Reputation: You can judge a law firm’s reputation by word of mouth, though many use online reviews to see how former clients speak of a law firm.

• Experience: You may seek a law firm with a long-running business, experienced attorneys, and familiarity with concussion-specific cases. Like many professional fields, the experience can be a benefit in civil law.

• Case results: You should hire a law firm with a proven track record of winning concussion-related cases. Many firms publish case results on their websites. You can as a law firm for case results if you do not see them online.

• Fee structure: Most personal injury law firms offer a client-friendly contingency fee structure. This structure requires the law firm to cover all case-related costs while the client pays no money upfront or out of pocket. Before hiring a law firm, determine how its fee structure works.

• Comfort: Take free consultations to determine your fit with a law firm. You can ask questions about the firm, your case, and any concerns you may have about how a lawyer will handle your case.

When you hire a lawyer, you deserve excellent representation and client service. Doing your due diligence may ensure that you get the experience you deserve.

Contact a Cape Girardeau Personal Injury Attorney for a Free Consultation

When it comes to seeking justice and fair compensation for a concussion injury, it’s crucial to have the right legal support by your side. Contacting a reputable personal injury attorney in Cape Girardeau can provide you with the guidance, professionalism, and advocacy needed to navigate the complexities of your case.

Schedule a free consultation today to discuss your situation, understand your rights, and take the first step towards obtaining the compensation you and your family deserves.