Kansas City Brain Injury Attorney

Brain injuries can be one of the most life-altering impairments that a person can suffer. They can be caused by a vehicle accident, fall, workplace incident, or many other circumstances, and the impact is often devastating. Victims can face long-term physical, mental, and emotional challenges, and families often struggle with the cost of unexpected medical bills, rehabilitation, and lost income.

In Kansas City, those who’ve suffered a TBI have the right to seek compensation for their expenses and losses. This is when a specialized legal advocate—a Kansas City brain injury lawyer—comes into play. These attorneys have experience handling complex legal issues like those surrounding brain injuries and are dedicated to making sure that victims get the justice and maximum compensation they deserve.

Understanding Brain Injuries

Brain injuries can vary in severity, but even mild injuries can have long-lasting effects. They usually happen when the brain is damaged by an external force, like a blow to the head, or by an internal factor, like oxygen deprivation. These injuries typically fall into two categories, including:

Traumatic Brain Injury (TBI)

A TBI is most often caused by a sudden impact to the head or a jolt that disrupts the brain’s normal function. These injuries are often caused by accidents like car crashes, falls, or physical assaults. Traumatic brain injuries are medically classified as mild, moderate, or severe, depending on how extensive the damage is.

Even a mild TBI (referred to as a concussion) can lead to headaches, memory issues, and difficulties concentrating. More severe TBIs may cause long-term disabilities, loss of mental function, and emotional instability issues.

Acquired Brain Injury (ABI)

ABIs happen due to internal factors, like a lack of oxygen to the brain, exposure to toxins, or a medical incident like a stroke. Even though they’re not caused by external trauma, ABIs can be just as damaging as TBIs.

The effects of ABIs can range from mild cognitive impairments to profound physical disabilities.

Common Accidents Resulting in Brain Damage

Kansas City sees its fair share of accidents and incidents that can result in brain injuries. Some of the most frequent causes of these brain injuries can include:

• Motor Vehicle Accidents: Car accidents, truck accidents, and motorcycle crashes are among the leading causes of brain injuries in Kansas City. When a person’s head hits an interior part of the vehicle or is subjected to violent movement (like whiplash) during a crash, their brain can be severely damaged. Even a seemingly minor motor vehicle accident can cause a concussion or more severe brain injury.
• Slip and Fall Accidents: Falls are another common cause of brain injury, especially among the elderly. Slip and fall accidents can happen in practically any setting, from public areas like stores and restaurants to private properties. If it’s a property owner’s negligence that leads to the hazardous condition, they can be held liable for any resulting injuries.
• Workplace Accidents: Construction sites, warehouses, and other industrial jobs and work areas tend to be higher-risk environments for brain injuries. Workers can suffer brain injuries from falls from heights, being struck by falling objects, or having equipment-related accidents. In these cases, workers can seek compensation by submitting workers’ compensation claims and/or filing third-party personal injury claims.
• Medical Malpractice: Medical errors, like mistakes made during surgery or incorrect anesthesia administration, can also lead to brain injuries. Negligence by a health care provider may cause an acquired brain injury, but proving medical malpractice requires a deep understanding of medical standards of care, making it crucial to have an experienced brain injury lawyer in your corner.
• Sports Injuries: Athletes in contact sports, like football, hockey, and soccer, are also at a high risk of brain injuries. Concussions are common in these games, and repeated head trauma can lead to even more severe medical issues like chronic traumatic encephalopathy (CTE). When proper safety measures are not taken to protect these athletes, coaches, sports organizations, and sporting equipment manufacturers may be liable

No matter whether you suffered head trauma via one of the above incidents or some other type, it’s likely that one of our Kansas City brain injury attorneys can assist you. Consultations with our legal team are free, so reach out to us at Thomas Law Offices to discuss your injury accident, and we’ll discuss what legal options are available to you.

The Role of a Brain Injury Lawyer in Kansas City, MO

After a brain injury, victims and their families often feel overwhelmed by the sudden traumatic changes in their daily lives. Medical treatments can be extensive and expensive, and dealing with the legal system at the same time can seem impossible. This is when you need a qualified, experienced brain injury attorney to step in to provide the crucial support you and your family need to secure compensation to cover medical expenses, lost wages, and other damages.

When working with an attorney in Kansas City who regularly handles traumatic brain injury cases, you can expect them to:

Perform a Case Evaluation and Investigation

The first step your lawyer will take is to evaluate the circumstances and evidence of your case.

This will involve reviewing how your injury occurred, identifying all potentially responsible parties, and assessing your total economic and noneconomic losses your injury resulted from a vehicle accident, medical malpractice, an incident in the workplace, or harm from a defective product, your lawyer will collect and study the evidence to establish liability.

This thorough investigation is an essential first step in brain injury cases because the extent of the injury may not be immediately apparent. Your lawyer may work with medical professionals, accident reconstruction experts, and other specialists to build a case demonstrating your injury’s severity and the total impact it may have on your life.

Establish Liability

Another essential role of a brain injury lawyer is to establish liability (fault). They must determine who is responsible for your injury, which is a critical aspect of any personal injury case, and a brain injury is no exception.

The fault may be obvious in some cases, such as in a car accident where the other driver was intoxicated. In others, liability may be more difficult to prove. One example of this would be in medical malpractice cases where a lawyer must demonstrate that a health care provider’s negligence directly caused the brain injury.

Liability can also be more complicated when it involves multiple parties. A workplace accident, for instance, can be a situation where both the employer and a third-party contractor share responsibility.

Your lawyer will work hard to make sure that all liable parties are held accountable for their involvement in your injuries.

Calculate Damages

The financial, emotional, and physical toll of a brain injury, collectively, can be overwhelming. Your brain injury attorney will calculate the full extent of damages you’ve suffered to help make sure that you’re fairly and adequately compensated.

Damages in a brain injury case can include:

• Medical expenses: Hospital bills, surgeries, medication, rehabilitation, and any future medical treatments related to the injury.
• Lost wages: If you can’t work as a result of your injury, you can be compensated for lost wages and any loss of future earning capacity.
• Pain and suffering: Brain injuries can often result in significant emotional distress. Things like depression, anxiety, and personality changes are not uncommon. These noneconomic damages will also be considered when calculating the total compensation you deserve.
• Loss of consortium: Sometimes, an injury can significantly impact your relationship with a spouse or other family members. Compensation may be awarded for loss of companionship and support as well.

File Your Personal Injury Claim

The first step in pursuing compensation is filing a personal injury claim against the at-fault party.

Your lawyer will handle this process, ensuring that all necessary documentation is submitted in a timely manner. In Kansas City, you generally have a limited amount of time to file a claim due to the state’s statute of limitations, so it’s important to act quickly.

Negotiate With the Insurance Company

Many brain injury cases involve insurance companies, which often try to settle the claim quickly and for as little money as possible. An experienced Kansas City brain injury lawyer will know how to counter these tactics and will handle all negotiations with the insurance company, fighting for a fair settlement that covers all of your needs.

Litigate Your Case If Necessary

If a fair settlement can’t be reached, your lawyer will take your case to trial. During litigation, both sides present evidence, call witnesses and argue their case before a judge or jury.

In these cases, your lawyer will prepare you for the trial process, ensuring that your case is presented clearly and convincingly.

Why Hiring a Kansas City Brain Injury Lawyer Is Essential

Navigating the legalities of a brain injury case without the help of an experienced lawyer is extremely challenging, to put it lightly.

A Kansas City brain injury attorney brings a number of key benefits:

• Legal Expertise: A TBI lawyer has technical knowledge that most people don’t possess, and experience in brain injury cases helps them understand how to build a strong case that demonstrates liability and the full extent of damages.
• Resources: Most attorneys have access to a wide network of medical professionals, investigators, and expert witnesses, all of whom can help strengthen your case.
• Advocacy: A brain injury lawyer has the experience with both negotiations and courtroom settings to aggressively advocate for your best interests and ensure you’re not being taken advantage of during the negotiation process.

At Thomas Law Offices, we understand that brain injury can have devastating consequences on victims and their families, consequences that can last a lifetime. From medical and rehabilitation expenses to the physical and emotional toll, the challenges are immense.

If you or a loved one has suffered a brain injury in Missouri, it’s crucial to seek legal representation from a Kansas City brain injury lawyer with the experience and track record of success to tip the scales of justice in your favor.

Contact us today for a free consultation.