Suffering a traumatic brain injury (TBI) can be life-altering. A TBI often results in substantial medical expenses, lost wages, pain and suffering, and many other long-term challenges. Thankfully, in Kansas and Missouri, when a person sustains a TBI due to another person’s negligence, they can file a personal injury lawsuit and seek financial compensation. However, navigating your way through the legal system can be overwhelming and challenging. It is crucial that you have an understanding of the basics of a traumatic brain injury lawsuit. Below is a simple outline of what you can expect during a TBI lawsuit in Missouri or Kansas.
1. Initial Consultation and Case Assessment
The legal process usually begins with a consultation with a Missouri or Kansas personal injury attorney, which can either be free or charged. During this first meeting, you will go over the specifics of your case, including how you sustained your injury, the medical care you have received, and the impact of the injury on your life. The attorney will assess whether you have a valid claim according to Missouri or Kansas law. If the attorney deems your case valid and worth pursuing, they will guide you on the next steps.
2. Investigation and Gathering Evidence
After an attorney has determined that you have a valid case that is worth pursuing, the next step is investigations and gathering evidence. The success of your TBI lawsuit hinges on the strength of your evidence. Evidence in TBI cases often includes;
- Medical records, such as test results, doctors’ notes, and medical bills and invoices
- Witness statements
- Testimony from family members
- Employment records showing lost income
- Accident reports
- Video footage
- Expert opinions
- Journals
In TBI cases, expert testimony is often vital for explaining the severity of the condition.
3. Filing the Lawsuit
The next step is filing your lawsuit in court. Kansas and Missouri have a statute of limitations for filing personal injury lawsuits. In Kansas, you generally have two years from the date of your injury to file your lawsuit, whereas in Missouri, you typically have five years. Your lawyer will prepare and submit the paperwork to the court, officially commencing the case.
4. Discovery Phase
This is the stage where both sides exchange information. The discovery phase can involve;
- Depositions: Sworn testimony taken outside of court
- Interrogatories: Written questions
- Request for production of documents
The aim of this phase is for the plaintiff and defendant to establish facts, build their cases, and prepare for trial or potential settlement.
5. Negotiation and Settlement Talks
Your attorney will work with the defendant’s legal team or insurance company to reach a fair settlement. Many Missouri and Kansas TBI lawsuits are settled at this stage before trial. If negotiations are successful, your case will end here. Otherwise, your case will proceed to trial.
6. Trial and Judgement
If your traumatic brain injury lawsuit proceeds to trial, a judge or jury will evaluate the evidence presented by you and the other side and determine if the defendant is liable for your injury and the compensation you are entitled to receive. If you win, the court will issue a judgment and award damages.
During the entire process, your attorney will guide you and advocate for your best interests. Your attorney’s job is to protect your rights and pursue maximum compensation.
Contact Us for Legal Help
If you or a loved one has suffered a traumatic brain injury in Missouri or Kansas, contact our experienced brain injury counsel at Griggs Injury Law to discuss your case.
