Suffering a traumatic brain injury (TBI) can turn your life upside down. Whether the injury occurred due to a car accident or a slip and fall accident, the physical, financial, and emotional consequences can be devastating. In Kansas and Missouri, if your TBI was the result of someone else’s negligence, you may file a lawsuit and seek financial compensation.
If you or a loved one suffered a TBI due to negligence, it is vital that you understand the legal process. Below, we discuss some of the most vital things you need to know when it comes to filing a TBI lawsuit in Kansas or Missouri.
Defining a Traumatic Brain Injury
A traumatic brain injury (TBI) occurs when the brain is damaged by a sudden, external impact. For example, a TBI may happen if you hit your head on the dashboard during a car accident. When such an impact occurs, the brain’s normal functioning can become disturbed, leading to physical, cognitive, or psychological issues that range from mild to severe. This can happen in various situations, two of the most common being car crashes and slip-and-fall accidents.
Some of the common symptoms of a TBI include:
- Headaches
- Memory issues
- Dizziness
- Mood fluctuations
- Trouble concentrating
- Confusion
Establishing Liability in a TBI Case
In Kansas and Missouri, you can file a TBI lawsuit if someone else’s negligence caused the injury. To establish liability, you must prove that:
- The other party had a duty of care
- They violated that duty
- The violation caused the injury
- The TBI caused real damages, such as medical expenses and pain and suffering.
Evidence that can be used to demonstrate liability includes:
- Medical records, such as hospital records, doctors’ reports, and imaging
- Medical expert testimony
- Accident reports
- Witness statements
- Photographs and videos
Types of Compensation Available
TBI lawsuits in Kansas and Missouri can help you recover both economic and non-economic damages. Economic damages cover tangible losses, including:
- Medical and rehabilitation costs
- Lost income
- Reduced earning capacity
- Costs for home care or adaptive equipment
Non-economic damages are intangible and subjective and include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If the defendant’s actions went beyond ordinary negligence, for example, if they were malicious or fraudulent, punitive damages may also be awarded.
Steps To Filing a TBI Lawsuit
While every case is unique, filing a TBI lawsuit in Kansas or Missouri typically follows the same process as outlined below:
- Consulting a TBI attorney
- Investigating the case and gathering evidence such as accident reports, witness statements, and medical records to build a strong case.
- Sending a demand letter to the insurance company and negotiating a settlement.
- Filing a formal lawsuit in court if negotiations fail.
- Discovery, which entails exchanging evidence.
- Litigation, if the case does not settle before trial.
Navigating a TBI lawsuit in Kansas or Missouri can be a complex process. An experienced local TBI attorney can help ensure all legal procedures are followed and all deadlines are met. They can help handle insurance adjusters, gather compelling evidence, and advocate for maximum compensation.
Contact Us for Legal Help
If you or a loved one has suffered a traumatic brain injury in Kansas or Missouri, contact our experienced brain injury counsel today for legal help.
