Client Benefits | Kansas City Brain Injury Lawyer
If someone’s carelessness caused you to suffer a brain injury, our team can take action.
What We’ll Do
- Listen to your story.
- Determine if further value can be provided.
- Educate you on the legal claims process.
- Take action against the insurance company.
Before you take action contact us for a free case estimate, it will help you to understand the full picture.
We’ve created this guide to show a 30,000-foot view of brain injuries. We’ll summarize the brain injury types, causes, symptoms, and treatment. We’ll also examine the effects of brain injuries in children.
We’ll discuss what you can be compensated for and the time frame to take action. We will also share common insurance companies’ tactics to devalue your claim that you may encounter.
Finally, we’ll highlight the cost of our service and the approach that sets us apart from the competition.
Secure your compensation by leveraging a Kansas City brain injury lawyer’s expertise.
Here’s the process. We hope this helps.
Big Picture: The Types of Brain Injuries
This being a broad overview, we won’t get into all types of brain injuries. Seek insight from a trusted neurologist who can give you an in-depth diagnosis of your injury and suggest medical treatment. Understanding the basics of brain injuries can provide direction for your legal options.
- Concussions are a mild form of brain injury, but they should not be taken lightly. This DOES NOT mean the impact of a concussion on your life can’t be serious and sometimes devastating. The effects can be huge—especially if prior concussions have occurred.
- Contusions have a direct impact on the brain without breaking the skin. The severity of the impact leaves bruising or bleeding on the brain.
- Penetrating head trauma is when a foreign object enters the brain. Extremely severe injury with devastating impacts.
Each level of injury also often means increased medical expenses, including ongoing future medical expenses. Your focus shouldn’t be on battling it out with the insurance company. We can transition your attention solely to recovery and do the work for you.
The Cause of Brain Injuries
- Workplace Accidents – Construction zones, mechanic shops, farming, etc. The Workplace is a hive for head trauma.
- Car Accidents – The possibilities are endless for car accident scenarios. Phone usage has led to a massive spike in head trauma behind the wheel. It’s scary how we as drivers see this happening around us every day. And to know it could all be prevented if they would just put their phones down.
- Motorcycle Accidents – Helmets are cool! Bikers are already vulnerable from their exposure on the bike. Not wearing a helmet makes an already dangerous situation even worse.
- Semi-Truck Accidents – Trucks have a difficult time slowing down, stopping, or maintaining control in emergencies. If fully loaded, the added weight further decreases the driver’s ability to control the scenario. Thankfully there’s a training process for truck drivers, and the regulatory system for commercial trucking operations should help prevent bad drivers from legally sitting behind the wheel. Unfortunately, there are plenty of bad commercial truck drivers still out there.
- Falls – Slipping off the roof is more common than you’d think. Along with unsteady ladders or falling down the stairs. Falls are a very common cause of brain injuries. The elderly are particularly at risk due to their frail state.
- Sports Injuries – Anything with contact creates the risk of a brain injury. Even golf! Sports-related head injuries make up a significant percentage of concussions and even brain bleeds.
Any situation can happen. What’s most important is how you respond. To secure all the resources to care for your needs, it takes careful attention to symptoms and often limiting communication with the insurance company. There may be more problems post-accident that you’re not yet aware of.
Symptoms of a Brain Injury
The symptoms timeline is never the same for each brain injury. Some people have similar injuries but completely different responses. There are so many factors to be considered. We advise you to be on guard for any brain injury-related symptoms. But just be aware, it’s nearly impossible to self-diagnose. You should consult with a doctor who can evaluate your situation with the proper testing.
Here are a few brain injury checklists you can track for yourself or a loved one.
Concussion Symptoms
- Dizziness
- Headaches
- Loss of consciousness
- Vomiting
- Trouble concentrating
- Confusion
- Memory loss
- Difficulty communicating
Moderate Brain Injury Symptoms
- Seizures
- Frequent migraines
- Unconsciousness
- Pupil dilation
- Increased anger
- Depression
- Self-harm
- Fluid drainage from the ears or nose
- Increased confusion
- Change in personality
Severe Symptoms
- Won’t wake up (unconscious 24 hours or longer)
- Unable to sleep
- Any or all symptoms listed above
A neuroimaging test will reveal any traumatic brain injury damage.
Symptoms in Children
We want to dedicate an entire section to evaluating children’s symptoms.
They may not be able to communicate the pain they’re feeling. Our goal is to equip parents with a keen eye for any external symptoms the child may show.
Be their eyes and their voice.
Seek medical attention immediately if there’s any suspicion your child has suffered a brain injury.
Keep watch of the following:
- Lost interest in favorite toys
- Changes in eating habits
- Altered sleep patterns
- Apparent headaches
- Apparent memory loss
- Mood swings
- Drowsiness
- Depression
- Persistent crying
- Abnormal difficulty in holding attention
So much to keep an eye on with a child. Please take the necessary time to communicate with a medical professional. They will know what to look for and provide the proper care needed for your little one.
Comp for the Kids
You may not get a clear picture of the long-term consequences of your child’s brain injury. Time will tell how their recovery is going and whether their body is responding to treatment.
Catching these symptoms early can help secure the correct medical treatment, and compensation, that will set you and your little one up for success in the long run. Insurance may offer you a settlement that you think is fair for the child’s current situation, but long term it may be a very poor settlement.
Will the child need long-term medical treatment? If so, does this settlement equip you to pay for that treatment and incidental expenses?
You should consult with an attorney to explore your legal options. Partnering with a Kansas City lawyer could set you and your family up for success.
Children may lag in different stages of development if they have been affected by a brain injury. In these cases, special education or ongoing rehab may be required. This would lead to further expenses you and your family have to bear.
Things to be watchful for:
- Hand-Eye Coordination – Holding a pen, coloring, computer board, using a fork or spoon, getting dressed.
- Decline in intelligence – loss of attention span, difficulty with memorization.
- Communicating – Reading, writing, carrying a conversation, and receiving instruction may be affected.
You need to ensure you’re compensated fairly to take care of your child. An attorney will help you review all legal options and comprise a plan of attack to get you the compensation you need.
Honing In: Diagnosing and Treatment
Brain injury symptoms don’t always reveal themselves in a timely fashion. It could be hours, days, or even weeks before the full reality of the situation is clear. There could be an active brain bleed taking place. The pain shows up once the brain begins to swell. This can take time.
A few years ago, we had a client in this situation. She was hit from behind only at about 10mph by a taxi cab. The bumper had a small dent. Little to no damage was done, and there was hardly any paint transfer from the vehicles colliding. But she didn’t realize her head snapped back and hit the headrest. She didn’t realize the full effects of the injury until weeks later.
She went to the hospital because she started experiencing headaches. Neuroimaging revealed the small impact from the headrest and the movement of her head and neck during the accident, caused a sub-dermal hematoma—a brain bleed, that she later required surgery for.
We get stories like this all the time. Insurance adjusters and defense lawyers point to vehicle damage or the way the victim felt immediately after the accident.
“There’s barely any property damage. It must not have been a very bad accident.”
The problem is, that there is no correlation between property damage and bodily injury. Attorney Mike Wyatt has used analogies to address these arguments. For example,
“It’s a lot like a carton of eggs. You can smash a carton of eggs fairly hard and not see a lot of damage on the outside. If you look on the inside, all the eggs will be broken.”
No brain injury is the same. The symptoms can be difficult to diagnose and treat. A proper diagnosis is going to take place through a neurologic exam and image testing. Examples of these tests are a CT scan or MRI.
We know it can be intimidating to face the possibility of a brain injury diagnosis. There are a lot of unknowns and you may be unsure of who you can trust. Plus, medical tests can be uncomfortable, time-consuming, and expensive! It’s important to get checked out if you think you have a brain injury. The sooner you get a diagnosis, the sooner you can start treatment and begin your recovery.
A personal injury lawyer can help you secure legal damages to cover medical expenses, lost wages, and compensation for your pain, suffering, and mental anguish. If you need care, don’t avoid the hospital because you can’t afford to pay the bills out of pocket. Talk with one of our Kansas City brain injury lawyers about your case. Our team will collect all of the medical bills, medical records, and demand payment from the insurance company. Mann Wyatt Tanksley’s approach ensures expert documentation and organization. Ultimately, proving fault in your legal case and your right to financial recovery.
The Compensation Umbrella
Talk to a Kansas City brain injury lawyer about your expenses related to the accident.
Many expenses can be compensated. Our goal is that you don’t give a second thought to the numbers. We keep you focused on healing and recovery, and our team makes sure those bills are addressed in the insurance claim or settlement process.
Here’s an idea of what our process looks like. You’ll communicate to us that you have an appointment with the neurologist. We’ll confirm that information and be in touch with their medical staff to gather the expense information and present those expenses in a demand package to the insurance company. All you have to do is focus on the appointment and follow your doctor’s advice. The same process applies to prescription medication and therapy appointments. Whatever the expense, we are behind the scenes collecting them as evidence for your case.
Figuring out what can be compensated is best understood with umbrella imagery.
If the expense is covered under the umbrella, you can be compensated up to the amount of the insurance policy limits and, sometimes, you can be compensated more.
Medical Expenses
This includes the cost of emergency services, hospital care, rehabilitation, and any necessary medical equipment.
Lost Wage Recovery
If your injury has forced you to take time off work, you could be compensated for lost wages.
Compensation for Pain, Suffering, and Mental Anguish
This refers to the physical pain and emotional distress caused by the injury. There is no magic wand to undo how somebody’s life is affected; money is our only tool to help them move forward.
Long-Term Care & Financial Support
If your brain injury requires ongoing medical treatment or personal care, these long-term costs can be included in your compensation.
Emotional Trauma Settlement
Brain injuries can often lead to psychological issues like depression or anxiety. You may be eligible for compensation for this emotional trauma.
The Statute of Limitations in Kansas City: A Time Frame to Keep in Mind
The best clients take action within 6 months after the accident. We accept cases well after that timeframe, but taking action by retaining a lawyer earlier can greatly benefit the case. Sometimes there may be a complete lack of awareness that the insurance company gave them a bad offer and working with us could lead to a better result.
In Kansas City, there’s a legal timeframe that applies to each brain injury case. This is called the Statute of Limitations. All you need to worry about is which side of the line in Kansas City that you live in. Kansas and Missouri have different timelines to preserve a claim.
If in Missouri – You have 5 years from the date of the accident to preserve a claim by filing a lawsuit in a motor vehicle accident case, for example.
If in Kansas – You have 2 years from the date of the accident to preserve a claim by filing a lawsuit in a motor vehicle accident case.
This timeline can get confusing in various cases. We’ve had situations come all the way down to the final wire. If the timeline is up and the statute is expired, the court will dismiss your case if you try to file. This means you no longer have a legal mechanism to pursue compensation. Any case may have facts that cause the statute of limitations to apply differently (for example in cases involving minors). Consult with one of our team members at Mann Wyatt Tanksley Injury Attorneys for an analysis on the statute of limitations. We’ll be able to answer if you have time to pursue a claim.
Make Sure Your Lawyer is Empathetic and Doesn’t Treat You Like a Number
“In a wreck get a check.”
“We’ve got this.”
Familiar slogans? We’ve got an important one – Don’t hire a Settlement Mill.
Settlement Mills are law firms that treat you like a number and take on as many cases as they can sign up. They often don’t care about your story of the pain, trauma, and loss that you’ve experienced. Their focus is usually on a quota, settling as many cases as they can quickly to move on to the next one.
How do you discern the good from the bad?
You’ll know in one phone call. Ask yourself this question.
Is the voice on the other line empathetic?
Empathy means to understand and share the feelings of another. It involves recognizing others’ emotions and perspectives.
That’s what you can count on with Mike Wyatt and the team at MWT. Mike often spends half an hour or more with potential clients, listening to their stories and assessing their case. In the phone call, Mike wants you to share the details of your story, talk through your encounter with the insurance company, and determine if you’ve received a fair offer. Mike’s going to shoot you straight. If he sees that we can’t provide you value, he will make that clear. You’ll often have a much better idea of the full value of your case after just one call.
One of the firm’s partners will be on the other side of the phone, with undivided attention to your story. That’s encouraging. You’re not just a number to our firm. You’re an image bearer that we value and work hard for if given the opportunity to partner with.
The Right Price – Kansas City Brain Injury Lawyer
Mann Wyatt Tanksley Injury Attorneys work on a contingency fee basis. You only pay if we recover compensation for you in the end. Our cost is not out of your pocket either. Our fee is only based on a percentage of the amount of money we recover for you in the form of a settlement or judgment. We only win if you win.
Your Journey to Justice
Your journey to justice starts with this first step. Contact our Kansas City brain injury lawyers for a free consultation. You can fill out your information here, or call 1 (877) 388-8555 for immediate assistance. We’ll get you going in the right direction!