Brain injury lawyer · St. Louis
Brain injury lawyer in St. Louis: proving an injury no one can see
A brain injury claim in Missouri works like other injury claims, but it is proved in a different way. Many brain injuries do not show up on a scan. Your claim depends on showing how you changed after the injury: your memory, focus, mood and work.
Why a brain injury is hard to prove
A broken leg shows on an X-ray. Many brain injuries, like concussions, do not show on a standard CT scan. The emergency room may rule out bleeding and send you home. You may leave with a normal scan and no clear diagnosis.
Then the problems show up over days or weeks. Headaches. Trouble finding words. Losing track of a conversation. Bright lights and noise bother you. Your mood or sleep changes. Often your family notices before you do.
The insurance company sees a normal scan and a short ER visit. The legal work is filling that gap with proof.
How to build your proof
Your medical records
Your treatment records are the base of the claim. Tell your doctor about every symptom at every visit. Use your own words. Do not play things down. Your doctor may send you to a neurologist or for memory and thinking tests. Those are medical choices for your doctors. When the tests are done, they give your claim hard numbers.
People who knew you before
A brain injury claim is strong when people who knew you can describe real changes. The firm gathers this proof on purpose:
- Your spouse, family and close friends, who see your daily life.
- Your boss and coworkers, and your job reviews from before and after.
- Teachers and school records, if you are a student.
- A symptom journal you keep from the first weeks, with dates.
Proof of what happened
You still must prove how you were hurt: the crash, the fall or the object that hit you. Sometimes the head did not strike anything. The brain can still be hurt by a hard jolt. Doctors and, in some cases, an expert witness explain this.
Future losses often matter most
Missouri law lets you recover for harm the injury caused, including future harm the proof supports. With a brain injury, the future is often larger than the past.
LOSSES YOUR PROOF SHOULD COVER
- Future medical care. Therapy, medicine and follow-up care your doctors recommend.
- Lost earning power. Not just missed paychecks. Also a lower ability to do your job, keep up or get promoted.
- Help at home. Tasks you used to handle and now cannot, like bills or childcare.
- Changes in your life. Changes in personality, relationships and the things you enjoy.
Be careful about settling before you know the long-term picture. A settlement usually ends your claim for good. The case timeline guide explains why some cases take longer.
Blame, deadlines and insurance limits
You generally have five years to file a lawsuit for a brain injury (Missouri law, RSMo 516.120). If you were partly at fault, your award goes down by your share. Your claim is not thrown out.
How much you can recover also depends on the insurance available. If a driver with low limits caused a serious injury, your own coverage may matter. See the uninsured motorist page.
Working with the firm
After a brain injury, long meetings and paperwork can be harder. You are welcome to bring a family member. The firm can put things in writing so you can review them later. With your okay, the firm can request records straight from your doctors.
Harjot Singh Padda, JD represents people with brain injuries from crashes, falls, dangerous products and other careless acts. Your first meeting about an injury is free. If you hire the firm, you pay a contingency fee. A written agreement spells out the percentage and how case costs are handled.
Common questions
My CT scan was normal. Can I still have a brain injury claim?
Yes. A normal CT scan rules out some injuries, like bleeding. Many concussions do not show on it. See what to bring to your consultation.
Should I take a quick settlement offer?
Not before you know the long-term effects. A settlement usually ends your claim. Read talking to insurance adjusters first.
Can a concussion from a fall be a legal claim?
Yes, if someone else’s carelessness caused the fall. See the slip and fall page.
What if I was hurt at work?
You usually cannot sue your employer. But you may be able to sue someone else who caused it. See workplace injury third-party claims.
Related reading
Talk with the firm about a brain injury
Call or text to set a time. Bring a family member if you like. Mr. Padda will explain how your injury can be proved.
4477 Woodson Rd
St. Louis, MO 63134
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This page is general information, not legal advice, and reading it or contacting the office does not create an attorney-client relationship.
Sources
- Mo. Rev. Stat. § 516.120 (five-year limit, injury to the person). Missouri Revisor of Statutes
- Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983) (pure comparative fault). CourtListener