A traumatic brain injury (TBI) is one of the most serious injuries you can sustain in an accident. A TBI can have significant physical, emotional, and financial consequences. If you or a loved one suffered a traumatic brain injury in Kansas or Missouri in a car accident, slip and fall, or another accident due to another party’s negligence, you can recover compensation through a personal injury claim. However, before you can recover compensation, there are certain things you must prove. If you are considering a personal injury claim for a TBI in Kansas or Missouri, it is vital that you understand what you need to prove to successfully recover compensation.
What Must You Prove in a TBI Case?
To successfully prove a traumatic brain injury case in Kansas or Missouri, you need to establish the following key elements;
1. That the Defendant Owed You or Your Loved One a Duty of Care
First, you must show that the defendant owed you or your loved one a duty of care, or in other words, was legally obligated to act with reasonable care towards you or your loved one to prevent harm. Usually, establishing this element is easy in cases like car accidents, where drivers are legally obligated to adhere to traffic laws and operate their vehicles safely. In slip and fall cases, property owners are legally obligated to maintain reasonably safe premises for visitors.
2. That the Defendant Breached That Duty
Next, you must show that the defendant failed to meet their duty of care, meaning they acted negligently. For instance, if a grocery store failed to clean up a spill or a driver ran a red light, that would be considered a breach of duty of care.
3. That the Breach Caused the TBI (Causation)
You must establish causation after establishing the duty of care and breach of that duty. This entails showing that the defendant’s actions directly caused the TBI. This critical part of a TBI case is where things can get challenging. The defendant may argue that the symptoms are due to a pre-existing condition rather than the accident in question. They may claim the impact was too minor to cause such an injury. To overcome these arguments, you need to work with a skilled attorney.
4. You or Your Loved One Suffered Damages as a Result of the Breach
Lastly, to have a successful TBI case in Kansas or Missouri, you must show that the TBI has led to actual damages (economic and/or non-economic). This includes;
- Medical expenses
- Pain and suffering
- Lost income
- Emotional distress
- Loss of enjoyment of life
Evidence Needed To Support Your Claim
To prove your TBI case, you need strong evidence. In Kansas or Missouri, proving a TBI case typically involves gathering evidence such as;
- Medical records
- Accident reports
- Witness testimony
- Surveillance footage
- Expert testimony
- Personal journal
- Financial records
An experienced personal injury attorney can help you gather and preserve the right evidence and fight for fair compensation.
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 to recover appropriate compensation. Contact us today to get started on your case.
