Traumatic Brain Injury Attorneys in Overland Park
Skilled Representation for Brain Injuries in Kansas City
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.
If your life has changed due to a brain injury, yours or a loved one’s, call (816) 597-4556 to talk to the Overland Park 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.
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 Overland Park 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
- Truck accidents
- Motorcycle accidents
- ATV accidents
- Bicycle accidents
- Construction accidents
- Slip-and-fall accidents
- Product defects
- Medical malpractice
- Nursing home abuse and neglect
- And more
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 Overland Park 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.
- Heirship Dispute
- Nursing Home Elopement
- Nursing Home Elopement
- Motor Vehicle Collision
Call the Law Office of Tom Wagstaff Jr. Today
At the Law Office of Tom Wagstaff Jr., our experienced Overland Park 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.
“He worked hard on our behalf and we reached a positive conclusion.” - Lori D.
“Tom gives lawyers a good name.” - Donna J.
“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.