Suffering a traumatic brain injury (TBI) in a car accident can turn your life upside down, physically, emotionally, and financially. In Kansas and Missouri, if another party’s negligence causes a TBI, the victim and their family have the right to seek compensation through a personal injury claim or lawsuit. Both Kansas and Missouri allow TBI victims and their families to recover two main types of damages: compensatory and punitive. If you or a loved one has suffered a TBI, understanding the difference between these two is vital for understanding the potential value of your case and the possible outcome.
Understanding Compensatory Damages
Compensatory damages in TBI cases are meant to “restore” the victim to the state they were in before their injury. We have put the term restore in quotes because no amount of money can truly undo the impact of a traumatic brain injury, especially the emotional and physical impact. Compensatory damages essentially cover the losses and difficulties a TBI victim has faced because of their injury.
In Kansas and Missouri, compensatory damages fall into two categories as discussed below;
1. Economic Damages
These are the quantifiable financial losses a person suffers due to a TBI. They can encompass;
- Medical expenses, including hospital stays, surgeries, and medications
- Lost wages: the income you miss out on because you cannot resume work.
- Loss of earning capacity: This is the decrease in your ability to earn a living because of the lasting impacts of the TBI.
- Other out-of-pocket expenses: These include transportation costs, assistive devices, or
home modifications.
Proving economic damages is relatively easy, as they are supported by evidence like bills, receipts, invoices, and employment records.
2. Non-Economic Damages
Non-economic damages cover the emotional and psychological impact of an injury. These damages do not have a price tag, but can significantly affect a person’s life. Examples include;
- Pain and suffering
- Diminished quality of life
- Emotional distress
- Mental anguish
In a TBI case, non-economic damages can make up a significant portion of the settlement or verdict award. Often, these injuries result in long-lasting effects like cognitive changes, depression, memory loss, or mood swings.
Understanding Punitive Damages
Punitive damages are awarded to punish the defendant. In Kansas and Missouri, punitive damages are not awarded in all TBI cases. They are only awarded in cases where the defendant’s actions constitute more than just ordinary negligence. For example, these damages can be
awarded in cases involving drunk driving.
Kansas Law on Punitive Damages
According to K.S.A. section 60-3701, punitive damages can only be awarded after a judge finds sufficient evidence to support them. In Kansas, to recover punitive damages, plaintiffs must prove by clear and convincing evidence that the defendant acted with willful or wanton conduct, or engaged in malice or fraud.
Missouri Law on Punitive Damages
According to RSMo § 510.261, a plaintiff seeking punitive damages must show clearly and convincingly that the defendant did not regard the safety of others.
Because of the complexity of these laws, having a skilled TBI lawyer is vital for ensuring you pursue all potential damages.
Contact Us for Legal Help
If you or a loved one has suffered a TBI in Kansas or Missouri, our experienced brain injury counsel at Griggs Injury Law can help you fight for the compensation you deserve. Contact us today to schedule a consultation.
