Leawood Brain Injury Lawyer

Common Causes of Brain Injuries

If you suffered a brain injury because of someone else’s negligence, you have the right to pursue a legal claim. Here are some of the most common causes of brain injuries.

• Car accidents: Car accidents can result in a wide range of injuries, including brain injuries. During a vehicle crash, your head could hit the glass, steering wheel, or other objects. You may also suffer a brain injury if your head jerks back and forth abruptly. Not everyone notices symptoms of a brain injury immediately after a car accident, so it’s important to seek medical treatment promptly.
• Medical malpractice: Believe it or not, brain injuries can also occur under a medical professional’s care. For example, if anesthesia isn’t administered properly before surgery, the patient’s brain may get deprived of oxygen. If the doctor doesn’t catch the error in time, brain damage may be permanent.
• Slip and fall accidents: Slip and fall accidents can occur in many settings, from grocery stores to parking lots, and can result in brain injuries if people hit their heads.

Why You Need a Lawyer for a Brain Injury

If you’re dealing with a brain injury, it’s in your best interest to hire a brain injury lawyer in Leawood, KS. Here are a few reasons why you should retain one:

• Mild brain injuries can still result in extensive medical bills: Even if you suffer a mild brain injury, you may still require long-term medical care, which can get very expensive. With a skilled lawyer on your side, you’re more likely to get the compensation you deserve.
• Insurance companies may try to take advantage of you: After you’ve suffered a brain injury, the negligent party’s insurance company knows that you’re very distraught and may try to take advantage of it. They may try to convince you to take a low settlement offer. An experienced lawyer won’t let the insurance company take advantage of you like this.

If you have endured a brain injury because of someone else’s carelessness, you should schedule a consultation with a brain injury lawyer in Leawood, KS to discuss your case in detail.

What is a Brain Injury Attorney

Brain injuries are a serious matter, and they can have devastating effects on your ability to live a normal life. If you or someone you love has suffered from a brain injury, you may be entitled to compensation for medical bills and damages.

A brain injury lawyer Leawood, KS can help you file an injury claim against the party responsible for causing your traumatic brain injury. He or she will investigate the incident and determine who is liable for your injuries. They can also help you understand your legal rights and present your case in court if necessary.

Common Types of Brain Injuries

There are many different types of brain injuries, ranging from mild concussions to severe traumatic brain injuries (TBIs). Commonly diagnosed types of TBI include:

Concussion

A concussion is a mild TBI that can occur after a blow to the head or body, such as during a car accident or fall. Concussions usually cause temporary loss of consciousness and confusion, but other symptoms may include headaches, nausea and sensitivity to light and sound. There are two different types of concussion: mild and moderate-to-severe.

A Leawood brain injury attorney can help you if you have been injured in a traumatic accident or incident.

Moderate-to-Severe Concussion

A mild concussion is diagnosed when a person loses consciousness for less than 30 minutes, and there are no other symptoms besides confusion. A moderate-to-severe concussion usually causes loss of consciousness for more than 30 minutes, but still doesn’t cause any additional symptoms besides confusion.

Severe Concussion

Severe concussion can cause loss of consciousness for at least 5 minutes, and it usually causes additional symptoms such as vomiting and headaches. There is also a chance that someone with this type of concussion may have long-term symptoms such as memory loss or difficulties in concentration.

Causes of Brain Injuries

Brain injuries can be devastating. They can leave people with lifelong disabilities and impairments that affect every aspect of their lives. The effects of a brain injury can be physical, emotional, cognitive, and behavioral. There are many types of brain injuries, including traumatic brain injury (TBI), which is caused by an outside force such as a car accident or fall; closed head injury, which involves damage to the brain from an internal source such as a stroke; and concussion, which involves temporary loss of consciousness or memory after impact to the head.

Brain injuries cause both short-term and long-term problems that can affect every aspect of life. The most common long-term effects of brain injury include:

• Memory loss
• Difficulty speaking or understanding language clearly
• Difficulty controlling emotions/behavior
• Changes in personality/behavior

If you have been injured in an accident or incident that resulted in a traumatic brain injury, it is important that you meet with a brain injury attorney as soon as possible to discuss your case.

Brain injuries can occur after being struck by an object or falling from heights; however, there are many other causes of traumatic brain injuries including car accidents, slip-and-fall accidents and more. If you suspect that someone else’s negligence caused your traumatic brain injury, speak to a Leawood brain Injury lawyer from the Law Office of Daniel E. Stuart, P.A about filing a lawsuit against them for compensation.

The Challenge Of Proving Invisible Symptoms In Court

Invisible symptoms can seriously impact your life, but your brain injury lawyer can help you pick up the pieces. At the Law Office of Daniel E. Stuart, P.A., we have over 57 years of experience with cases just like yours. Here are crucial considerations for proving invisible symptoms:

1. Detailed Medical Documentation

Medical records are the cornerstone of proving invisible symptoms. It’s essential that you have comprehensive documentation that reflects your diagnoses, treatments, and responses to treatments, as well as detailed notes from your healthcare providers about your reported symptoms and their impact on your daily life.

2. Medical Testimony

Professional witnesses, such as doctors and medical specialists can explain the medical theories behind your symptoms, the expected impact of such symptoms, and why they are genuine and significant. 

3. Personal Documentation

Keeping a daily journal can provide a detailed account of your day-to-day struggles with invisible symptoms. Document how your symptoms affect your ability to work, interact with others, perform daily tasks, and overall quality of life. This personal narrative can be powerful in painting a vivid picture of your challenges.

4. Witness Testimony

Statements from family, friends, and coworkers who can corroborate your experiences and the changes they have observed in you can bolster your case. These testimonials can provide tangible insights into the impact of your invisible symptoms, offering the court a closer look at your everyday realities.

5. Utilizing Psychological Evaluations

When symptoms involve psychological components such as anxiety, depression, or post-traumatic stress disorder, psychological evaluations and testimony from mental health professionals are invaluable. They can provide an authoritative perspective on how such conditions manifest and validate your mental and emotional experience.

6. Visual Aids And Demonstrative Evidence

Using charts, diagrams, and other visual aids to illustrate how your symptoms affect various aspects of your life can be very effective. Such evidence can help make abstract symptoms more tangible and understandable for a jury or judge.

7. Functional Capacity Evaluations

This type of evaluation can assess your ability to perform work-related tasks. The results can clearly demonstrate the physical limitations caused by your symptoms, providing concrete evidence to support your claims.

8. Consistency Of Statements

Consistency in your descriptions of your symptoms across different times and to different audiences (medical providers, your legal team, during testimony) is crucial. Inconsistencies can undermine your credibility and thus weaken your case.

9. Legal Strategy And Preparation

Developing a strong legal strategy that anticipates potential skepticism and prepares for challenges can make a significant difference. Your brain injury attorney can help prepare you for what to expect, especially in how to effectively communicate your symptoms during testimony.

10. Settlement Negotiations

Sometimes, the best approach might be to negotiate a settlement that acknowledges the severity of your symptoms without the need for a full court trial. Your legal team can gauge this based on the evidence and the likelihood of a sympathetic and fair judgment, aiming to secure a resolution that respects the severity of your condition.

Contact Us Today

Proving invisible symptoms in court is difficult, but not impossible. At the Law Office of Daniel E. Stuart, P.A., we’re ready to help you move forward with your case. Get in touch with us today, and see what a brain injury lawyer from our office can do for you.

Leawood Frequently Asked Questions Regarding Types Of Damages In Brain Injury Cases

When seeking compensation after a brain injury due to an accident, it’s important to understand the various damages that can be claimed. This can feel overwhelming, but having clarity about the types of damages that apply to brain injury cases is crucial for ensuring victims receive fair compensation. As a Leawood, KS brain injury lawyer would agree, focusing on these essential questions is key to managing the process.

What Are The Different Types Of Damages In A Brain Injury Case?

In a brain injury case, damages typically fall into two categories: economic and non-economic. Economic damages include measurable financial losses such as medical bills, lost wages, and future care expenses. These are the tangible costs that can be directly linked to the injury. Non-economic damages cover the more subjective losses, like pain and suffering, emotional distress, and loss of enjoyment of life. These damages address the impact the injury has on the victim’s overall quality of life.

Can I Recover Medical Expenses For A Brain Injury Claim?

Yes, medical expenses are one of the primary types of compensation sought in brain injury cases. These costs can include hospital bills, rehabilitation, medications, and any necessary therapy related to the injury. Medical expenses often continue long after the initial treatment, so it’s important to factor in the possibility of ongoing care when seeking compensation. Proper documentation of all related medical costs will play a significant role in determining the amount of compensation.

How Do Future Medical Costs Factor Into Brain Injury Compensation?

Medical costs are often costly, and it will be important to factor in future medical costs as part of the brain injury claim, especially when long-term care is required. Compensation for future medical expenses covers anticipated treatments, rehabilitation, and any potential surgeries. Brain injuries can lead to ongoing physical, cognitive, and emotional challenges that require extended care, and this is where future medical costs are addressed. A Leawood brain injury lawyer would look closely at medical evaluations to determine the expected future needs, ensuring that these costs are included in the settlement or court award.

What Is Considered Lost Wages In A Brain Injury Case?

Lost wages refer to the income a victim would have earned if the injury had not occurred. This can include the actual time missed from work during recovery, as well as any impact on future earning capacity. For example, if someone is unable to return to their previous job due to the brain injury, or if they can only work reduced hours, lost wages compensation would account for these changes. This type of damage is especially important for those who have experienced severe injuries that affect their ability to earn in the long term.

Can I Receive Compensation For Emotional Distress Due To A Brain Injury?

Yes, emotional distress is a type of non-economic damage that can be compensated in brain injury cases. The mental and emotional toll that a brain injury takes on a person can be significant, affecting their relationships, daily life, and mental health. Compensation for emotional distress addresses these challenges, ensuring that the victim’s suffering is acknowledged in the claim. Emotional distress damages can also cover conditions like anxiety, depression, or trauma that develop as a result of the injury.

Seeking Compensation For Brain Injury Damages

Medical costs, lost wages, and emotional distress are just a few of the types of damages that can be recovered. However, when pursuing compensation for a brain injury, it’s important to have a comprehensive understanding of all damages that may be available. These damages are key to helping victims regain some stability after such a life-altering event. If you or someone you love is dealing with the effects of a brain injury, working with experienced legal support can make all the difference. Since 1994, the Law Office of Daniel E. Stuart, P.A. have been protecting the interests of our clients, and can help you understand your options and fight for the compensation you deserve. Contact our Leawood brain injury lawyer 24/7 to get the guidance you need for your case.