A traumatic brain injury (TBI) can affect almost all aspects of your life, including your ability to work and communicate, your independence, and your emotional well-being. In Kansas and Missouri, when a TBI occurs due to the negligence of another party, the law allows the injured party to file a lawsuit against the negligent party.
During a Kansas or Missouri TBI lawsuit, injured individuals have several important legal rights. Understanding your rights is a crucial step in protecting your future.
1. The Right to Seek Economic and Non-Economic Damages
If another party’s negligence caused your TBI, you have the right to seek financial compensation for the economic and non-economic damages you have suffered and are expected to suffer in the future. In both Kansas and Missouri, recoverable economic and non-economic damages include:
- Past and future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
In limited cases, involving wanton, willful, malicious, or fraudulent behavior, courts may also allow punitive damages.
2. The Right To File a Lawsuit Within the Legal Time Limits
You have the legal right to initiate your TBI lawsuit within the time limit set by state law. This deadline, known as the statute of limitations, is not the same in Kansas and Missouri. Kansas generally requires that you file your lawsuit within two years, whereas Missouri gives you five years to initiate your lawsuit. However, certain exceptions may apply, such as delayed discovery, mental incapacity, or when the injured party is a minor at the time of the injury.
While you have the right to file your claim within two or five years, acting fast is crucial for preserving critical evidence and protecting the strength of your case. Waiting to file your lawsuit can lead to evidence getting lost, destroyed, or tampered with. Also, witnesses’ memories may fade.
3. The Right to Seek Compensation Even if You’re Partially at Fault
In both Kansas and Missouri, you have the right to recover compensation even if you bear some responsibility for the accident that led to your traumatic brain injury. This is because both states use the comparative negligence law. However, they do so in different ways. Whereas Kansas bars you from recovering compensation if you are found to be 50% or more at fault, Missouri allows you to recover damages even if you are 99% at fault.
Note: In both Kansas and Missouri, if you are partially at fault for your accident, your compensation will be decreased in proportion to your share of responsibility.
4. The Right to Legal Representation
You have the right to have an attorney represent you throughout the TBI lawsuit process. A knowledgeable attorney can investigate the accident, gather evidence, consult with experts, negotiate with insurance companies, and prepare your case for trial if needed.
5. The Right to a Jury Trial
If you cannot fairly settle your case, you have the right to present your case to a judge or jury. The jury will evaluate the evidence, determine fault, and decide the amount of compensation owed (if any).
Contact Us for Legal Help
Our experienced brain injury counsel at Griggs Injury Law can help you understand and protect your legal rights during the TBI lawsuit process. Contact us today to schedule a consultation.
