A traumatic brain injury can qualify you to recover economic damages, such as medical bills and lost income, as well as non-economic damages like pain and suffering, and in rare cases involving reckless conduct, punitive damages. The amount available in any individual case depends on the severity of the injury, the strength of the supporting medical evidence, and the applicable insurance coverage. Many injury victims do not realize the full scope of compensation available to them, which can mean missing out on financial support during recovery.
At Hollis Law Firm, we represent injury victims throughout Kansas and Missouri. Our lawyer has spent 15 years helping clients pursue fair compensation after serious accidents, and we work to document every category of damages tied to a brain injury so nothing gets left out of a claim.
What Damages Can You Recover for a Traumatic Brain Injury?
Economic damages represent the financial losses you have experienced due to your traumatic brain injury. These tangible costs are often easier to calculate because they come with receipts, bills, and documentation.
Medical expenses form the foundation of most traumatic brain injury claims, including:
- Emergency room treatment and hospital stays
- Diagnostic tests like CT scans and MRIs
- Surgery and rehabilitation therapy
- Prescription medications and medical equipment
- Future medical care and ongoing treatment needs
Lost wages represent another significant economic damage. If your injury forced you to miss work or left you unable to return to your previous employment, you can seek compensation for both past and future lost income. This calculation may include lost earning capacity if your brain injury limits the type of work you can perform going forward.
What Are the Severity Levels of a Traumatic Brain Injury?
Not every brain injury looks the same on paper, and the severity level often shapes how much a claim is worth. Medical providers generally classify traumatic brain injuries as mild, moderate, or severe, based on factors such as loss of consciousness, Glasgow Coma Scale score, and imaging results.
Mild Traumatic Brain Injury (Concussion)
A mild TBI, often called a concussion, can still cause lasting headaches, memory problems, and light sensitivity. Even without visible damage on imaging, a mild TBI can support a claim for damages when it is properly documented by a treating physician. Symptoms do not always appear right away, which is why delayed onset of TBI symptoms can still be tied back to the original accident with the right medical documentation.
Moderate and Severe Traumatic Brain Injury
Moderate and severe brain injuries typically involve a longer loss of consciousness, structural damage visible on a CT scan or MRI, and a greater likelihood of permanent cognitive or physical impairment. These cases usually require input from neurologists or neuropsychologists to project future medical needs and support a higher damages calculation.
How Are Non-Economic Damages Determined?
Non-economic damages compensate you for the intangible ways a traumatic brain injury has affected your quality of life. While these losses do not come with price tags, they are often among the most significant consequences of a severe brain injury.
Pain and suffering damages account for the physical discomfort and emotional distress you have endured since your injury. Brain injuries frequently cause chronic headaches, cognitive difficulties, and personality changes that affect daily life. These damages also cover the mental anguish, depression, and anxiety that often accompany traumatic brain injuries. Insurers and courts weigh factors such as the duration of treatment, the severity of ongoing symptoms, and how the injury has changed your daily routine when valuing this category of damages.
What Role Do Punitive Damages Play in a Traumatic Brain Injury Claim?
Punitive damages serve a different purpose than compensatory damages. Courts may award these damages when the responsible party’s conduct was particularly reckless or intentional. The goal is to punish the wrongdoer and deter similar conduct in the future.
In Kansas and Missouri, punitive damages are available in traumatic brain injury cases involving gross negligence or malicious conduct, such as when a driver operated a vehicle while intoxicated or a company knowingly sold a defective product. These awards can increase your total recovery in the right circumstances, though they are not available in every case and both states cap the amount that can be awarded.
Can Family Members Recover Damages?
When a traumatic brain injury severely affects your ability to maintain relationships, your spouse may have grounds for a loss of consortium claim. This type of damage compensates for the loss of companionship, affection, and support that results from your injury.
Loss of consortium claims recognize that brain injuries affect entire families, not just the injured person. Your spouse may recover damages for:
- Loss of companionship and emotional support
- Loss of physical intimacy and marital relations
- Loss of household services and assistance
These claims are separate from your personal injury claim but are typically filed together. The compensation reflects the impact your injury has had on your family relationships.
How Does Insurance Coverage Affect Your Recovery?
Insurance considerations play a significant role in traumatic brain injury cases. The at-fault party’s liability insurance often provides the primary source of compensation, but policy limits may not fully cover your damages. Reviewing all available insurance coverage is critical to maximizing your recovery.
Your own insurance policies may also provide additional compensation. Underinsured motorist coverage can help when the responsible party lacks sufficient insurance. Health insurance typically covers immediate medical expenses, though you may need to reimburse your insurer from any settlement or judgment you receive. Disability insurance may replace a portion of your lost income during recovery.
What Evidence Supports a Traumatic Brain Injury Damages Claim?
Because many brain injury symptoms are not visible to the naked eye, the strength of your damages claim depends heavily on documentation. Evidence gathered at the scene of the accident, combined with consistent medical treatment records, helps establish a clear timeline between the incident and your diagnosis.
Neuropsychological testing, treating physician notes, and, in more serious cases, testimony from a life care planner or vocational expert can all help quantify future losses. Witness statements that corroborate how the injury occurred also strengthen a claim when liability is disputed. For a closer look at how each factor gets weighed, see our breakdown of how the value of a brain injury is determined.
How Long Do You Have to File a Traumatic Brain Injury Claim in Kansas or Missouri?
Kansas generally allows two years from the date of injury to file a personal injury lawsuit, while Missouri generally allows five years, though exceptions can shorten or extend these windows depending on the circumstances, including claims against a government entity. Missing the applicable deadline can prevent you from pursuing compensation at all, so it is worth confirming your timeline with an attorney soon after a diagnosis.
Recover the Compensation You Deserve After a Brain Injury With Hollis Law Firm
Traumatic brain injuries create financial burdens that extend far beyond initial medical treatment, and this type of injury can affect daily life for years. Our lawyer has spent 15 years helping injury victims throughout Kansas and Missouri identify every category of damages tied to a brain injury, from documented medical costs to the harder-to-quantify effects on daily life and family relationships.
Hollis Law Firm is ready to evaluate your case and help you pursue the compensation available under Kansas and Missouri law. We handle every aspect of your claim while you focus on recovery, from gathering evidence to negotiating with insurance companies. Complete our contact form to discuss your case during a free consultation.
Frequently Asked Questions About Traumatic Brain Injury Damages
How is a mild traumatic brain injury proven in a damages claim?
A mild traumatic brain injury is generally proven through consistent treatment records, a diagnosis from a physician trained in concussion care, and documentation of ongoing symptoms such as headaches, memory issues, or light sensitivity. Because imaging often looks normal with a mild TBI, the treatment history and symptom tracking carry significant weight.
Can you recover future medical costs for a brain injury that has not fully healed?
Yes. Future medical damages are typically calculated with input from a treating physician or life care planner who projects the cost of ongoing therapy, medication, and any anticipated procedures. These projections become part of the overall damages sought in the claim.
Does a pre-existing head injury affect a new traumatic brain injury claim?
A prior head injury does not prevent you from recovering damages for a new one. Kansas and Missouri both recognize that a negligent party is responsible for the additional harm their conduct causes, even to someone with a prior vulnerability, though your attorney will need medical evidence distinguishing the new injury from any earlier condition.
What if the insurance company disputes the severity of the brain injury?
Insurers frequently challenge brain injury claims because symptoms can be harder to see than a broken bone. Detailed neuropsychological testing, consistent treatment records, and, when needed, testimony from a treating specialist help counter these disputes and support the value of the claim.
How long does a traumatic brain injury claim typically take to resolve?
Timelines vary widely because brain injury cases often wait until a treating physician can assess whether symptoms will improve, worsen, or become permanent before finalizing a damages calculation. Straightforward mild TBI claims may resolve within months, while cases involving long-term impairment can take longer to ensure future needs are fully accounted for.
