Brain injury from a traumatic accident is a major cause of disability in the United States. Every year, over 1.4 million people suffer a traumatic brain injury (TBI), and an average of 50,000 people die while 23,000 survive, but must be hospitalized. Car accidents and slips and falls are major causes of TBI. Although some accidents are unavoidable and unpredictable, others are the result of a person's negligence.
If you or a loved one was injured due to a traumatic brain injury, it's essential to seek legal action with the help of the top-rated personal injury attorneys in Kansas City MO. With the help of your personal injury attorneys at Popham Law, we'll diligently investigate the circumstances of the case, counsel you through the legal process, and provide aggressive, yet professional, representation.For a free, no-obligation consultation with our personal injury attorneys, call the Popham Law Firm today at (816) 221-2288.
Symptoms of Traumatic Brain Injury
A traumatic brain injury is usually caused by a sudden impact to the head; even whiplash could be enough to rattle the brain and cause injury. A moderate brain injury is defined as a loss of consciousness for 20 minutes to 6 hours and a Glasgow Coma Scale of 9 to 12. A severe injury occurs when the loss of consciousness lasts longer than 6 hours, and there's a Glasgow Coma Scale of 3 to 8.Some other symptoms of a traumatic brain injury can include:
- Deficits with attention, concentration, memory, language processing, and more
- Problems with speech and language, including reading and writing
- Difficulties with interpretation of touch, temperature, movement, etc
- Partial to total loss of vision
- Decrease or loss of hearing
- Loss of diminished sense of smell and taste
- Seizures associated with epilepsy
- Physical paralysis/spasticity
- Adverse emotional behavior
A victim of TBI can suffer from many symptoms, and it's always important to see a medical professional after an accident. A diagnosis of TBI will be a fundamental piece of evidence when filing a personal injury lawsuit.
The Legal Options of a TBI
A TBI can pose serious consequences for victims. Even if you fully recover, you may still have to live with this life-changing injury. If the accident that led to the brain injury was caused by another person's negligence, however, you can file a personal injury claim and seek compensation for the damages that this injury presents.To know if you have a case, you should always have an experienced personal injury attorney review your case's details.
Compensation for TBI
By filing a personal injury lawsuit based on the other party's negligent actions that caused your TBI, you are seeking compensation to cover the financial damages that such an injury can pose. Some types of compensation can include:
- Victims of a traumatic brain injury may require extensive treatment, including surgery, lengthy hospital stays, physical therapy, speech therapy, occupational therapy, mental health counseling, and so on. As such, an attorney will help you fight for compensation for both present and future medical costs.
- Additionally, victims of TBI often have to take off work for days, weeks, and sometimes months. A personal injury lawsuit may seek compensation for lost wages.
- Because TBI can disrupt your life, victims in these cases often ask for compensation that covers their pain and suffering.
Brain injury settlements tend to be higher than other personal injury settlements due to the severity of these injuries.
How a Personal Injury Attorney Can Help
In Missouri, a personal injury lawsuit can only be filed within the first 5 years after the accident or incident occurred. After this statute of limitations, you may be unable to file a suit and litigate to recover damages from the injury. In order to be successful in your personal injury case, you and your attorney will need to prove:
- You have a brain injury,
- Your injury was not pre-existing, and
- Your injury resulted from the reckless or negligent actions of another person or entity
Proving negligence also means showing that the defendant caused the incident or failed to prevent it from happening. Nevertheless, due to Missouri's comparative fault laws, if you contributed to the accident, the percentage of your involve will be considered regarding the overall settlement.
Contact the Popham Law Firm Today for a Free Consultation
If you or a loved one was injured or killed due to a traumatic brain injury, one of the first things to do (after getting the necessary medical care) it to speak with an experienced and knowledgeable Kansas City personal injury attorney. By calling our law firm, our attorneys will carefully listen to your case and interests, investigate the circumstances of the case and build evidence, and vigorously litigate and/or negotiate for a full and reasonable settlement. For a free consultation about your case, call Popham Law in Kansas City today at (816) 221-2288.
