After you’ve suffered a brain injury in Cape Girardeau, life can be hard to handle, physically and financially. Our Cape Girardeau brain damage lawyers can help you go through the legal process and recover compensation.
At Morelli Law Firm, our personal injury lawyers in Cape Girardeau are ready to fight for the damages you need. We can help you gather evidence, file your claim on time, and hold the liable party responsible.
What Are the Most Common Causes of Brain Damage?
Traumatic brain injuries often result from a hard blow to the head. Several different types of accidents can cause brain damage, such as:
- Car accidents
- Medical malpractice
- Construction accidents
- Wrongful death
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Understanding the Complex Process of Settling a TBI Claim
Resolving a traumatic brain injury lawsuit through a settlement is a lengthy process that requires an understanding of many legal, financial, and medical aspects. Our Cape Girardeau brain injury attorneys will guide you through all stages:
- Initial consultation and case evaluation to determine viability.
- Evidence gathering like medical records, liability witnesses, and expert examinations.
- Filing a formal complaint after investigating fault and damages scope.
- Medical treatment oversight and life care planning projections.
- Negotiating with insurance companies can take many counteroffers.
- Structured settlements consider the tax benefits of scheduled payouts.
- Court intervention may be needed against uncompromising defendants.
- Finalizing releases and ensuring award allocation per your long-term needs.
Given the challenges you face as a brain injury victim, your settlement must provide you with sufficient funds. At Morelli Law Firm, we negotiate aggressively while also protecting your best interests long-term. Our team ensures you understand complicated options and receive maximum compensation through a tailored resolution.
What Are the Elements of Negligence and How Do They Help Prove Liability?
In order to hold someone legally responsible for a traumatic brain injury caused by their negligence, four key elements must be proven. These elements are:
- Duty of care: The defendant owed the plaintiff a duty to act with reasonable care. For example, drivers must operate vehicles carefully.
- Breach of duty: The defendant breached that duty by failing to exercise the appropriate level of care. This could involve reckless driving or unsafe workplace practices.
- Causal connection: The defendant’s breach directly caused the plaintiff’s injury. Legal evidence must link the negligent actions to the brain damage that resulted.
- Damages: As a result of the injury, the plaintiff incurred financial losses like medical bills and lost income. The harm suffered must be quantifiable.
How We Prove Each Element of Negligence
To establish the duty of care element, our attorneys perform in-depth legal research on the specific circumstances of the case. We examine statutes, regulations, and prior court decisions to illustrate the standard of conduct that you were owed as our client. For example, in a car accident case, we would cite traffic laws that establish a driver’s duty to operate their vehicle safely and reasonably.
Proving a breach of duty often requires a rigorous investigation into the defendant’s actions. Our legal team works closely with private investigators and accident reconstruction experts to fully analyze how the negligent conduct deviated from the expected standard of care. Eyewitness testimony, forensic evidence, and documentation of risk-taking behavior are among the types of evidence we seek to demonstrate the specific breaches that occurred.
The causal connection between breach and injury is an essential aspect of our burden of proof. Through medical records, expert testimony from treating physicians, and supplementary expert analysis, we provide a clear narrative of precisely how the damages sustained correlate directly to the defendant’s negligence.
Finally, damages assign financial accountability for the harm. Our team thoroughly profiles all projected medical costs and lost income over a lifetime. This comprehensive presentation shows the jury just how devastating and long-lasting the real-world impacts of negligence can be for you.
What Damages Can You Recover For a Brain Injury in Cape Girardeau?
If you suffered a traumatic brain injury in Cape Girardeau or the surrounding area, our experienced brain damage lawyer will work to recover the full compensation you deserve under Missouri law. We can help you recover:
- Past and future medical expenses: We document all medical bills and future care costs like therapies, medications, and home health care.
- Lost wages: Compensation covers wages or benefits you lost since the injury plus estimated future losses over your career.
- Pain and suffering: No amount truly eases permanent impacts, but the courts recognize life changes from disability, loss of enjoyment, and emotional upset.
- Caregiver and household services: Damages reimburse costs of full-time care and inability to perform domestic duties.
- Property damage: If any of your personal belongings were damaged in the course of your accident, you can recover these costs.
Contact Us Today For Legal Help After Your Cape Girardeau Brain Injury
At Morelli Law Firm, our Cape Girardeau brain damage attorney can help you recover the compensation you need. We take advantage of every resource available to make sure you get a sufficient settlement.
Contact us today for a free consultation.