KANSAS BRAIN INJURY CLAIMS

A traumatic brain injury (TBI) occurs when an external force damages the brain. TBIs can happen in many different situations, including car accidents, falls, sports and recreational accidents, workplace incidents, and violent assaults. These injuries can range from mild concussions to severe brain trauma that causes permanent disability or death. Traumatic brain injuries are generally grouped into three categories:

Mild TBI (Concussion)

Concussions are the most common type of TBI. A person may briefly lose consciousness or remain conscious throughout the incident. Symptoms can include headaches, dizziness, confusion, nausea, irritability, sensitivity to light, and difficulty concentrating. In some cases, symptoms may not appear immediately after the injury.

Moderate TBI

A moderate traumatic brain injury may involve a longer loss of consciousness along with symptoms such as severe confusion, memory problems, and difficulty with coordination or speech.

Severe TBI

Severe traumatic brain injuries can result in long-term or permanent brain damage. Extended loss of consciousness or coma is common, and victims may experience major cognitive, physical, and emotional impairments.

Symptoms of a traumatic brain injury often depend on the severity of the injury and the part of the brain affected. Common symptoms may include headaches, memory loss, mood changes, dizziness, trouble concentrating, blurred vision, and ringing in the ears.

Traumatic brain injuries can have lasting effects on a person’s cognitive abilities, motor skills, emotions, and personality. Treatment typically begins with emergency medical care to stabilize the injury, followed by rehabilitation and therapy designed to help the person recover function and adjust to long-term challenges.

If you believe that you are exhibiting any symptoms following a trauma in Kansas, it’s important to take immediate action to ensure your health and safety. Here’s what you should do:

Seek Medical Attention Right Away

Even if symptoms seem mild or develop later, you should see a doctor as soon as possible. A healthcare professional can assess your condition and order necessary tests, such as a CT scan or MRI, to diagnose the injury accurately. Delaying care can result in complications or worsen the injury.

Monitor Your Symptoms

Monitor and document any symptoms you experience, such as headaches, dizziness, confusion, nausea, blurred vision, memory issues, or mood changes. Keep in mind that symptoms may not appear right away and can become more severe over time.

Rest and Recover

Give your brain time to heal by getting plenty of rest. This includes both physical rest (avoiding activities like exercise) and mental rest (limiting screen time and activities that require focus, like reading or working).

Follow Up With Your Doctor

Following your initial evaluation, continuing medical care and attending follow-up appointments are important. Because traumatic brain injuries may involve long-term complications, regular check-ups can help ensure proper treatment and recovery.

Contact Morgan & Morgan

If the brain injury was the result of an accident that wasn’t your fault, it might be a good idea to consult with a personal injury lawyer. They can help determine if you are entitled to compensation for medical bills, lost wages, and pain and suffering.

Morgan & Morgan handles a variety of traumatic brain injury (TBI) cases, advocating for victims who have sustained injuries due to the negligence of others. Here are some common types of TBIs in Kansas:

Concussions (Mild TBI):

Concussions are the most common type of brain injury and often occur after blows to the head, falls, or accidents such as car crashes. Although many people recover completely, some continue to experience symptoms like headaches, dizziness, and difficulty concentrating that can interfere with daily life.

Contusions (Bruises to the Brain):

A contusion is a bruise on the brain tissue caused by a blow or impact. It can lead to swelling and bleeding in the brain, requiring prompt medical treatment to prevent further damage.

Coup-Contrecoup Injuries:

This type of injury occurs when the brain is jolted and strikes the inside of the skull at both the point of impact (coup) and on the opposite side (contrecoup). This can lead to widespread brain damage and is common in car accidents or falls.

Diffuse Axonal Injury (DAI):

DAI occurs when the brain experiences a violent shaking or twisting motion, causing the brain’s nerve fibers (axons) to tear. This type of injury is often seen in high-speed collisions, such as car accidents, and can result in severe, long-term impairment or even coma.

Penetrating Brain Injuries:

Penetrating injuries happen when an object, like metal or glass, breaks through the skull and damages the brain tissue. These injuries often cause significant harm and can lead to cognitive, physical, and emotional deficits.

Brain Hemorrhages (Bleeding):

When a blood vessel in the brain bursts, it can cause a brain hemorrhage, leading to dangerous internal bleeding. This type of injury is considered a medical emergency and may occur after a serious fall or high-impact collision.

Subdural Hematoma:

A subdural hematoma is a collection of blood between the brain and its outer covering. It often results from a head injury, and the buildup of blood can increase pressure on the brain, leading to serious complications.

Epidural Hematoma:

This occurs when blood collects between the skull and the outer layer of the brain, typically after a head injury. It can lead to rapid brain swelling and requires immediate surgical intervention to avoid life-threatening consequences.

Chronic Traumatic Encephalopathy (CTE):

CTE is most commonly linked to repeated head trauma, particularly among athletes and military personnel, but it may also develop after a severe traumatic brain injury. The condition can lead to long-term cognitive decline, memory loss, mood changes, and behavioral issues. Currently, CTE can only be definitively diagnosed after death.

A TBI lawsuit can be filed by various parties, depending on the situation and the individual’s circumstances. Here’s a breakdown of who can file a TBI lawsuit in Kansas:

The TBI Victim (Injured Party)

• Primary claimant: The person who suffered the traumatic brain injury because of an accident or another party’s negligence is typically the primary person eligible to file a lawsuit. Compensation may be pursued for medical expenses, lost income, pain and suffering, and other damages related to recovery and long-term care.
• Important note: If the injured person is able to do so, the lawsuit generally must be filed within the applicable statute of limitations for personal injury claims in their state. These deadlines vary by jurisdiction and can affect the ability to recover compensation.

Family Members (In Cases of Severe Injury or Death)

• Spouse: In severe traumatic brain injury cases where the victim cannot pursue legal action because of physical or cognitive impairments, a spouse may be able to file a lawsuit on their behalf, including claims involving emotional distress or loss of companionship.
• Parents: In cases involving minors, parents or legal guardians can file a TBI lawsuit on behalf of their child, seeking compensation for medical treatment, future care, pain and suffering, and any other damages.
• Children: If the TBI victim is deceased, their children (or other family members, depending on the situation) may file a wrongful death lawsuit. This lawsuit may seek damages for loss of support, funeral costs, and other related expenses.

Legal Guardians or Conservators

• Guardianship: If the traumatic brain injury victim is unable to manage their own legal affairs because of the severity of the injury, such as being in a coma or suffering serious cognitive impairments, a legal guardian or conservator may be appointed to pursue a lawsuit on their behalf.

Estate Representatives

• Executor of the estate: If a traumatic brain injury victim passes away because of their injuries, the executor or administrator of the estate may be able to file a wrongful death lawsuit on behalf of the deceased. This is typically the person named in the victim’s will or someone appointed by the court if no will exists.

Signs and symptoms of a brain injury can vary depending on the severity and type of injury (mild, moderate, or severe). Some symptoms may appear immediately, while others can develop over hours or days. Here are common signs and symptoms to watch for after a head injury:

Physical Symptoms

• Headaches: Persistent or severe headaches are common after a brain injury.
• Nausea or vomiting: Feeling nauseous or vomiting after a head injury may be a sign of a concussion or more serious trauma.
• Dizziness or balance issues: Trouble walking, maintaining balance, or feeling lightheaded can occur after a brain injury.
• Fatigue or excessive drowsiness: Feeling unusually tired, sluggish, or having difficulty staying awake.
• Sensitivity to light or noise: Increased sensitivity to bright lights or loud sounds is frequently associated with concussions and mild TBIs.
• Blurred or double vision: Difficulty seeing clearly or experiencing visual disturbances.
• Ringing in the ears (tinnitus): Hearing buzzing, ringing, or other unusual sounds in the ears.
• Seizures: More severe traumatic brain injuries may cause seizures or convulsions.
• Loss of consciousness: A person may briefly or for an extended period lose consciousness following a head injury.
• Swelling or tenderness: Bruising, swelling, or tenderness around the head, face, or neck may also be present.

Cognitive Symptoms

• Confusion or disorientation: Experiencing confusion, mental fogginess, or trouble focusing. Some individuals may also have difficulty recalling important details or events surrounding the injury.
• Memory loss (amnesia): Difficulty remembering things, especially immediately before or after the injury.
• Difficulty concentrating or thinking clearly: Trouble staying focused, thinking through tasks, or processing information.
• Slow thinking or processing: A noticeable delay in response times or difficulty following conversations.

Emotional and Behavioral Symptoms

• Mood swings: Irritability, frustration, or experiencing sudden emotional changes.
• Anxiety or depression: Feelings of anxiety, depression, or overwhelming sadness, which may be a result of the injury or a change in brain function.
• Personality changes: Noticeable behavioral changes, including increased impulsiveness, social withdrawal, or aggression that is out of character.
• Sleep disturbances: Trouble falling asleep, staying asleep, or sleeping too much. Some individuals may also experience disturbed sleep cycles.

Severe Symptoms (Emergency Signs)

• Severe headache or worsening pain: A headache that becomes increasingly painful may be a sign of brain swelling or bleeding.
• Extended loss of consciousness: Ongoing unconsciousness, confusion, or a coma after a head injury can indicate a serious brain injury.
• Weakness or numbness in the arms or legs: Difficulty moving a limb or loss of feeling on one side of the body may point to brain or nerve damage.
• Fluid or blood draining from the nose or ears: This may be a sign of a skull fracture or another severe head injury.
• Slurred speech or trouble communicating: Difficulty speaking or understanding language can be associated with a traumatic brain injury.
• Severe bleeding or bruising: Significant bleeding or bruising around the head or face, especially when combined with dizziness or confusion, may indicate a serious injury.

Young children and infants may not be able to explain their symptoms after a head injury, so it’s important to watch for warning signs such as:

• Excessive crying or unusual irritability
• Changes in eating or sleeping habits
• A bulging soft spot (fontanel) on an infant’s head
• Changes in behavior, including lethargy or reduced interaction
• Trouble with balance, coordination, or walking

You should seek immediate medical attention if you or someone else experiences any serious symptoms after a head injury, including:

• Persistent or worsening headaches
• Seizures
• Loss of consciousness, even briefly
• Severe confusion or disorientation
• Difficulty breathing or swallowing
• Clear fluid draining from the nose or ears
• Repeated vomiting or worsening nausea
• Any other unusual or severe symptoms

Even if symptoms seem mild at first, it’s important to consult a healthcare professional if you suspect a brain injury. Early diagnosis and treatment can help reduce the risk of complications and support recovery.

Traumatic brain injuries can happen in many different types of accidents and incidents. In most cases, a TBI occurs when a sudden blow, jolt, or impact causes damage to the brain. Some of the most common causes of traumatic brain injuries include:

Motor Vehicle Accidents

Car, truck, and motorcycle accidents are among the leading causes of TBIs. The force of a crash can cause the brain to strike the inside of the skull or move violently within the head.

In some cases, multiple impacts occur during a collision. For example, a person’s head may hit part of the vehicle before being struck by a deploying airbag. Sudden acceleration and deceleration movements, including whiplash, may also contribute to brain injury symptoms.

Pedestrians struck by vehicles can suffer severe head injuries, especially if they are thrown onto the roadway or against the vehicle. Cyclists are also at high risk for TBIs, particularly when helmets are not worn.

Falls

Falls are another leading cause of traumatic brain injuries, especially among older adults and young children. Falls from ladders, stairs, rooftops, playground equipment, or elevated work areas can result in serious head trauma.

Construction workers and individuals in physically demanding or hazardous jobs may face an increased risk of falls and machinery-related accidents.

Sports Injuries

Sports, including football, hockey, soccer, and boxing, are commonly associated with concussions and other brain injuries due to frequent collisions and head impacts.

Traumatic brain injuries may also happen during non-contact activities like cycling, gymnastics, skateboarding, and similar recreational sports when participants fall or strike their heads.

Violence and Assaults

Physical assaults and violent incidents can lead to traumatic brain injuries when a person is struck in the head during a fight or attack. Injuries involving weapons or penetrating trauma, including firearm-related injuries, can result in severe brain damage.

Military and Combat Injuries

Military personnel may suffer TBIs from explosions, blasts, shrapnel, or combat-related accidents. Blast waves alone can sometimes cause brain injuries even without a direct impact to the head.

Workplace Accidents

Workers in construction, industrial settings, warehouses, and other high-risk environments may suffer head injuries from falls, equipment accidents, or being struck by tools, machinery, or falling objects.

Medical Malpractice

Certain medical errors, including surgical mistakes or delayed diagnosis of a brain injury, can worsen a patient’s condition and potentially lead to long-term brain damage.

Domestic Violence

Domestic violence can result in traumatic brain injuries caused by repeated head trauma or violent physical attacks. These injuries may have severe and lasting physical, cognitive, and emotional consequences.

Traumatic brain injuries can occur in many different situations, often unexpectedly. Seeking prompt medical care after a head injury is important, even when symptoms initially seem mild. Early diagnosis and treatment may help reduce complications and improve recovery outcomes.

If a traumatic brain injury was caused by someone else’s negligence or reckless conduct, speaking with an experienced attorney may help you better understand your legal rights and options for pursuing compensation.

When a traumatic brain injury happens because of someone else’s negligence or wrongdoing, multiple parties may potentially be held liable. Responsibility depends on how the injury occurred and who had a duty to help prevent the harm.

Negligent Drivers & Vehicle Owners

If a traumatic brain injury is caused by a car, truck, motorcycle, bicycle, or pedestrian accident, the at-fault driver may be held responsible. In some situations, a trucking company or employer may also be liable if the driver was working at the time of the crash.

Property Owners & Businesses

Property owners and businesses may be liable when unsafe conditions lead to a traumatic brain injury. Common examples include wet floors, poor lighting, unsafe stairways, falling objects, or inadequate property maintenance.

Employers & Third Parties in Workplace Accidents

Dangerous workplace conditions, especially in construction and industrial settings, can lead to severe traumatic brain injuries. Falling objects, faulty equipment, and unsafe scaffolding are frequent causes of these accidents. Although workers’ compensation may provide certain benefits, injured workers may also have the right to pursue third-party claims when another business or equipment manufacturer played a role in the incident.

Sports Organizations & Schools

Schools, colleges, and sports organizations may face liability if they fail to protect athletes from concussions or traumatic brain injuries properly. Inadequate safety protocols, defective protective equipment, or allowing athletes to return to play too soon may contribute to liability.

Manufacturers of Defective Products

Manufacturers may be held responsible if defective products such as helmets, airbags, seatbelts, safety equipment, or medical devices contribute to a brain injury.

Medical Professionals & Hospitals

Doctors, nurses, and hospitals may be liable when medical negligence causes or worsens a traumatic brain injury. Examples may include surgical mistakes, delayed diagnosis, or birth injuries involving brain damage.

Property Managers & Landlords

Landlords and property managers may be responsible if unsafe living conditions, such as broken stairways, inadequate lighting, or poor security, contribute to a traumatic brain injury.

Perpetrators of Violence & Assault

Individuals responsible for physical assaults that result in head injuries may be subject to both criminal and civil consequences. In certain cases, businesses such as bars or nightclubs may also share liability if inadequate security contributed to the incident.

Government Entities & Municipalities

Government entities, including cities and counties, may potentially be responsible when hazardous road conditions, malfunctioning traffic signals, unsafe public property, or certain forms of misconduct contribute to a brain injury.

Nursing Homes & Assisted Living Facilities

Nursing homes and assisted living facilities may be held responsible when residents suffer traumatic brain injuries due to falls, neglect, abuse, or inadequate supervision.

If you or a loved one suffered a traumatic brain injury because of someone else’s negligence, you may be entitled to pursue compensation for medical expenses, lost wages, pain and suffering, and long-term care. Morgan & Morgan’s brain injury attorneys can investigate the circumstances surrounding your case and help determine potential liability.

Traumatic brain injury claims are often complex and may require extensive medical documentation, accident investigations, and discussions with insurance companies. Here is a general overview of what to expect when pursuing a claim with Morgan & Morgan.

Seek Medical Attention

If you suspect a brain injury, seek medical care as soon as possible. Medical records and a professional diagnosis are important for both your health and your legal claim.

Contact Morgan & Morgan

An experienced brain injury attorney can help evaluate your case, discuss who may be responsible, and explain the legal options available to you. Morgan & Morgan offers free case evaluations and works on a contingency fee basis, which means there are no upfront costs unless your case is successful.

Investigation & Evidence Collection

Your legal team will gather evidence to help support your claim, which may include:

• Medical records and expert opinions
• Accident or incident reports
• Witness statements
• Photos, surveillance footage, or video evidence
• Expert testimony from specialists such as neurologists or accident reconstruction experts

Filing the Lawsuit

Once enough evidence has been collected, your attorney may file a lawsuit against the responsible party, outlining the allegations and damages being sought.

Discovery & Negotiations

The discovery phase allows both parties to share evidence and gather additional information about the case. In many TBI claims, settlement discussions take place during this stage and may resolve the matter before trial becomes necessary.

Trial (If Necessary)

If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and potential compensation.

Compensation

If successful, compensation may include damages for:

• Medical expenses and future treatment
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation and long-term care needs
• Loss of enjoyment of life
• Punitive damages in cases involving extreme misconduct or recklessness

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Yes, you can still file a claim if your symptoms appear weeks or months after the accident. TBIs can have delayed symptoms, and it is not uncommon for victims to experience cognitive, emotional, or physical impairments long after the initial injury. The ability to file a claim will depend on a few key factors:

Statute of Limitations

Each state sets deadlines for filing personal injury lawsuits, known as statutes of limitations. The amount of time you have to file a brain injury claim can vary depending on where the injury occurred and the specific circumstances of your case.

In some situations, exceptions may apply, particularly if symptoms were delayed or the injury was not immediately discovered. If you did not realize the full extent of your brain injury right away, an attorney can help you understand how filing deadlines may apply to your case.

Medical Documentation

If you did not seek immediate medical attention after your accident, it is still possible to build a case. A doctor can assess your symptoms and determine whether they are linked to the accident. Having medical records that document your symptoms and their progression can be crucial in proving that the injury was caused by the incident.

Proving Causation

A successful TBI claim typically requires proving that the brain injury resulted from the accident in question. Although this may become more challenging as time passes, experienced attorneys can rely on medical evaluations, expert opinions, and supporting evidence to demonstrate the connection between the accident and the injury.

Insurance Company Challenges

Insurance companies may try to argue that your symptoms are unrelated to the accident, especially if there was a delay in diagnosis. An attorney can help counter these arguments by gathering strong medical and expert evidence to support your claim.

Contact Morgan & Morgan

Morgan & Morgan has experience handling complex brain injury cases, including claims where symptoms may not appear right away. Our legal team can review medical records, consult with experts, and evaluate the circumstances surrounding your injury to help you better understand your legal options.

Morgan & Morgan works on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you have developed symptoms of a brain injury after an accident, do not wait. Contact us today for a free case evaluation to discuss your legal options.

If your loved one is in a coma because of a traumatic brain injury, the situation can be overwhelming and may require both immediate medical care and careful legal consideration.

A coma is a serious medical condition that often requires intensive treatment and long-term care. Depending on the severity of the injury, your loved one may need:

• Emergency treatment to stabilize their condition and reduce brain swelling
• Extended hospitalization in a neuro-intensive care unit (ICU)
• Rehabilitation services, if consciousness is regained, including physical therapy, speech therapy, and cognitive rehabilitation

If the traumatic brain injury was caused by another party’s negligence, such as a motor vehicle accident, workplace incident, medical malpractice, or violent act, legal action may be possible.

Because a person in a coma generally cannot pursue a claim on their own, a spouse, parent, legal guardian, or another family member may be able to act on their behalf. In some cases, it may be necessary to ask the court to appoint a legal representative.

If the injury ultimately results in death, surviving family members may be able to pursue a wrongful death claim seeking compensation for losses such as funeral expenses, lost financial support, and other damages allowed under the law.

An experienced brain injury attorney at Morgan & Morgan licensed in Kansas can help guide families through this complex process, investigate the circumstances surrounding the injury, and pursue compensation that may be available under the law.

Whether a traumatic brain injury case goes to trial or settles out of court depends on factors such as the strength of the evidence, disputes over liability, the severity of the injuries, and the insurance company’s willingness to negotiate fairly.

Settlement: The Most Common Outcome

Most TBI cases are resolved through settlement negotiations rather than trial. Settlements may allow injured individuals to recover compensation without going through a lengthy court process. Potential benefits of settlement may include:

• Faster resolution
• Reduced uncertainty compared to the trial
• Less emotional and financial stress

However, settlement may not always be possible. Disputes can arise when:

• The insurance company refuses to offer fair compensation
• Liability is contested
• Injuries involve extensive or long-term medical care and future damages

Going to Trial

If a fair settlement cannot be reached, the case may proceed to trial. During a trial, both sides present evidence, witness testimony, and legal arguments before a judge or jury. A trial may become necessary when:

• Settlement offers do not adequately reflect the extent of the damages
• The defendant disputes fault
• Significant compensation or long-term damages are involved

At trial, a judge or jury will determine liability and decide whether compensation should be awarded.

If you or a loved one suffered a traumatic brain injury, Morgan & Morgan can evaluate your case and help determine the best path forward. Contact us today for a free case evaluation.

You may still be able to recover compensation even if you were partially responsible for the accident that caused your traumatic brain injury. Whether you can recover damages and how much compensation may be available depends on the laws of the state where the accident occurred.

Some states reduce compensation based on a person’s percentage of fault, while others may limit recovery if the injured person is found primarily responsible for the accident. In certain situations, even a partial fault can affect the ability to recover compensation.

Determining fault often involves reviewing evidence such as accident reports, witness statements, medical records, surveillance footage, and expert analysis.

Insurance companies may attempt to place more blame on injured victims in an effort to reduce the amount they pay. An experienced brain injury attorney can help protect your rights and challenge unfair allegations of fault.

Even if you think you may have been partially at fault, it’s important to speak with an attorney before assuming you are not eligible to pursue compensation.

No. Consultations with a Morgan & Morgan attorney, licensed in Kansas, are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,000 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex brain injury cases.

Your case may be supported by a team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you informed throughout the legal process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no up-front fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

Brain injury cases can be complex and often involve extensive medical evidence, long-term treatment needs, and significant financial losses. Morgan & Morgan has more than 1,000 attorneys nationwide and has recovered over $30 for clients.

Our attorneys have experience handling serious injury claims and understand the lasting impact a traumatic brain injury can have on victims and their families. We work to build strong cases that consider both immediate damages and long-term medical needs.

Morgan & Morgan handles brain injury cases on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you believe someone else’s negligence caused your injury, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.