Brain Injury Lawyer in Wichita, KS
Being injured by a negligent party is incredibly difficult regardless of the circumstances, but when another’s actions lead to a brain injury that can have catastrophic effects on your life, the stakes are elevated. Our Wichita brain injury lawyer at Hollis Law Firm has handled numerous brain injury cases. Our Wichita brain injury lawyers are committed to guiding our clients through the entire personal injury process, ensuring they feel confident in their legal representation and chances of achieving a favorable outcome.
What Are the Long-Term Consequences of Brain Injuries?
The brain controls the entire body, meaning serious personal injuries to the brain can have debilitating and devastating long-term consequences. These consequences depend on the region of the brain that is injured and the severity of the injury as a whole. Some of these long-term consequences may include:
- Memory loss
- Personality changes
- Paralysis in parts of the body
- Muscle weakness
- Tremors
- Cognitive disabilities
- Total or partial vision loss
- Seizure disorders
- Sensory deficits
- Difficulty speaking, reading, or making sense
The law recognizes the seriousness of brain injuries. Depending on the severity of the injury and the extent of harm it causes to the person or their family, there is often higher compensation awarded to those who suffered brain injuries. However, it’s important to meet with a Wichita brain injury lawyer in order to determine how much compensation you or your family may be entitled to.
Who Can Be Held Liable For a Serious Brain Injury?
During a serious brain injury case, victims seek financial compensation from the party responsible for being the primary cause or significantly contributing to their injuries. Identifying the appropriate at-fault party is one of the first steps to pursuing compensation. However, proving someone is at fault is not as easy as it may seem. Establishing that someone is liable for your injury requires a thorough investigation and a clear understanding of personal injury law. Depending on the circumstances of your accident, it’s possible that one or more of the following parties may be liable:
- Negligent motor vehicle driver
- Careless employer
- Healthcare provider
- Manufacturer or distributor of a defective product
- Negligent property owner
- Inattentive supervisor or instructor
Proving someone liable for damages means having enough evidence to support the claim that you would not have suffered a brain injury without the at-fault party’s actions.
What Is the Statute of Limitations for a Brain Injury?
One of the most important laws to remember when filing a brain injury claim is the statute of limitations. The statute of limitations is the law that encourages claimants to file their claim as soon as possible to protect their right to compensation and preserve evidence. It’s important to understand and obey the statute of limitations to ensure you have a valid claim.
In Wichita, the statute of limitations is two years from the date of the injury or discovery, and in Missouri, it is five years from the date of injury or discovery. However, if your brain injury is the result of medical malpractice, then the statute of limitations is two years from the date of injury or discovery.
What Compensation Can Be Recovered in a Brain Injury Case?
Your Wichita brain injury attorney can help determine damages that deserve compensation. Serious brain injuries can cost patients millions of dollars over their lifetime. Permanent brain damage often requires live-in nursing care, consistent doctor’s visits, lifelong therapy or rehabilitation, and other expensive medical services. These kinds of injuries also tend to cause significant non-economic damage, such as loss of quality of life or pain and suffering.
Some of the potential compensation that a person can recover in a brain injury case include:
Past and Future Medical Expenses
Medical expenses are typically the greatest monetary loss that brain injury victims suffer. Fortunately, victims don’t need to cover these expenses alone. When they file a personal injury claim, they have the chance to recover compensation to cover all past and future medical expenses related to their brain injury.
Lost Wages and Missed Earning Opportunities
A brain injury can limit a victim’s ability to work for weeks, months, or even permanently. Facing the loss of income is terrifying, especially when facing a life of permanent disability. That’s why victims can recover lost wages and loss of future earnings capacity if they’ve suffered a severe brain injury.
Pain and Suffering
The non-economic impact of brain injuries can be severe. A brain injury may require someone to relearn basic functions, such as eating or communicating. They may no longer have the ability to perform the task or hobbies they once enjoyed. These losses are just as important as financial losses, which is why victims can recover compensation for these intangible losses.
Punitive Damages
The seriousness of an injury to the brain can result in punitive damages, which are meant to punish the at-fault party for their misconduct. If the at-fault party wantonly, intentionally, or recklessly caused the injury, a judge may order them to pay punitive damages in addition to the compensatory damages.
