Traumatic Brain Injury Attorneys in Kansas City
Skilled Representation for TBI Victims in Overland Park & Beyond
At the Law Office of Tom Wagstaff Jr., we are proud to represent locals who need to file a traumatic brain injury (TBI) claim or lawsuit in the Kansas City area. Brain injuries can lead to a lifetime of challenges and significant changes, which are even more frustrating when the injuries are caused by accidents that should have been preventable.
Our dedicated legal team is committed to helping you file a claim to pursue due compensation and justice after a life-changing brain injury. With our experience and unwavering commitment to your cause, we can guide you through the entire legal process and fight to hold the responsible parties accountable for their negligence.
How We Can Help
If you or a loved one has suffered a traumatic brain injury, it's crucial to seek legal help from experienced attorneys who specialize in TBI cases. At the Law Office of Tom Wagstaff Jr., LLC, our team understands the complexities of TBI cases and is dedicated to providing skilled representation for our clients in Overland Park and Kansas City.
When it comes to TBI cases, it's important to have legal advocates who can:
- Thoroughly investigate the cause of the injury
- Assess the long-term impact on the victim's life
- Negotiate fair compensation for medical expenses, lost wages, and pain and suffering
- Advocate for the best possible outcome in court, if necessary
Don't hesitate to reach out to us for a free consultation to discuss your TBI case and learn how we can help you seek the justice and compensation you deserve.
If your life has changed due to a brain injury, yours or a loved one’s, call (816) 597-4556 to talk to the Kansas City brain injury lawyers at our firm.
What is a Traumatic Brain Injury?
A traumatic brain injury is a form of brain damage that causes or is expected to cause a severe and/or permanent injury. Some TBIs are caused by an external force like a sudden impact or blow to the head. Others are caused internally, such as through oxygen deprivation or unsafe blood toxicity that affects the brain.
Unlike a mild or temporary brain injury, a TBI can lead to long-term complications or irreversible damage, dramatically affecting an individual's cognitive functions, physical abilities, and overall quality of life. If your doctor has diagnosed you with a brain injury after an accident, you should explore your legal options, especially if the diagnosis is a traumatic brain injury.
There are several common types of traumatic brain injury, including:
- Concussion: A concussion is a mild form of TBI that typically results from a blow to the head or a sudden jolt to the body. Concussions can cause symptoms such as headaches, dizziness, confusion, and memory problems. While most concussions are mild and resolve on their own with rest, repeated concussions can lead to more serious long-term consequences.
- Contusion: A contusion is a bruise or bleeding on the brain that occurs when blood vessels are damaged during a head injury. Contusions can range in severity from mild to severe, depending on the extent of the bleeding and the area of the brain affected. Severe contusions may require surgical intervention to remove the blood clot and relieve pressure on the brain.
- Penetrating Injury: A penetrating injury occurs when an object, such as a bullet or a piece of shrapnel, penetrates the skull and damages the brain tissue. Penetrating injuries often cause significant damage to the brain and may require emergency medical treatment, including surgery, to remove the object and repair the damage.
- Diffuse Axonal Injury (DAI): DAI occurs when the brain is subjected to rapid acceleration or deceleration, causing the nerve fibers (axons) to stretch and tear. DAI is commonly associated with high-speed motor vehicle accidents and can result in widespread damage to the brain, leading to long-term cognitive and motor deficits.
- Coup-Contrecoup Injury: This type of injury occurs when the force of impact causes the brain to collide with the opposite side of the skull, leading to contusions and damage at both the site of impact (coup) and the opposite side (contrecoup) of the brain. Coup-contrecoup injuries can occur in situations where the head is struck with significant force, such as motor vehicle accidents or falls.
Permanent Symptoms of TBIs
If a traumatic brain injury is permanent, as it likely will be, the resulting symptoms or complications can dramatically alter your day-to-day life. You might lose important faculties or abilities and find that living independently is a new challenge. At the Law Office of Tom Wagstaff Jr., our experienced Kansas City brain injury lawyers can collaborate closely with medical experts. This multidisciplinary approach allows us to gain a comprehensive understanding of how a TBI will impact your life, both in the short term and indefinitely.
Permanent symptoms of traumatic brain injuries can include:
- Cognitive impairments: This can involve difficulties with memory, attention, learning, and executive functions like planning or organization. These impairments can affect your ability to work, study, or manage daily tasks.
- Physical disabilities: TBIs can result in lasting physical issues such as partial or total paralysis, difficulty with coordination and balance, or other motor function problems.
- Emotional and behavioral changes: After suffering a TBI, you may experience frequent changes in your emotional state, including increased irritability, mood swings, depression, anxiety, or impulsivity.
- Sensory disruptions: Some people with TBIs face permanent disruptions in their sensory perception, leading to issues like blurred vision, tinnitus (ringing in the ears), or altered sense of taste or smell.
Accidents That Cause Brain Injuries
At the Law Office of Tom Wagstaff Jr., our seasoned attorneys can handle a wide variety of accident claims that can lead to brain injuries. Our broad experience provides us with the necessary knowledge and legal insight to handle virtually any brain injury case, regardless of the cause of that TBI. We understand the intricate nuances of each type of accident or incident and tailor our approach accordingly to effectively pursue justice for our clients.
Types of accidents that can result in brain injuries include:
- Car accidents: Motor vehicle accidents are one of the leading causes of traumatic brain injuries. When a vehicle collides with another object or vehicle, occupants can experience sudden acceleration, deceleration, or impact forces that cause the brain to strike against the skull, leading to injury.
- Truck accidents: Similar to car accidents, truck accidents involve large vehicles that can cause significant damage upon impact. The sheer size and weight of trucks increase the likelihood of severe injuries, including traumatic brain injuries, to occupants of both the truck and other vehicles involved.
- Motorcycle accidents: Motorcyclists are particularly vulnerable to traumatic brain injuries due to the lack of protective barriers around them. In accidents, riders can be thrown from their bikes and may strike their heads on the pavement or other objects, resulting in TBIs.
- ATV accidents: All-terrain vehicles (ATVs) are popular recreational vehicles, but they can also be involved in accidents leading to traumatic brain injuries. ATV riders can be ejected from the vehicle during rollovers or collisions, leading to head injuries.
- Bicycle accidents: Cyclists are at risk of traumatic brain injuries when they collide with vehicles, pedestrians, or stationary objects. Even with helmets, the impact of a fall or collision can cause concussions or more severe brain injuries.
- Construction accidents: Construction sites pose various hazards, including falls from heights, being struck by falling objects, or being involved in machinery accidents. These incidents can result in traumatic brain injuries if the head is impacted or subjected to sudden forces.
- Slip-and-fall accidents: Slip-and-fall accidents can occur in various settings, such as workplaces, public spaces, or private properties. A fall can lead to a blow to the head, resulting in traumatic brain injuries, particularly among older adults or those walking on slippery surfaces.
- Product defects: Defective products, such as faulty helmets, car seats, or safety equipment, can fail to provide adequate protection in accidents, increasing the risk of traumatic brain injuries for users.
- Medical malpractice: Errors during medical procedures or surgeries can lead to traumatic brain injuries. For example, complications from anesthesia or surgical errors can deprive the brain of oxygen, leading to brain damage.
- Nursing home abuse and neglect: Elderly individuals residing in nursing homes may be at risk of traumatic brain injuries due to falls, physical abuse, or neglect by caregivers. Failure to provide proper supervision or assistive devices can increase the likelihood of accidents resulting in TBIs.
Damages & Compensation in a TBI Claim
In a personal injury claim, various types of damages and compensation can be pursued to cover the losses suffered by the victim. Our Kansas City brain injury lawyers take pride in our ability to accurately calculate the compensation owed to our clients based on the unique damages they have suffered. We know that money can’t undo what happened to you or your loved one, but it can help make life more comfortable by removing financial stress and paying for full medical treatments.
Three types of damages that could be available in a TBI claim are:
- Economic damages: These are quantifiable financial losses resulting from the injury. They include medical expenses (both current and future), lost wages, reduced earning capacity, and costs related to rehabilitation or any necessary home modifications.
- Non-economic damages: These damages compensate for non-monetary losses that are often subjective and harder to quantify. They include pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship, and shortened life expectancy.
- Punitive damages: In cases where the defendant has acted with gross negligence or intentional wrongdoing, punitive damages may be available. These are not awarded to compensate the plaintiff, but rather to punish the defendant and deter similar conduct in the future. Punitive damages are rare, though, so they might not be available in your case.
Do Brain Injuries Require Lifelong Care?
The severity of a traumatic brain injury can dictate the extent of care needed. In cases of severe TBI, people may need ongoing assistance with daily activities, regular therapeutic interventions, and potentially round-the-clock care for the rest of their lives. Even in instances of moderate TBI, long-term treatment and support may be necessary to manage persistent symptoms and improve quality of life.
The lifetime cost of care for a person with a TBI can be significant, making it crucial to seek comprehensive legal representation to demand compensation to pay for those costs.
Award Winning Results
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$37 Million
- Heirship Dispute
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$3 Million
- Nursing Home Elopement
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$2 Million
- Nursing Home Elopement
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$1.95 Million
- Motor Vehicle Collision
How Do I Prove that Someone Else Is Liable?
Establishing negligence in a traumatic brain injury case involves demonstrating that the injury resulted from someone else's failure to exercise reasonable care or follow a standard duty of care.
To establish negligence in a TBI case, several key elements need to be proven:
- Duty of Care: The first step is to establish that the defendant owed a duty of care to the injured person. For instance, in a car accident case, all drivers owe a duty of care to operate their vehicles safely and follow traffic laws.
- Breach of Duty: It must be shown that the defendant breached that duty of care. This breach could be a failure to act as a reasonably prudent person would have under similar circumstances. For example, if a driver was texting while driving, thereby causing an accident resulting in a TBI, it could be considered a breach of duty.
- Causation: There needs to be a direct link between the defendant's breach of duty and the TBI suffered by the plaintiff. The plaintiff must prove that the defendant's actions (or lack thereof) directly caused the TBI. This could involve demonstrating how the specific actions or negligence led to the injury.
- Damages: The plaintiff must have suffered actual damages, including physical, emotional, or financial harm, as a result of the brain injury. Medical records, expert testimony, and documentation of the impact of the injury on the plaintiff's life may be used to establish damages.
The Role of Evidence in a TBI Case
In a brain injury case, evidence plays a crucial role in proving negligence:
- Medical records: Detailed medical records and expert opinions from healthcare professionals can help establish the extent and cause of the TBI.
- Eyewitness testimonies: Statements from witnesses who observed the incident leading to the TBI can provide crucial details supporting the case.
- Expert testimonies: Expert witnesses, such as accident reconstruction specialists or medical professionals specializing in brain injuries, can offer opinions on how the injury occurred and its long-term effects.
- Documentation and reports: Police reports, incident reports, and any documentation related to the incident can serve as valuable evidence.
- Photographs or video evidence: Visual evidence, such as photos or videos of the accident scene, can help illustrate the circumstances surrounding the injury.
- Records of losses and expenses: Documentation of medical expenses, lost wages, and other financial losses incurred due to the TBI will strengthen the case for compensation.
Proving negligence in a brain injury case requires a thorough investigation, collection of evidence, and the expertise of legal professionals. An experienced attorney can guide you through the legal process, help gather evidence, and advocate on your behalf to establish negligence and seek appropriate compensation for your damages.
Call the Law Office of Tom Wagstaff Jr. Today
At the Law Office of Tom Wagstaff Jr., our experienced Kansas City TBI attorneys are committed to standing up for the rights of brain injury survivors and their families. We diligently pursue every avenue of compensation to address your current needs and future care. Our team is ready to provide you with the comprehensive legal guidance you need during this challenging time. Let’s get started together today.
Contact us for a free consultation about your TBI case. Call (816) 597-4556 now.
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“He worked hard on our behalf and we reached a positive conclusion.” - Lori D.
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“Tom gives lawyers a good name.” - Donna J.
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“Tom and his firm are great people!” - Brad
Brain Injury FAQ
Are all brain injuries permanent?
Not all brain injuries are permanent. The severity and location of the injury, along with the individual's overall health and the immediacy of treatment, can greatly impact the outcome. Mild traumatic brain injuries, such as concussions, often result in temporary symptoms that resolve with proper care and rest. However, moderate to severe brain injuries can cause long-lasting or even permanent impairments affecting cognitive function, physical abilities, and emotional well-being. It's important to note that each case is unique, and outcomes can vary widely from person to person.
What medical care can help with a brain injury?
Medical care for brain injuries varies greatly depending on the severity of the injury. For mild injuries, an urgent care visit and at-home care could be enough. In cases of moderate to severe injuries, emergency treatment focuses on stabilizing the patient, ensuring the brain gets adequate oxygen, and preventing further injury. Rehabilitation plays a crucial role in the recovery process and may involve physical, occupational, and speech therapy, as well as psychiatric care and social support.
Do brain injury cases go to court?
While brain injury cases can go to court, the majority are resolved through settlements without a trial. This is largely due to the time, expense, and uncertainty involved in litigation. Both parties often prefer to negotiate a settlement that reflects the strength of the injured party's case and the amount of insurance coverage available. However, if a fair settlement cannot be reached, the case may proceed to court. An attorney can't guarantee that a case will settle, too.
