A traumatic brain injury (TBI) can happen in an instant and completely change your life. Whether it’s due to a car accident, a slip and fall accident, or another incident at home, work, or elsewhere, these injuries can be devastating, not just physically, but also emotionally and financially. If you or someone you care about has suffered a traumatic brain injury in Kansas or Missouri, you may have many questions. Below, we answer some of the most frequently asked questions about TBI cases to help you understand your legal rights and what to expect in your case.
1. What is a traumatic brain injury?
Mayo Clinic defines a traumatic brain injury or TBI as an injury that arises when the head suffers a violent jolt or blow. It can also happen if something penetrates the skull and goes through brain tissue. These injuries can vary from mild concussions to severe brain damage that can result in long-term complications or even death.
2. Who can be held liable for a TBI?
In both Kansas and Missouri, if a TBI occurs due to the negligence of another party, the victim or their family can file a claim against the negligent party and seek compensation. Potential liable parties may include:
- A driver who caused a car accident
- A property owner who failed to maintain safe premises
- A manufacturer of a defective product
Proving liability requires showing that the defendant had a duty of care, breached that duty, and caused the TBI.
3. How long do I have to file a TBI lawsuit?
Kansas and Missouri have different statutes of limitations for TBI lawsuits. In Kansas, you generally have two years after the injury to file your lawsuit. On the other hand, Missouri law generally allows you to file your TBI claim within five years of the injury date.
4. What damages can I recover in a TBI lawsuit?
In Kansas and Missouri, you may seek the following damages in a TBI case:
- Economic damages, including medical bills, lost income, and reduced earning capacity
- Non-economic damages, including emotional distress, pain and suffering, and loss of enjoyment of life
Punitive damages, which are intended to punish the defendant and deter similar behavior from recurring in the future, are rarely awarded but can be awarded in cases involving malice, fraud, or reckless disregard for the safety of others.
5. Can I recover compensation if I was partially at fault?
Yes, both Kansas and Missouri are comparative negligence states. However, in Missouri, you can recover compensation regardless of your percentage of fault, whereas in Kansas, recovery is only allowed if you are less than 50% at fault.
6. Do TBI cases go to court?
Many TBI cases are resolved outside of court through settlement negotiations. With the help of an attorney, a settlement can provide fair compensation within a short time, saving you the stress of a trial. However, some cases require going to court to ensure fair compensation.
7. Why do you need a lawyer?
TBI claims are complex. An experienced attorney can:
- Collect and gather evidence
- Help you navigate the complex process
- Negotiate with insurance companies
- Advocate for maximum compensation
Contact Us for Legal Help
If you or a loved one has suffered a TBI in Kansas or Missouri and you have questions, contact our experienced brain injury counsel at Griggs Injury Law today to schedule a consultation.
