After a crash, how can we prove I have a Traumatic Brain Injury and hold someone accountable for their fault?
In an instant, a vehicle crash can change your life. You may suddenly go from a happy, active person to someone who fights to recover your former life.
If you suffer a loss of any sense: smell, sight, taste, hearing, feeling, or you have headaches or are forgetful, you may have a traumatic brain injury. It does not take a blow to the head or loss of consciousness to diagnose a traumatic brain injury. We can help you get the evaluation and care you need. We have handled thousands of claims, and hundreds of traumatic brain injury cases.
A traumatic brain injury (TBI) can cause problems with thinking, understanding, moving, and communicating. Such an injury can also change your behavior and personality, making you more irritable. A TBI can result in short-term issues, and even mild injuries may have lifelong consequences. A mild or severe one can lead to permanent brain damage and even death.
If you have been involved in a car crash and think you may have sustained a TBI, you may be concerned about your future, keeping your job, and your health insurance. Who pays first or at all? Car insurance, PIP, Medicare or health insurance? A TBI can result in extensive medical and rehabilitation costs, as well as lost wages. In fact, the lifetime cost of a TBI can be hundreds of thousands or even millions of dollars.
If you think someone caused you to suffer a brain or any serious injury, then you should look into a claim for negligence. We can evaluate your claim and try to help you recover compensation for the losses and injuries you have. We want the person who harmed you to be held responsible. That is what we do. We use our experience and talent to prove that any party who caused your injury should be held accountable. Here is a look at what we need to do.
Establish Negligence
To succeed in a personal injury lawsuit, you must prove:
- Duty of care. The defendant owed you a legal duty to act responsibly (e.g., other drivers must follow traffic laws).
- Breach of duty. The defendant violated that duty through actions like speeding, driving under the influence, or distracted driving.
- Causation. The breach of duty directly caused the accident and your TBI.
- Damages. You suffered actual harm, such as medical expenses, lost wages, or pain and suffering.
Prove Your TBI
We will need medical records, expert testimony, and evidence to prove a permanent brain injury and how it has changed your life. This can include:
- Hospital reports and diagnostic tests like MRIs, CT scans, DTI or QSpect imaging
- Testimony from your family or treating doctors, or hired neurologists, neuropsychologists, concussion specialists or even physiatrists.
- Documentation of cognitive, emotional, or physical impairments caused by the TBI.
File Within the Time Limits
Personal injury claims are subject to statutes of limitations, which vary by state. In Kansas, you usually have two years from the date of the vehicle crash to file a claim. You have only a year if someone tried to hurt you. Exceptions exist, for minors and incompetents. Any delay may result in lost evidence, witnesses or missing a statute of limitations. Filing after this period may prevent you from recovering damages.
Know What Insurance May Cover
In most cases, we will pursue compensation through an insurance policy, such as the other driver's liability insurance, your uninsured motorist coverage, or medical payment coverage before filing a lawsuit. We know who should pay first, who will not pay, and who must be repaid. Let us figure that out.
Consult an Attorney
Hiring an experienced personal injury attorney can significantly improve your chances of securing full compensation. They can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Contact Our Kansas Personal Injury Attorney
A car accident can result in a variety of injuries, including TBIs. If someone else caused your injuries, let’s hold them responsible and get you fully compensated.
Don’t handle this alone. We have the most experience in this area of injury practice and this area of the state. The Salina brain injury attorneys at Neustrom & Associates are here to help. Our trusted attorneys have experience handling brain injury cases. When a brain injury has turned your life upside down, count on us to turn your life around. Schedule a consultation today by calling (785) 825-1505.