Dedicated Legal Representation Focused On You

Can I Seek Compensation For Cognitive Impairments Or Emotional Distress Resulting From A Traumatic Brain Injury?

A traumatic brain injury can have a profound impact on a person’s life. Beyond the immediate pain and physical consequences, the lasting cognitive impairments and emotional distress can forever alter daily life.

For traumatic brain injury victims, it’s essential to contact a Kansas City traumatic brain injury lawyer to get the compensation needed to recover from this type of devastating injury.

Traumatic Brain Injuries And Their Consequences

The Nature Of A Traumatic Brain Injury

A traumatic brain injury (TBI) typically results from a violent blow or jolt to the head, causing brain trauma. This damage can range from mild concussions (often referred to as mild TBI) to severe traumatic brain injuries.

The severity of the brain injury can influence the extent of the cognitive impairments, with more serious injuries naturally leading to more pronounced cognitive dysfunction. Talk to a Kansas City traumatic brain injury attorney right away after a severe traumatic brain injury to find out what financial compensation you may be able to recover.

Effects On Daily Life

The aftermath of a traumatic brain injury has long-term consequences. Beyond the initial physical pain, traumatic brain injuries can lead to memory loss, disruption in cognitive functions and permanent disability.

Such cognitive impairments can challenge a victim’s ability to carry out tasks of daily living, compromising their quality of life, interfere with their ability to work and even compromise the most important of personal relationships. Compensation should take all of this into account and provide a remedy.

Recovery

Recovery from a traumatic brain injury often requires extensive and expensive physical therapy, cognitive training and other specialized treatments are almost always needed if a victim is to recover some semblance of normalcy. While these treatments can be effective, they also often come with hefty price tags, and getting adequate compensation to cover them is crucial.

Beyond medical interventions, the support of loved ones and specialized support groups can be invaluable for traumatic brain injury victims. Emotional recovery is a journey, and having a robust support system can make all the difference. However, as with physical therapy and other medical treatments, paying for these needed support systems isn’t always possible without fair compensation from the negligent party.

The Emotional Toll

Brain injury victims frequently encounter emotional distress. This distress isn’t merely a fleeting response; it’s a profound and often lingering sentiment that can include feelings of frustration, sadness and emotional pain. For many, the effects of a head injury can be as emotionally taxing as they are physically painful. Compensation also takes pain and suffering into account.

Seeking Compensation For Damages

Medical Expenses And Ongoing Care

Brain injury cases typically involve significant medical expenses. From the initial medical treatment to ongoing care like physical therapy, the costs can accumulate. These medical bills can be exacerbated if the brain injury leads to a permanent disability. Victims should be compensated for all medical expenses, including both past and future costs.

Lost Wages And Impacted Earning Potential

Many who suffer a traumatic brain injury lose wages due to their inability to return to work immediately. They may also lose out on opportunities for overtime or promotions, and the severity of the brain injury might even hinder their future earning potential, creating a compounded financial strain. A Kansas City traumatic brain injury lawyer can help you calculate what you’ve lost after a head injury so you know what lost wages and other related damages to seek compensation for.

Emotional Distress And Pain, And Suffering

While the financial toll is usually easy to prove with bills and bank statements, victims of traumatic brain injuries also face intangible losses. The emotional pain and suffering, coupled with cognitive impairments, can make life challenging in ways that no one but the victim, their family and their personal injury attorney really grasp.

This emotional distress, alongside the physical pain, forms a significant part of the compensation claim, and a skilled personal injury attorney can help you prove the extent of your emotional suffering after a head injury so you can be properly compensated.

Choosing The Right Kansas City Traumatic Brain Injury Attorney

In traumatic brain injury cases, having an experienced lawyer by your side is more crucial than ever. At Holman Schiavone, LLC, our legal team has handled many traumatic brain injury (TBI) claims, and we’re committed to helping victims hold the at fault party accountable for medical bills, pain and suffering, and other damages after an accident. Doing so involves a few steps.

Establishing Fault

For a successful personal injury claim, it’s crucial to prove that a negligent party caused the accident. Whether it’s negligent actions in a car accident or a case of medical malpractice, establishing fault is a critical step and not always easy and clear-cut, especially for the layperson.

Helping You Understand Claims And Your Legal Rights

Every victim has the right to seek compensation for both tangible and noneconomic damages they’ve endured. This includes medical bills, lost income, pain and suffering, and emotional distress. After an accident, it can be hard to cut through the noise of the legal process and understand what you’re entitled to and what to do next. We can help you work through the details and get the financial compensation you need to move on.

Dealing With Insurance Companies

Often, an insurance company offers victims accident settlements that do not adequately cover the past and future costs associated with traumatic brain injuries. An experienced personal injury attorney can ensure you receive fair compensation and go to bat against the insurance company and their lawyers.

Maximizing Compensation Potential

A knowledgeable Kansas City traumatic brain injury lawyer knows all about maximizing compensation. From lost wages to compensation for future appropriate treatment according to your doctor’s treatment plan, every aspect needs to be evaluated and considered. For victims with severe TBI or catastrophic injuries resulting in permanent damage, the compensation stakes are high. You must have legal representation that can fiercely advocate for maximum compensation.

While every personal injury case is unique, several factors influence the amount of compensation a traumatic brain injury victim can secure. This includes the severity of the brain injury, the impact on the victim’s life, and the degree of negligence attributable to the at-fault party.

Potential Challenges And Overcoming Them

Proving Severity And Long-Term Effects

One of the challenges in traumatic brain injury cases is demonstrating the severity of the injury and its long-term implications. Symptoms might not always be immediately apparent, making it crucial for victims to maintain detailed medical records and undergo regular check-ups to document the progression of traumatic brain injury symptoms.

Establishing Negligence

To ensure a successful compensation claim, victims must establish that the negligent actions of another party caused the injury. Whether it’s an at-fault driver in an accident or medical malpractice in a hospital setting, pinning down the negligence is vital. Negligent parties will typically attempt to minimize their liability, and a skilled lawyer is needed to conduct a thorough investigation and counter arguments by the defense.

Negotiating Fair Settlements

Insurance companies often aim to minimize payouts, and this can result in initial offers that barely scratch the surface of a victim’s true needs, especially considering future medical expenses and emotional pain. An experienced personal injury lawyer has the skills to negotiate with insurance companies effectively, ensuring that victims receive the compensation they deserve.

Get A Free Case Review And Get On the Path to Full Recovery

At Holman Schiavone, LLC, we’re committed to helping TBI victims get the compensation they need and deserve. We understand the profound changes a brain injury can bring to your life, from brain damage to emotional upheaval to pain and disruption to daily life and your future.

Talk to us today at 816-399-5149 to set up a free consultation and case review if you’ve suffered due to another’s negligence. This free consultation allows us to understand your situation, give you the best advice for what to do next, and get you on the path to a full recovery.