Yes. Head trauma can be the result of a car accident, Workers’ Comp injury, medical malpractice, or other serious accident — including daycare abuse and neglect. The details of your case will determine the legal criteria that is needed to prove another party is at-fault.

In general, your lawyer will need to prove:

• The plaintiff (you or a loved one) was owed a duty of care
• Another party (the defendant) failed to act with reasonable care
• Plaintiff suffered injuries, damages and/or loss of life
• Defendant’s conduct directly caused or directly contributed to cause plaintiff’s injuries or losses.

Padberg Appelbaum Knepper is uniquely qualified to take on all types of personal injury cases, including complex situations of medical malpractice.

Medical malpractice occurs when a healthcare provider performs an action deviating from accepted standards of practice, or fails to perform a necessary action. The result of medical malpractice is a serious medical error (sometimes called a “Never Event”) or wrongful death. Brain damage cases involving medical malpractice could include a provider’s failure to diagnose a condition, such as stroke or brain aneurysm. Another example could include improper administration and monitoring of anesthesia, resulting in a stroke, brain aneurysm or other condition.

We also handle personal injury cases with brain trauma resulting from car crashes, motorcycle accidents, Workers’ Compensation injuries, daycare abuse and neglect, and other serious accidents. Reach out to our St. Louis concussion attorneys to discuss the details of your case.

Victims of trauma and their loved ones deserve to seek justice, without the additional stress of worrying about the cost to hire a lawyer. That’s why the brain injury accident attorneys at Padberg Appelbaum Knepper work on a contingency fee basis: our clients do not pay attorney fees unless we win a settlement or judgment for their case. Our brain injury accident lawyers will stand up and fight for you, and demand accountability from those responsible. We are not afraid.

Brain trauma such as hypoxic ischemic encephalopathy can have life-altering consequences — which can cause a permanent loss of function, or death. The dollar amount that can be recovered includes some combination of these categories:

• Economic Damages: Tangible financial losses, such as medical bills, lost income, death benefits, funeral expenses and/or the cost of therapy and rehabilitation.
• Non-economic Damages: Substantive losses, such as pain and suffering, emotional trauma, loss of quality of life, loss of spousal companionship or loss of parental guidance.
• Punitive Damages: Additional damages imposed on the responsible party when they are determined to have acted with gross negligence or harmful intent.

Yes. There is a time limit for a case to be brought forward, which is referred to as a statute of limitations. The statute of limitations will vary from state to state, and depending on the type of claim. For this reason, it is important to promptly reach out to a TBI attorney to discuss the details of your case.

In Missouri, the statute of limitations for a medical malpractice claim is two years from the date of the incident. The time limit for a claim of wrongful death in the state of Missouri is three years from the date of death, even if the decedent’s passing resulted from medical malpractice, or another incident with a lesser statute of limitations.

In Illinois, the time limit for a medical malpractice or wrongful death claim to be brought forward is two years from the date of the incident, or the date of death.