Kansas City Brain Injury Lawyers
An injury to your brain, head, or neck can follow you for the rest of your life, particularly if not treated properly. A severe head, neck, or brain injury can leave you paralyzed from the neck or waist down. You may be unable to verbally communicate. Severe, long-lasting pain is a common consequence of these kinds of injuries, as well. Contact a brain injury attorney in Kansas City, MO for legal counsel if you have suffered a TBI in an accident that was the result of negligent actions of someone else.
Brain, head, and neck injuries are also expensive. Because they involve parts of the body that dictate your basic functions and ability to move, they can be extremely tricky to treat. It’s common for medical bills to pile up in the wake of a severe brain, head, or neck injury. Families can be left feeling at a loss for what to do.
Addressing Your Brain Injury
If you have experienced a brain, head, or neck injury in Kansas City, MO, Fowler Pickert Eisenmenger Norfleet can help. An experienced personal injury attorney in Kansas City specializing in brain, head, and neck injuries, he and his legal team can professionally assess your case to determine who was at fault. Whether a manufacturer, reckless driver, or other negligent party was the cause of your injury, we can help.
When determining the sort of compensation you should receive in the wake of your brain, head, and/or neck injury, it’s important to determine the nature of severity of your condition. Properly diagnosing the problem is also key to receiving treatment that works. Brain injuries are commonly classified into three levels of severity:
- Mild traumatic brain injury. If you feel confused, foggy, or dazed following a blow to the head, you likely experienced a concussion. A concussion is a mild traumatic brain injury. Concussions can range in severity, and while medical science can prevent the extreme danger to life a concussion can cause when the brain swells, doctors can’t do too much to accelerate your healing.
- Moderate traumatic brain injury. If you hit your head very hard or have your head shaken violently, the result may be a moderate traumatic brain injury. Hallmarks of this level of severity include cognitive, behavioral, and physical impairments continuing for a few months, or sometimes permanently.
- Severe traumatic brain injury. If your head is crushed, or you experience a penetrating blow, your injury can be quite severe. Brain hemorrhage and skull fracture are common, and there is a present risk of death. These brain injuries can increase your risk for Alzheimer’s, Parkinson’s, and similar brain conditions. You will require lifelong treatment in their wake.
Because the neck is the top of the spine, an injury to the neck can have consequences as severe as an injury to the brain.
One of the most common neck injuries is whiplash, which typically occurs during a car accident where a driver stops abruptly. The causes the neck to whip from front to back too quickly, damaging the bones, cartilage, or muscles of the neck. While whiplash typically heals in a few weeks or months, chronic whiplash can plague accident victims for much longer. This painful condition requires prompt and proper treatment to be prevented and stopped. If you were involved in a car collision and sustained a brain injury, contact a Kansas City accident lawyer today.
Other kinds of neck injuries include strains, sprains, and fractures. While these conditions typically can be healed without severe lasting consequences on the patient’s health, some patients aren’t so lucky. Treatment can last a lifetime, and pain may become a constant companion.
Common Events Causing Brain Injuries in Kansas City
Brain injuries can be devastating for victims and their families. Brain injuries can occur with intense impacts to the head or an object striking the head. Here are some of the most common ways such injuries can occur.
- Car Accidents. Car crashes are one of the leading causes of death and injury in the United States. They are also one of the leading causes of brain injuries. Brain injuries can occur from car crashes, motorcycle accidents, pedestrian accidents, or any other incidents on the road. People also often experience whiplash in car accidents, which can damage the brain and spinal cord.
- Athletics. Sports and other athletic activities can lead to brain injuries. Concussions are one of the most common types of mild brain injuries. Some athletes experience multiple concussions throughout their lifetime. Concussions occur more often in contact sports such as football, soccer, boxing, lacrosse, hockey, and some extreme activities like skateboarding.
- Violence. Gunshot wounds, domestic violence, child abuse, and other types of assault can all seriously damage the head. Shaken baby syndrome, when someone shakes a baby so hard his or her brain hits against the skull, also causes serious brain injuries and often death.
Traumatic brain injuries are not uncommon among people who experience explosions or see combat. Military personnel who are involved in combat situations can suffer brain injuries and even have permanent cognitive difficulty in some circumstances.
If the courts determine the defendant is liable for your injury, they can award you two types of damages: special damages and general damages.
Special damages, or economic losses, are damages for which the court can easily determine a monetary value because it is the money you spent or will spend to care for your injury. Some potential special damages are:
- Lost wages
- Lost earning capacity
- Future and past medical expenses
- Property damages
In cases of wrongful death, the court may also award damages for funeral and burial expenses.
General damages, or non-economic losses, are more difficult to monetize because they cover things that do not have specific financial costs. Some potential general damages include:
- Physical pain and suffering
- Humiliation and embarrassment
- Shock and mental anguish
- Loss of reputation
- Loss of society and companionship
- Emotional distress.
If someone is filing for wrongful death, the court may also award damages for loss of consortium, which covers lost comfort, lost support, and other aspects that loved ones usually provide.
In extreme situations, the court may also assign punitive damages. While special and general damages focus on helping the victim recover, punitive damages focus on further punishing the responsible party. Courts may assign punitive damages if they believe the defendant was grossly negligent and was aware of the reckless nature of his or her actions and deserves harsher punishment.
Comparative Negligence in Missouri
Missouri courts follow the comparative negligence rule, which gives them the right to reduce compensation depending on how responsible the victim was for the injury. For example, if the court determines a victim was 15% at fault for the incident, it would reduce the overall compensation by 15%.
Unlike many other comparative negligence states, Missouri adheres to pure comparative negligence. In other states, a plaintiff cannot receive any compensation if he or she is more than 50% responsible for the incident. In pure comparative negligence states such as Missouri, the victim can receive compensation even if he or she is more at fault than the defendant. As long as the victim is less than 100% responsible, he or she can receive compensation for the injury.
If you believe you or a loved one has suffered a brain injury, get medical help immediately and take time to heal. If your children suffer a head trauma during sports, insist they sit out the game until they see a doctor. Likewise, if an elderly loved one falls, do what you can to keep them still until he or she has time to recover.
Work With Us
The team at Fowler Pickert Eismenger Norfleet in Kansas City, MO, are experienced in getting you compensation for brain, head, and neck injuries. We can help you get the treatment and help you need so your family isn’t left alone to struggle under medical bills. Contact us today to learn more about how we can help.