Brain Injury Lawyer

Why you need a lawyer after a brain injury

• A brain injury can have devastating financial consequences for a family. It can create astronomical expenses while at the same time reducing income.

  No family should have to bear these costs alone. Insurance companies and other liable parties should provide compensation for the injury.

  But insurance companies exist to make profits, not to pay out expensive claims. Their tactics include:

  • Disputing the severity of injuries or the extent of damages
  • Arguing that they are not liable
  • Rushing through lowball settlements while emotions are high
  • Denying claims outright, taking the chance that exhausted and overwhelmed patients and families won’t fight back

  Fernandez Law has represented injured people in St. Louis courts for more than 30 years. We know all the tricks and loopholes insurance companies try to exploit, and we beat them at their own game to get our clients the compensation they deserve.

 

When to call a St. Louis brain injury lawyer

Reach out to Fernandez Law as soon as possible after a brain injury. In a free, no-obligation consultation, we will listen to your situation and explain your options to you.

Ideally, you want legal representation before you talk to your insurance company. Remember, insurance companies – even your insurance company – benefit from you taking a low offer and not fighting for the full compensation you need.

With Fernandez Law on your side, you’ll be protected from harassment by insurers pressuring you to settle. You can refer all questions to your attorney and leave negotiations to us.

Fernandez Law obtained a $5 million settlement for a client after doctors in a St. Louis emergency department failed to recognize and treat an infection that led to a brain injury.

The physical and emotional impacts of brain injuries on Missouri families

A brain injury can have lasting impacts both on the injured person and on the people who love them. Some effects from a brain injury are immediately apparent; others can take weeks or months to develop.

Since the brain is the seat of your emotions, personality, and behavior, you may feel or act like a different person from the way you were before the injury.

If you and your loved ones are not prepared to deal with this possibility, your brain injury can damage your most important relationships.

Though no amount of money can “fix” broken relationships, your lawyer can argue that you deserve compensation for the emotional damages you’ve suffered.

Physical impacts of brain injury

• Brain atrophy, in which the brain loses mass
• Increased risk of neurodegenerative disorders, including Alzheimer’s, Parkinson’s, and chronic traumatic encephalopathy (CTE)
• Cognitive impairment, such as difficulty thinking, understanding, learning, or remembering
• Changes to the way you see, hear, smell, taste, or feel the world around you
• Loss of coordination or motor skills, making you feel clumsy, off balance, or uncoordinated
• Pain and suffering

Emotional impacts of brain injury

• New or increased tendency to engage in risky, aggressive, or inappropriate behavior
• Reduced ability to empathize with others
• Mood swings
• Personality changes
• Emotional distress
• Post-traumatic stress disorder

 

Expenses a brain injury lawsuit can help pay for

During our investigation, your lawyer will work with medical experts and life planning experts to build a case for compensation that covers your needs for the rest of your life.

Your lawsuit can help you cover short- and long-term expenses like:

• Medical expenses
• Lost income
• Caregiver and household services
• Home modifications
• Transportation costs

Medical expenses

In just the first few weeks after a brain injury, treatment costs can reach five to six figures.

The brain is complex and slow to recover from trauma. After being released from hospital care, ongoing treatments and therapies can push medical costs into the millions.

Legal action can make sure your insurance company honors its obligation to pay for this care.

Lost income

After a brain injury, it could be weeks or months before you’re able to return to work. Your brain injury lawyer will fight for compensation to replace those lost wages.

In the early stages of their recovery, many patients with a brain injury need round-the-clock monitoring.

That could mean lost wages for family members who stay home to care for their loved one. Those lost wages should also factor into compensation.

Some people are never able to return to work. The Brain Injury Association of America reports that more than half of adults who had a job at the time of their injury are unemployed five years later.

Others can return to work, but not in their original field. Problems with memory, sensory processing, or reaction time can force high-achieving people into lower-paying, less strenuous jobs.

When calculating how much compensation to ask for, Fernandez Law will include the difference between what you could have earned in a lifetime without the injury and what you are likely to earn now.

Caregiver and household services

After a brain injury, you may not be able to do things for yourself anymore.

You may need to hire cleaning and landscaping services to take care of your home. You may need to hire a babysitter or daycare provider to help you care for your children.

You might also need help managing your personal care. Some people need assistance with daily tasks like bathing or dressing after a brain injury.

You may need the services of a skilled in-home caregiver, on a full-time basis or on a respite basis to relieve family caregivers. A lawsuit can provide the funds to pay for that care.

Home modifications

A brain injury might mean renovating a home to be more accessible. You might need to install bathroom grab bars, replace slippery flooring, or move a bedroom to the main floor.

Home renovations can be expensive. It’s another consequence of your injury you shouldn’t have to bear without compensation.

Transportation costs

Many people rely on their car to get them around St. Louis. After a brain injury, you may not be able to drive for some time – or ever.

If you now need to rely on taxis, ride shares, and public transportation to get around, your brain injury lawyer will factor those ongoing costs into compensation calculations.

 

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“Gonzalo Fernandez handled the situation for my dad with great professionalism and compassion, ensuring that absolutely no details were left unattended. The peace of mind you have knowing you are working with a highly experienced attorney who is looking out for your best interests in a situation like this is invaluable.”

 

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How brain injuries happen, and who might be responsible

Brain injuries are divided into traumatic brain injury (TBI) and nontraumatic brain injury.

A TBI is caused by an outside force like a blow or jolt. It’s also called a “closed-head injury” because the injury happens when the brain is jostled inside the skull.

Not all brain injuries are caused by trauma. Some have medical causes like infection, aneurysm, or embolism. A lack of oxygen, chemical exposure, or electric shock can also cause irreversible brain injuries.

 

Top Causes of Traumatic Brain Injury	Top Causes of Nontraumatic Brain Injury
Falls	Stroke
Vehicle crashes	Near-drowning
Sports injuries	Infection
Explosive blast or military combat injuries	Lack of oxygen to the brain

 

It’s important to realize not every brain injury has the same symptoms. A person can sustain a brain injury even if they don’t lose consciousness.

Symptoms are not always immediately apparent. If someone sustains a blow to the head or is deprived of oxygen, they should seek medical attention, even if they are not experiencing any immediate symptoms.

Common symptoms of brain injury include:

• Loss of consciousness
• Feeling confused or disoriented
• Seizures
• Fluid coming from the nose or ears
• Severe or worsening headache
• Nausea or vomiting
• Fatigue or sudden drowsiness
• Dilated pupils
• Difficulty speaking
• Sleeping changes
• Dizziness or vertigo
• Lack of coordination
• Muscle weakness or numbness
• Blurred vision
• Ringing in the ears
• Lost sensitivity to smells
• Increased sensitivity to light or sound
• An unexplainable bad taste in the mouth
• Mood swings
• Personality changes
• Agitation or aggression
• Memory loss
• Difficulty concentrating
  

Who might be liable for a brain injury

While all brain injuries are tragic, not all are grounds for legal action. There must be someone liable: someone who had a responsibility to protect you from injury and failed in that responsibility.

Sometimes, an injured person shares the blame for their injury with someone else. For example, if you weren’t following safety protocols in the workplace, and the hard hat that was supposed to protect you failed, you bear some responsibility, but so does your employer and the hard hat manufacturer.

In Missouri, if you are found to be partly liable for your own injury, you can still receive compensation from the other liable parties. If, for instance, a jury found you were 50% to blame for your workplace accident, your compensation award would simply be reduced by 50%.

Liable parties might include:

• Insurance companies
• Property owners
• Product manufacturers
• People behaving recklessly
• Government agencies
• Medical providers and healthcare systems

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“In a crisis moment, I contacted Gonzalo Fernandez to review my situation. He was able to review my information within hours of initial contact and provide me with sound legal advice. Gonz went above and beyond what I would've expected. I'd highly recommend him and his team to anyone that needs legal representation.”

 

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What happens when you call St. Louis brain injury lawyer Gonzalo Fernandez

The first thing Gonzalo and the team at Fernandez Law will do at your free consultation is listen. We want to hear your story. We’ll ask clarifying questions to help us fully understand what you’re going through.

We’ll also review any documentation you’ve collected related to the injury. This could include insurance forms, medical records, police reports, or workplace documents.

We’ll give you an honest assessment of the strength of your case and the amount of compensation you might be able to claim.

Fernandez Law does not charge for the consultation, and unless we win for you, we don’t charge you at all. If we win a settlement or judgment for you, our legal fees will come out of the amount you win.

What to bring to your consultation with a brain injury lawyer

• Documentation explaining when and where the injury occurred
• Explanation of what happeneds leading up to the injury
• Documentation of medical care received since the injury
• Medical records from before the injury for comparison
• Your insurance information
• A list of witnesses to the event that caused the injury
• A police report, if one was filed
• An explanation of when symptoms were first noticed and what you did about them

Questions to ask when choosing a brain injury lawyer

• What experience do you have with cases like mine?
• What results have you gotten for clients with cases like mine?
• Who will be the lead attorney on my case?
• Who will be my day-to-day contact?
• What is your fee structure?
• Can you provide client references or recommendations?

What happens after I hire a brain injury lawyer?

Once you decide to move forward, Gonzalo and his team will thoroughly investigate the circumstances around your injury. We’ll review documents, interview witnesses, and gather evidence to determine who was liable for the injury.

We’ll handle all communication with insurers and lawyers for the parties involved. We will keep you updated on what’s going on, but you don’t need to worry about anyone calling you or trying to pressure you into a quick settlement.

We’ll work with our network of medical and life care experts to determine what would constitute a fair settlement that makes sure you have the resources you need for a safe, comfortable life.

We will handle all legal and insurance paperwork on your behalf so you never need to worry about a filing deadline or about signing something you don’t understand.

Finally, we’ll negotiate a fair settlement on your behalf. If we can’t reach a settlement, we’ll take your case to court and make a compelling argument showing you’re entitled to the compensation we’re asking for.

Brain injury lawyer Gonzalo Fernandez obtained a $7 million settlement for a client after doctors in a St. Louis hospital failed to treat a pulmonary embolism in time to prevent a brain injury.