Question 1

What Is a Traumatic Brain Injury?

Accepted Answer

A traumatic brain injury (TBI) is an injury to your brain tissue that leads to some sort of damage. Usually resulting from a violent jolt, such as in a car accident, or a violent blow to the head, brain injuries can range from mild to severe. However, any form of brain injury can lead to lifelong complications and life-threatening conditions.

Question 2

Do You Need a Kansas City Brain Injury Attorney?

Accepted Answer

Many different incidents can lead to traumatic brain injury, from car accidents to acts of violence to falls from unsafe workplace equipment. If someone else’s negligence or recklessness led to your brain injury, you may be eligible for financial compensation through a brain injury lawsuit – and Fowler Pickert Eisenmenger Norfleet is here to help.

Hiring one of our personal injury attorneys can provide numerous benefits to your case, increasing your chances of obtaining maximum possible compensation.

Your traumatic brain injury attorney will have the experience and knowledge of brain injury law you need to build a compelling case. Head injury cases can involve many different aspects of personal injury law, depending on the cause of the incident. In addition, you need someone who has extensive medical knowledge of your brain injury to build your case. Hiring an attorney with experience working with brain injury victims can help you fully investigate and file your personal injury lawsuit.

Brain injury cases require several key pieces of compelling evidence to prove that a victim requires compensation. Your attorney will have knowledge of where to find this evidence and have the authority to access it. You will not have to worry about collecting this evidence yourself, giving you more time to focus on recovery and medical care.

In addition, your attorney will have a wide network of experts he or she has worked with in the past who can provide valuable testimony on your behalf. These witnesses can range from accident reconstruction experts to brain injury specialists – whoever you need to help build your case.

Recovering from a traumatic brain injury is difficult by itself without an additional legal process. Filing a lawsuit can be difficult and stressful, and your Kansas City personal injury attorney can help. He or she will guide you through the process, from negotiations to court dates to helping you secure a settlement. That way, you have more time to focus on your recovery from brain injury symptoms.

Question 3

How Do You Prove Negligence?

Accepted Answer

When you hold an at-fault party accountable for your brain injury in Missouri civil court, you have to prove that the cause of your head injury was negligence on the part of that at-fault party. Proving negligence can be difficult depending on your case, especially if liability is not clear or if there are multiple parties involved.

Hiring an experienced Kansas City traumatic brain injury lawyer can increase your chances of successfully proving negligence in Missouri civil court. To do so, you and your attorney will need to satisfy four key elements.

First, you will need to prove that the at-fault party owed you a duty of care at the time of the accident. If a car accident caused your brain injuries, you can claim that the other driver owed you a duty of care to drive safely and honor traffic laws. If you tripped over a broken stair in your apartment building and you suffered a brain injury, you can claim that your landlord owed you a duty to maintain safe premises.

Next, you will need to prove that the at-fault party breached his or her duty of care to you. For example, if the other driver was speeding and rear-ended you, you can prove that he or she was not following applicable traffic laws. If your landlord knew about the broken stair and refused to fix it, you can prove that he or she did not maintain safe premises.

Then, you will need to prove that you suffered your traumatic brain injury as a result of the at-fault party’s breach of his or her duty of care. Your medical records can help prove this element, as well as expert testimony and statements from your care team.

Finally, you will need to prove that you suffered damages that you can recover through the lawsuit. The damages you can recover in a traumatic brain injury lawsuit include past and future medical expenses, disability, pain and suffering, lost wages and earning potential, and emotional trauma.

Question 4

Can You Recover From a Brain Injury?

Accepted Answer

Recovery from a traumatic brain injury is possible. However, the process varies based on the severity of your injury, its cause, and where the damage lies in the brain. Traumatic brain injuries range from mild to severe, and can lead to lasting, lifelong complications.

Only your medical team can predict whether you will make a full recovery or not. Depending on the cause and extent of your injury, your medical team will put you on a specialized rehabilitation program. Your full participation and cooperation with this program will be key in your recovery.

The brain does have a limited ability to heal itself. Within the first six months after your injury, you will experience a period of the fastest recovery. However, your recovery and healing rate will gradually slow down as time passes. It is very normal to make little progress after the first year. However, you may gain more function in the years following your injury.

Question 5

What Is the Statute of Limitations on TBI in Missouri?

Accepted Answer

Every state has a statute of limitations that dictates how long you have after an injury to bring a personal injury lawsuit to civil court. If you do not file your lawsuit within this timeframe, the court will most likely refuse to hear your case – and you can lose your chances at obtaining compensation for your traumatic brain injury.

In the state of Missouri, you have five years from the date of your accident to bring your claim to state civil court. The state also imposes a two-year statute of limitations for cases involving medical malpractice, and a three-year statute for cases involving wrongful death.

It is important to begin the lawsuit filing process as soon as possible after your injury. Once you receive medical attention, contact Fowler Pickert Eisenmenger Norfleet to schedule your free consultation. Our attorneys will be able to provide guidance on your case and advise you on how to move forward, as well as begin to file your lawsuit.

Kansas City Brain Injury Lawyers

Do You Need a Kansas City Brain Injury Attorney?

How Do You Prove Negligence?

Comparative Negligence in Missouri

We Are Proud to Serve Injured Clients Throughout Missouri and Kansas

What Is a Traumatic Brain Injury?

Addressing Your Specific Brain Injury

Mild Traumatic Brain Injury

Moderate Traumatic Brain Injury

Severe Traumatic Brain Injury

Common Events Causing Brain Injuries in Kansas City

Car Accidents

Athletics

Violence

Potential Damages

Can You Recover From a Brain Injury?

What Is the Statute of Limitations on TBI in Missouri?

Have You or a Loved One Been Seriously Injured in Kansas City, Missouri?