Missouri Injury Lawyer Blog

A recent article in the St. Louis Post-Dispatch touched on a subject important to Missouri head injury attorneys like me. According to the Jan. 5 article, the family of a boy who fell from playground equipment at the City Museum has settled a lawsuit against the museum under confidential terms. Gavin Kirk was 10 when he fell from the museum’s outdoor jungle gym and hit his head. His mother, Michelle Kirk, said MRI tests showed that he suffered brain damage from the incident. The settlement came during jury selection for a trial in the case, which was expected to take a week and start Jan. 4.

The City Museum is an unusual mix of playground, museum and activity center for kids. The article said the Kirks were visiting from Lawrence, Kansas in 2006 when the accident happened. Gavin was climbing on the outdoor jungle gym, but climbed farther than he was supposed to and fell. He spent four days in the hospital. The article did not say whether the accident had permanent effects, although Michelle Kirk did say that Gavin suffered some permanent damage. An expert witness in the case estimated his lifetime damages, for medical care and other costs, at $400,000. The family’s lawsuit argued that the museum should have taken clearer steps to protect children from this type of accident, such as erecting signs to show where climbing isn’t permitted. A museum co-founder said it’s no more dangerous than a playground and that visitors should be sensible as they play.

As a St. Louis brain injury lawyer, I agree that museum visitors have an obligation to take reasonable care. But in an environment like this one, in which children are encouraged to climb and play, it’s not difficult to predict that kids might climb too far. Under Missouri (and Illinois) state law, everyone who invites the public onto their property must make sure visitors aren’t subjected to unreasonable or predictable hazards. That means cleaning up slippery spills, providing handrails on stairs and posting signs warning visitors of risks that can’t be taken away. If they fail to take these precautions, property operators are exposed to lawsuits like this one, from anyone who is hurt as a result of that failure. In most cases, this means slips and falls -- but as Gavin Kirk’s case shows, falls and slips can have very serious results.

Continue reading "City Museum Settles With Family of Boy Who Suffered Brain Damage in Fall" »

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Posted In: Brain Injuries

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After more than a month of waiting, Gov. Jay Nixon has vetoed the Legislature’s decision to repeal Missouri’s mandatory motorcycle helmet law, the St. Louis Post-Dispatch reported July 2. The vetoed legislation would have given riders 21 and older the option to not wear helmets, except on interstate highways. With the veto, riders of all ages must continue to wear their helmets in Missouri, although they may take them off in many neighboring states, including Illinois. Lawmakers may still override the veto when they convene in September, but the newspaper suggested that this will not be easy.

News reports suggested that Nixon had genuine doubts about the law, which may explain the long gap between the veto and the Legislature’s passing the law in early May. Supporters of the repeal argued that it was a question of freedom; adults should be able to choose whether to take the risk of riding without a helmet. Opponents, who included the Missouri Department of Transportation, countered with statistics showing that helmets substantially reduce motorcyclists’ risk of death and brain damage in an accident. Nixon cited some of those statistics when he vetoed the bill, adding that he was concerned about the likely increase in the financial cost of treating motorcycle accident victims.

As an American, I sympathize with concerns about where individual freedom ends and responsibility to others begins. But as a Missouri brain injury attorney, I believe that voluntarily using a helmet is the smartest choice for motorcyclists (and bicyclists and ATV riders). As the article points out, the federal Department of Transportation has found that helmets cut the risk of death by in a motorcycle accident by 37% and the probability of brain injury by 67%. They also cut costs to public health programs, as well as to riders and insurance companies. One DoT study estimated that helmet use saved $1.3 billion in 2002 alone in the U.S., and universal helmet use could have saved $853 million more. That’s a high price to pay for feeling the wind in your hair.

Continue reading "Governor Vetoes Repeal of Motorcycle Helmet Law, Leaving Helmets Mandatory for All Riders" »

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Posted In: Auto Accidents , Brain Injuries , Traffic Safety

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Legislation repealing Missouri’s mandatory motorcycle helmet law has passed the Legislature and is headed for the desk of Gov. Jay Nixon, the St. Louis Post-Dispatch reported May 1. The legislation, passed 95-63 in the Missouri House, makes helmets optional for riders age 21 and over. Riders below age 21 would still be required to wear helmets. If the bill is approved, Missouri would become the 31st state with partial or no helmet laws, including almost all of our neighboring states.

The law has provoked several disapproving editorials in the past few days, with the Post-Dispatch claiming that the repeal is “a spectacularly bad idea.” I know this is a sensitive subject for those who ride, many of whom feel strongly that they should have the right, as adults, to make their own decisions. The issue pits public safety arguments against freedom arguments, and both are worthy goals. I do not wish to comment on whether helmets should be mandatory. But, using my experience as a Missouri brain injury lawyer, I would like to explain why I believe that motorcyclists in our state should freely choose to wear helmets when they ride.

Helmets protect the brain, one of the few tissues in the body that cannot heal in the same way a cut or bruise heals. Once the brain is damaged, the abilities controlled by the damaged parts of the brain are most likely gone forever. Practically speaking, that translates to a lifelong disability of some kind -- physical, mental, sensory or emotional. In mild cases, this could leave the victim functional but with a permanent loss of abilities, personality changes or trouble controlling emotions. In serious cases, the victim will need lifelong care in an institution or with a live-in helper. It is also extremely expensive to treat -- hospital costs for a serious brain injury easily total five or six figures, and the lifetime cost reaches into the millions.

It’s well-established that states with mandatory motorcycle helmet laws have much higher helmet use rates than states without. It is more controversial, but still well-established, that helmets save lives and prevent brain injuries without adding risks. Studies by the federal Department of Transportation have found that an un-helmeted rider is 40 times more likely to suffer a fatal head injury and 15 times more likely to sustain a non-fatal injury than one wearing a helmet in the same crash.

Furthermore, of the states that have repealed their universal helmet laws, all have seen a pronounced rise in motorcycle crash fatalities -- a 31% rise in fatal motorcycle injuries in Texas, for example. And according to a 2002 study by the federal DoT, just under half of motorcycle accident victims have no health insurance, meaning that hospital charity care and government health programs pick up their bills. Given the staggering cost in abilities and money, I believe the protection a helmet offers is well worth the cost, both financially and philosophically. Riders may soon have the chance to make this choice for themselves, but as a St. Louis brain damage attorney, I hope they do it with full awareness of their risks.

Based in St. Louis, the Lowe Law Firm represents clients throughout Missouri and southern Illinois who have suffered brain injuries through another person’s careless actions. In addition to motorcycle accidents, this includes car and truck accidents, crashes with semis and big rigs, ATV crashes and accidents in the workplace. In a Missouri brain injury lawsuit, we can help our clients win the money they need to pay their sky-high medical bills, make ends meet while they cannot work and ensure that they get the care they need throughout a lifetime of disability. If this sounds like your situation and you’d like to know more, please contact the Lowe Law Firm today for a free, confidential consultation.

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Posted In: Auto Accidents , Brain Injuries

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Survivors of serious brain injuries and their supporters rallied in Jefferson City in favor of state legislation that would restore services for head injury victims, the Columbia Missourian reported March 5. The state bills would restore funding that was cut three years ago by Missouri Medicaid. HB 530 and SB 77 would allow Missouri brain injury patients to once again attend day rehabilitation, by adding the service to the MO HealthNet program and by covering more services. The move comes during Brain Injury Awareness Month, declared by the Brain Injury Association of America.

The article starts with the story of brain injury survivor Lisa Miller of Illinois. Miller was on her way to a meeting for work when her small car may have been hit by two semi trucks -- she can’t remember. She also can’t remember giving birth to her three sons or many other things that happened before her accident, and she now has significant short-term memory problems. This is not uncommon for brain injury patients, who may lose memory, cognitive and physical abilities or other functions because of their injuries.

Patients like Miller cannot be completely cured, because brain tissue doesn’t heal the way other tissues do. They can only learn to live with their injuries, a process that may take years of physical or occupational therapy. In some cases, patients may never be able to return to work, school or other activities that were important to them before the injury. These are emotionally devastating losses -- but they’re also very expensive. Over a lifetime, therapy bills, medical treatment and the cost of missed work can add up to hundreds of thousands or even millions of dollars. If this was caused by another person’s carelessness, victims can and should hold that person legally responsible for the results.

Based in St. Louis and Belleville, Ill., the Lowe Law Firm represents clients in Missouri and southern Illinois in all types of personal injury lawsuits, including Missouri brain injury lawsuits. If you or someone you love has been hurt by someone else’s carelessness and you’re ready to protect your rights, you can contact us for a free, confidential consultation.

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Posted In: Brain Injuries

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A middle school girl outside Kansas City died in early December after suffering a head injury. The girl had been sent home from school early after hitting her head against a wall during gym class. According to the Kansas City Star, she woke with a headache and stayed home from school again the next day. When her mother checked on her later that morning, she was unresponsive. Emergency workers could not revive her and the death is under investigation.

Unfortunately, this terrible tragedy follows a pattern that’s not unusual for brain injuries. As a brain injury attorney in St. Louis, I know it’s not unusual for patients with serious head injuries to report only a mild headache, or even no problems at all, at first. It’s only later that they and their loved ones begin noticing permanent effects from the injury, including personality changes, damage to sight or other senses or trouble controlling emotions. And in many cases, a blow to the head is only the trigger for a secondary brain injury caused by lack of oxygen to the brain, swelling or other events that can make a minor brain injury substantially worse.

According to the U.S. Centers for Disease Control and Prevention, sports and recreation cause as many as 3.8 million traumatic brain injuries (TBIs) every year. Many of these patients may go untreated because they don’t seem or feel seriously hurt, or because coaches and teachers may have a “tough love” mentality. Unfortunately, TBIs are a leading cause of injury and death among young Americans, sending 435,000 kids ages 14 and under to emergency rooms each year and killing an estimated 2,685. Some TBIs don’t cause lasting damage, but others leave their victims disabled or with permanent changes to their abilities and personalities.

At the Lowe Law Firm, we represent patients whose lives have been changed by brain injuries sustained through sports accidents, car crashes, medical mistakes and many other causes. Our attorneys have the experience and resources necessary to thoroughly prove the serious injuries associated with a TBI. If you or someone you love has sustained a serious head injury (including a wrongful death) and you would like to speak with us about your options, please contact us today for a free evaluation of your case.

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Posted In: Brain Injuries

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