A brain injury lawsuit is a civil lawsuit filed when someone has sustained a traumatic brain injury (TBI). The compensation awarded to those who have suffered a brain injury depends on many factors, including:
- The severity of the trauma
- How long the person was incapacitated
- Whether or not there was negligence on the part of someone else who may have caused the accident
A brain injury lawsuit can help cover medical expenses, lost wages, and other losses from the injury. These types of claims can benefit people who don’t have health insurance or are underinsured.
If you or someone you know has been injured due to another person’s negligence or reckless behavior, you should contact an experienced personal injury lawyer at Peterson & Associates, P.C. Our legal team can assess the details of your case and help you determine your next steps.
Causes of Brain Injury
Brain injury can be caused by a variety of circumstances, including accidents and underlying diseases.
Trauma
Trauma can cause severe brain injury. The most common types of trauma are accidents (e.g., motor vehicle accidents), falls, and assaults.
Exposure to Toxic Chemicals
Toxic chemicals are a significant cause of brain damage. They are found in pesticides, household chemicals, and industrial products that can enter the body through everyday activities or environmental exposure.
Cerebrovascular Disease
Cerebrovascular disease is a general term that refers to conditions that affect the blood vessels that supply the brain. If these blood vessels are damaged, they may restrict blood flow or rupture, causing swelling, leakage, and inflammation. Damage to the brain can lead to symptoms such as headache, blurred vision, memory loss, and confusion. In some cases, cerebrovascular disease may result in complete paralysis or death.
Hydrocephalus
Hydrocephalus is a condition that occurs when there is excessive cerebrospinal fluid in the brain. This can cause brain damage and, if left untreated, can lead to permanent disability or even death.
Hydrocephalus most commonly develops in infants and young children but can also occur in adults. In most cases, hydrocephalus results from a blockage in the ventricular system. This blockage causes fluid to build up in the brain, which causes pressure to increase inside the skull. Over time, this increased pressure can cause damage to the brain.
Intracranial Tumor or Tumor Vacuole
Intracranial tumors can cause severe brain injuries. They can compress the brain, causing damage to the space surrounding the brain. The pressure from the tumor can push against the brain’s blood vessels, leading to brain bleeding. This type of injury is called a hemorrhagic stroke or an intracranial hemorrhage.
Intracranial tumors can also cause swelling of the cerebral vessels, which is called venous sinus thrombosis. This type of injury is hazardous because it can compromise blood flow to other essential organs in the body, such as the heart and lungs.
What Are the Different Types of Brain Injuries?
There are several different types of brain injuries, but all require immediate medical treatment.
Aneurysm
Aneurysms are a type of brain injury that occurs when there is an abnormal widening of a blood vessel. An aneurysm is formed when there is an abnormal proliferation (growth) of blood vessels in the brain. Generally, the first signs of an aneurysm are sudden changes in behavior or memory loss caused by bleeding into the brain.
Concussion
A concussion is a type of head injury occurring when the brain is rattled or shaken inside the skull. It can happen when someone falls, hits their head, or has a blow to the head with something like a fist or elbow.
Anoxic Brain Injury
This is a condition in which there is insufficient oxygen in the blood. This lack of oxygen can occur as a result of a lack of blood flow to the brain or a disruption in blood flow. Brain cells can be damaged if the blood supply is cut off for too long, resulting in permanent damage and even death.
A primary cause of anoxic brain injuries is drowning, which results from being trapped underwater for an extended period. Another common cause is stroke, which occurs when part of the brain is suddenly deprived of blood supply due to a blockage or other problem in the vessels that supply the tissue with oxygen-rich blood. Other causes include severe head trauma, such as a car accident or other traumatic event.
Penetrating Trauma
This type of brain injury occurs when an object passes through the skull and enters the brain tissue.
Subdural Hematoma
This type of brain injury occurs when bleeding inside the brain’s protective covering.
Ischemic Stroke
This type of brain injury occurs when there’s reduced blood flow to part of the brain due to a blockage in an artery.
How Can I File a Brain Injury Claim?
When you are injured in an accident, you may be able to file a brain injury claim. First, you should ensure you have all of your medical records, including a detailed account of your symptoms, any tests you have undergone, and any treatment you have received. In addition, it’s essential to document how the accident has affected your ability to work or function as an independent adult.
There are many different ways that people can file a brain injury claim, including filing a traditional personal injury claim or filing a workers’ compensation claim. Regardless of which method you choose, there are several things that you must prove to win your case.
First and foremost, you must show that the negligence of another person or entity caused your injuries. Beyond showing that someone was at least partly to blame for your injuries, you also need to show how the injuries affected your life in some way. For example, if you suffered from memory loss or impaired cognition after the accident, it would be much easier to prove that it was due to the other party’s negligence.
Furthermore, it’s important to keep in mind that there are no set rules when it comes to brain injury claims. While certain things must be proven, such as memory loss and cognitive impairment, there is no strict formula for proving negligence.
The Kansas City personal injury attorneys at Peterson & Associates, P.C. can help you handle your brain injury case and ensure you get the compensation you deserve.
How Much Compensation Can I Receive for My Brain Injury Case?
The compensation you will receive in a brain injury case will be based on the severity of your injuries, the length of time you have been fighting for compensation, and your medical history. With regard to the severity of your injuries, compensation can be divided into two categories: partial and complete.
If your injuries are considered partial, you may receive a percentage of your medical expenses. You may receive a lump sum or monthly payments if your injuries are complete.
In addition to compensation for medical expenses, you may also be eligible for certain other forms of compensation, including lost wages and rehabilitation benefits.
To determine how much compensation you can receive for your brain injury case, it is crucial to assess the value of your injury from several different perspectives. For example, you may have a case worth millions of dollars if you were injured while working at a job with a high salary. Also, if you have a long-term disability or require extensive medical care that impacts your ability to earn money, this could further increase your compensation.
Potential Damages for Brain Injury Victims in Kansas City
There are several types of compensation that you may be eligible for in a brain injury case.
Medical Expenses
If you suffered a brain injury because of someone else’s negligence, you can file for compensation for your medical expenses. These medical bills could include medications, doctor’s visits, and therapy services. If your injuries are considered permanent, these expenses could continue for the rest of your life.
Pain and Suffering
This is non-economic damage that compensates victims of brain injuries for the pain and suffering that has occurred as a result of their injuries. This includes physical pain and emotional distress, such as depression and anxiety.
Loss of Ability
You can be compensated for the loss of ability that has occurred as a result of your injuries. This includes your ability to work or live independently at home due to physical limitations or cognitive impairments.
Wage Replacement
When you have an injury that impacts your ability to work, it can be challenging to earn money by going back to work. However, if it can be proven that you were unable to work because of your injuries, this factor may increase the amount of money you receive in compensation for your brain injury case.
Loss of Enjoyment
This includes things such as your hobbies and the joy derived from certain activities you once enjoyed but were forced to stop because of your injury.
What Factors Affect the Amount of Compensation Available to Brain Injury Victims in Kansas City?
In many cases, victims receive a settlement or judgment for their case depending on several factors, including the:
- Type of injury
- Age and physical condition of the person who was injured
- The economic impact of the injury
- Amount of time that the person needed to recover from the injury
How to Prove Liability in a Brain Injury Lawsuit
Proving liability in a brain injury case can be complex.
Proving Causation
The plaintiff has to prove that the defendant caused their injuries or disabilities due to their negligence. For example, they can prove they got injured because the defendant created a dangerous situation by failing to maintain unsafe conditions or follow safety rules.
Proving Negligence
Another way to show liability is by showing that the defendant acted negligently by not paying attention or being distracted while driving.
Failure of Reasonable Care
It is also possible to base liability on a failure of reasonable care. For example, if someone fails to take reasonable precautions when opening a door and hits another person, they could be liable for their injuries.
Contact a Kansas City Brain Injury Lawyer
The statute of limitations for filing a personal injury claim in Missouri is five years from the accident date. If you miss this deadline, then your case may be dismissed.
The experienced personal injury lawyers at Peterson & Associates, P.C. can help you handle your brain injury case and ensure you get the compensation you deserve. We understand how challenging brain injuries are, which is why we want you to focus on your recovery while we fight for you. Use our online contact form today to get started.