Who's At Fault for a Brain Injury Often Depends on How the Brain Injury Occurred

Liability for a Brain Injury May Depend on How the Injury Occurred

Brain injuries are an increasingly common type of accident injury in Missouri and Kansas. Some brain injuries result in debilitating conditions that prevent individuals from returning to work or normal daily activities. If an accident caused you to suffer a brain injury, you might be entitled to compensation for your damages and losses. A Kansas City brain injury attorney can help you pursue a personal injury claim against the party or parties responsible for causing your injury.

What Types of Accidents or Incidents Result in Brain Injuries?

Brain injuries can range from mild concussions to traumatic brain injuries (TBIs). A person who suffers a mild concussion usually recovers within a few weeks without much medical intervention. However, if you sustained a previous concussion, another concussion could result in a more serious condition and increase your risk of developing degenerative brain diseases, such as Parkinson’s disease, Alzheimer’s disease, or dementia. 

Brain injuries can result from a variety of accidents or injuries. Some of the common causes of brain injuries include:

• Motor vehicle accidents, including car accidents, truck accidents, and motorcycle accidents
• Pedestrian accidents
• Accidents involving defective products
• Bicycle accidents
• Slips and falls
• Sports activities and recreational activities
• Nursing home abuse
• Assaults and violence
• Shaken baby syndrome
• Penetrating head wounds

You do not need to hit your head on an object to sustain a brain injury. For example, a closed head injury can occur in a rear-end car crash when your head is whipped back and forth. Your brain moves around within your skull striking the hard portions of the skull, causing damage to the brain tissue in multiple areas. 

Symptoms of Brain Injuries in Adults and Children

Because a brain injury can result in serious impairments and conditions, it is important to know the symptoms of a brain injury so that you can seek immediate medical attention. In most cases, it is wise to be evaluated by a medical professional after an accident to determine if you may have sustained a brain injury. A medical examination is the only way to determine whether you sustained a head injury and determine the extent of the injury to your brain.

Common symptoms of brain injuries include:

• Physical symptoms, including headaches, vomiting, loss of consciousness, fatigue, nausea, speech problems, sleeping problems, dizziness, or loss of balance
• Sensory problems, including ringing in the ears, blurred vision, and sensitivity to light or sound
• Memory problems or problems concentrating
• Changes in mood or feeling anxious or depressed
• Seizures or convulsions
• Weaknesses in the limbs or extremities
• Inability to awaken from sleep

Children may also experience other symptoms such as persistent crying, change in eating habits, loss of interest in favorite activities, and changes in the ability to pay attention. 

If you have any symptoms or just “feel off” after a blow to the head or an accident, it is best to seek immediate medical attention. Even a mild brain injury can have serious consequences if it is not diagnosed and treated.

If you are unsure as to whether you or a loved on suffered a brain injury, you should download a free copy of our brain injury checklist, which walks you through the common symptoms and signs of brain injuries.

Elements Required to Prove a Brain Injury Claim

If you sustain a brain injury in an accident or because of another party’s actions, you might be entitled to compensation for your damages. In most personal injury claims, you must prove the four elements of negligence before you can recover compensation for a brain injury. 

The elements of a negligence claim are:

• Duty — The party owed you a duty of care. For instance, drivers owe others on the road a duty to operate a motor vehicle safely to avoid accidents. Doctors owe patients a duty of care to provide care that meets the acceptable standard of care. Property owners owe a duty of care to visitors to provide safe premises. 
• Breach of Duty — The party breached the duty of care owed to you. For example, a driver failed to yield the right of way and caused an accident. A property owner knew about a dangerous condition but failed to warn you or correct the condition. A manufacturer failed to include sufficient warnings for a product.
• Causation — The breach of duty was a direct and proximate cause of your injury. In other words, because of the party’s actions or inactions, you were injured.
• Damages — You sustained damages and losses as a result of your injury.

Proving the legal elements of negligence can be difficult, especially when the case involves a brain injury. A thorough investigation into the circumstances of the accident and injury is required to determine the exact cause of the accident and identify the party or parties responsible for each factor that led to your injury. In some cases, various experts are required to assist in the investigation to prove that a party’s actions directly led to your brain injury. 

It is important to consult a Kansas City brain injury attorney as soon as possible to discuss your legal rights and the steps necessary to pursue compensation for a brain injury. Brain injuries may result in a lifetime of medical expenses, personal care, and lost wages. It is crucial that you have competent, experienced legal counsel fighting for maximum compensation to provide you with the financial resources you need to care for yourself and your family after a brain injury. 

Contact a Kansas City Brain Injury Attorney for More Information 

Contact The Law Office of Kevin J. McManus by calling 816-203-0143 for a free consultation with a Kansas City personal injury lawyer. Learn more about brain injury claims and how an attorney can help you from a trusted legal advocate in Missouri and Kansas.