A brain injury can change your life in an instant. The impact can be overwhelming – physically, emotionally, and financially. If someone else’s negligence led to your injury in Kansas City, MO, you may be entitled to compensation. Call our office at (816) 323-0955 to schedule a complimentary consultation with a Kansas City brain injury lawyer.
At Cohen Law Firm, we are committed to helping brain injury survivors get the care and compensation they need to move forward. We will help you explore your legal options and fight for the justice you deserve.
Why Choose Cohen Law Firm for Help After a Brain Injury in Kansas City, Missouri?
We know how scary and uncertain life can feel after a brain injury. At Cohen Law Firm, we don’t just see a case: we see a person who needs support, answers, and a path forward.
Our Kansas City personal injury lawyers have seven years of combined experience. Managing attorney Zach Cohen has been honored twice as a Top 10 Personal Injury Attorney Under 40 by NAOPIA. He has recovered tens of millions for clients, and he brings that same determination to every injury case we handle.
We’re here to help you build a strong case and fight for the care and compensation you need to move forward. Call our office today for a free initial consultation with a Kansas City personal injury attorney to talk about what happened to you and how we can help.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) refers to trauma that affects brain function. It can happen after a hard hit to the head or violent movement that causes the brain to hit the inside of the skull.
A TBI can cause bleeding inside the skull as well as swelling and inflammation. Damaged vessels and increasing pressure reduce the brain’s blood supply. Without enough oxygen and nutrients, brain cells start to die. The damage can happen right away or get worse over time.
Brain injuries also trigger the release of neurotransmitters, which affect brain function. The more severe the injury, the greater the risk of a secondary brain injury. This happens when cellular, vascular, and chemical changes cause further brain damage in the hours or days after the initial injury. Prompt treatment is crucial to prevent or reverse this potentially life-threatening secondary damage.
A TBI can affect thinking, memory, behavior, impulse control, emotional regulation, movement, and sensory processing. The effects may be mild and temporary – or permanent and disabling.
Types of Traumatic Brain Injuries
A brain injury can also be categorized as focal (localized damage in a specific area) or diffuse, which is widespread with microscopic damage or many scattered lesions. While a TBI may be considered mostly diffuse or focal, most have components of both.
Focal injuries include:
- Contusion or bruising of the brain tissue
- Hematoma, a localized collection of blood from a damaged vessel
- Intracerebral hemorrhage (ICH), a type of stroke that causes dangerous bleeding within the brain tissue
- Penetrating injuries, which happen when a foreign object, like a bullet, enters the brain through the skull
Diffuse or traumatic axonal injury (TAI) is one of the most serious types of TBI. It affects mostly the brain’s white matter. TAI causes malfunction or disconnection of the synapses, which connect neurons into large networks that process and transmit information.
What Is My Brain Injury Case Worth?
Each brain injury case is different, but the following may impact what yours is worth:
- The severity of your brain injury
- Whether you are partially at fault
- Insurance policy limits
- The amount of time you miss from work
- How your life is impacted by the injury
Our skilled legal team can assess what your case may be worth and help you pursue the full compensation you deserve.
What Are the Leading Causes of Brain Injuries in Kansas City, Missouri?
According to the Brain Injury Association of Missouri, there are more than 16,000 TBIs in the state every year. The most common causes of traumatic brain injuries vary by age group.
For children under five, assault is the leading cause of TBI. Slip and fall accidents are the main cause of brain injury in young children and seniors 65 and older. About 20% of TBIs in children happen during sports. Among young adults and adolescents, car accidents and other motor vehicle accidents are the leading cause of TBI after self-inflicted gunshots.
Overall, the main causes of TBI are:
- Falls from heights or the same level: 48%
- Struck by or against an object: 17%
- Motor vehicle accidents: 13%
- Assault: 8%
- Recreation and sports: 10%
Many traumatic brain injuries involve workplace accidents. About one-quarter of work-related deaths are caused by TBIs. Certain industries, like construction and transportation, are at the highest risk.
What Compensation Can I Receive After a Brain Injury in Kansas City, MO?
If someone else caused your injury, you have the right to seek economic and non-economic damages.
In Kansas City, economic damages may cover financial losses like:
- Medical expenses like hospital stays, emergency care, medications, and future medical needs
- Income you’ve lost from missing work
- Future loss of income if you can’t return to work
- Physical therapy, rehab, and psychological counseling
- Out-of-pocket costs like in-home care, replacement services, assistive devices, and home modifications
You can also recover damages for non-economic or personal losses. These losses include physical pain and suffering, emotional and psychological distress, loss of enjoyment of life, and disfigurement.
In limited cases that go to trial, punitive damages may be awarded if the other party acted with disregard for your life and safety or caused intentional harm.
A brain injury can affect every part of your life, from your health and job to your relationships and your future. While no amount of money can undo the injury you have suffered, compensation can support your medical care and long-term stability. This can help you preserve your quality of life, health, and financial security.
Can I Still Recover Money if I Share Blame for My Brain Injury in Missouri?
Yes, you can. Missouri uses a pure comparative fault system. Under this rule, even when you are 99% responsible for the accident, you can still recover 1% of your total damages from the other party.
The insurance company or court assigns a percentage of fault to each party based on their actions. Your total award will then be reduced by your share of responsibility.
Everyone makes mistakes. What matters is that someone else also contributed to your injury. An experienced lawyer can help make sure blame is fairly assigned and fight for the maximum amount you deserve.
How Much Does It Cost to Hire a Brain Injury Lawyer?
Most brain injury lawyers in Kansas City take cases on a contingency fee basis. This fee arrangement allows you to hire excellent legal representation without having to pay attorney’s fees up front. Instead, your attorney will receive an agreed-upon percentage of the compensation you win through a settlement or trial award. If you lose your case, you are not required to pay the attorney’s fees.
What Is the Deadline to File a Brain Injury Lawsuit in Missouri?
Missouri gives you five years from the date of the injury to take legal action for a traumatic brain injury. This statute of limitations applies to most personal injury cases, but some cases have a shorter deadline.
If your TBI was caused by assault (intentional tort), you have just two years to bring a claim. Medical malpractice cases usually have a two-year deadline, but certain scenarios can extend this limit.
It’s critical to take action as soon as possible to protect your legal right to seek compensation. If you miss the deadline that applies to your case, you lose your ability to hold the other party accountable and recover the money you deserve. An attorney can protect your rights and help you gather important evidence before it’s lost.
How Can a Brain Injury Lawyer Help With My Case?
Here’s how a legal team can help you after a serious brain injury in Kansas City, Missouri:
- Investigate how your brain injury happened and who may be at fault
- Collect medical records, expert opinions, and other crucial evidence
- Calculate the total value of your losses, including future damages and medical needs
- Handle all communications and defend against attempts to undervalue your claim or blame you
- Negotiate a settlement that fairly compensates you and considers your future needs
- When necessary, file a lawsuit and prepare your case for trial
We’re here to listen, explain your rights, and stand by you every step of the way.
Schedule a Free Consultation With Our Kansas City Brain Injury Lawyers
Have you or someone you love suffered a serious brain injury in Kansas City, MO? Cohen Law Firm is here to listen, support you, and help you recover maximum compensation.
Contact us to schedule your free initial consultation with a Kansas City brain injury attorney. We’ll help you understand your rights and explore your options.