The most frequent brain injury type is a concussion. Concussions are traumatic brain injuries (TBIs) that can have minor to major effects on the victim.
In Kansas City, victims involved in accidents that lead to concussions could have personal injury claims against the at-fault parties. Missouri and Kansas have civil justice systems that encourage injured victims to seek financial recovery from negligent and reckless parties. You may qualify for compensation if you or your lawyer files a concussion claim against someone in Kansas City.
Grounds for a Concussion Claim
To have grounds to file most types of personal injury lawsuits in Kansas City, you must have four main elements. First, the party that allegedly caused your concussion (the defendant) must have had a duty to exercise reasonable care. A sports coach, for example, may have a duty to ensure the safety of football players during games and practices. Second, the defendant must have failed to meet his or her duties of care, such as the coach in the example negligently allowing players to practice without wearing helmets.
The third element is the causation. The defendant must have caused your concussion through his or her breach of duty of care. You or your lawyer will need to demonstrate a causal link between the defendant’s negligent action or omission and your head injury. Finally, you must have suffered compensable damages because of the defendant’s actions. Even if you suffered a concussion and can prove your injury, you may not be eligible for compensation if the injury did not cause compensable damages. If you did not need medical care for a minor concussion, for example, you may not have grounds for a lawsuit.
Proving a Concussion
One of the most important aspects of a concussion lawsuit is proving the existence and extent of the traumatic brain injury. You may need medical records, test results and testimony from a medical expert to prove the nature of your injury before a judge or jury in Kansas City. The doctor that diagnosed you with a concussion, for example, may need to act as an expert witness in your case. A lawyer could help you collect evidence and prove your injury claim.
- Symptoms such as dizziness, headache, vomiting, mood swings and loss of consciousness
- Physical examinations, including reflex and memory tests
- Cognitive assessment tests or neurovestibular exams
- Imaging tests, including CT and MRI scans of the brain and skull
- A physician’s observations and professional medical opinions
- Bills for concussion treatments, including rehabilitative therapies and pain relievers
If you did not visit a doctor for an official concussion diagnosis, it could be very difficult to prove your case. Medical records can provide strong evidence to establish the existence of a concussion after a car accident, fall, sports impact or violent crime. Lack of medical proof of a concussion could cause your case to fall apart. Working with a lawyer is the best way to strengthen your concussion claim in these cases.
Compensation for a Concussion in Kansas City
Serious TBIs are the main cause of unintentional injury death. An average of 155 people dies from TBIs each day in the U.S., according to the Centers for Disease Control and Prevention.
A successful concussion injury claim in Kansas City could result in financial recovery from the party that caused the TBI. Recovery may include payments to reimburse money spent on doctor’s appointments and medical treatments, as well as out-of-pocket costs such as filing fees and lost income. If you suffered intangible losses because of a concussion, you may also be able to file for pain and suffering damages. You or your physician’s testimony could help prove physical pain and/or emotional suffering from the brain injury. In general, serious concussions will result in greater compensation than minor ones in Kansas City.