Wichita Traumatic Brain Injury Lawyer

An injury to the brain can affect the body’s motor skills and mental functions. Following a severe head injury, it can be difficult, or nearly impossible, for victims to deal with the consequences and legal complications that are likely to arise.

This is when a Wichita brain injury lawyer becomes a vital asset in securing fair compensation and justice for victims and their families.

Suffering a traumatic brain injury (TBI) can be a life-altering experience, impacting not only the individual affected but also their families and loved ones. In such challenging times, seeking legal representation becomes crucial, and hiring a Prochaska, Howell & Prochaska LLC attorney who specializes in brain injuries can make a significant difference.

Why Hire a Wichita Traumatic Brain Injury Lawyer

Traumatic brain injuries can have profound and lasting effects on individuals’ lives.

Understanding the causes, symptoms, and treatment options is crucial for prompt diagnosis and effective management. Seeking medical attention and appropriate legal representation in cases of TBI is vital to ensure the well-being and rights of those affected.

Here are some of the specific skills that an experienced Wichita traumatic brain injury lawyer like the team from Prochaska, Howell & Prochaska LLC brings to the table on your behalf:

Legal Expertise and Specialization

One of the primary reasons to hire an injury attorney is their specialized knowledge and expertise in this specific area of law.

TBI cases often involve intricate medical details, long-term consequences, and complex legal processes.

Attorneys specializing in this field have experience and a deep understanding of the unique challenges associated with brain injuries, allowing them to provide focused and effective legal representation.

Navigating Complexities of Medical Evidence

TBIs involve intricate medical evidence that needs careful examination and presentation.

A qualified attorney can collaborate with medical experts to establish a clear link between your injury and the incident, ensuring that all relevant evidence is properly documented and presented.

This becomes crucial when seeking compensation for medical expenses, rehabilitation costs, and potential long-term care.

Assessment of Damages

Traumatic brain injuries often result in a range of damaging consequences, including medical bills, lost wages, pain and suffering, and potential long-term care costs. A skilled TBI lawyer can thoroughly assess the extent of these damages, ensuring that all present and future expenses are considered in the legal proceedings.

This comprehensive evaluation is vital for obtaining fair compensation.

Negotiation Skills

Negotiating with insurance companies or opposing parties can be challenging, especially when dealing with the complexities of TBI cases. A brain injury attorney has the negotiation skills to engage with insurance adjusters and legal representatives. Their experience in similar cases allows them to pursue the best possible outcome for you.

Courtroom Advocacy

In some instances, TBI cases may proceed to trial. Having a seasoned TBI attorney by your side is crucial for effective courtroom advocacy. They can present your case persuasively, cross-examine witnesses, and address legal complexities, greatly increasing the likelihood of a favorable verdict.

Access to Resources

TBI cases may require access to various resources, including medical experts, accident reconstruction specialists, and vocational rehabilitation professionals. Your TBI lawyer often has an established network of experts they can tap into to strengthen your case and provide well-rounded support.

Emotional Support and Guidance

The period after someone suffers an injury to their brain is emotionally challenging.

A compassionate TBI attorney not only provides legal assistance but also offers emotional support and guidance throughout the legal process. This holistic approach can help you navigate the complexities with greater confidence and peace of mind.

Traumatic brain injuries are life-altering events that necessitate careful legal consideration. If you or someone you care about has suffered a traumatic brain injury, we can help!

What Are Traumatic Brain Injuries?

TBI is a complex medical condition caused by a sudden external force or trauma to the head, resulting in damage to the brain.

In its most recent data, the Centers for Disease Control and Prevention (CDC) found that there were 214,110 TBI-related hospitalizations across the country in a single year. Those don’t even include the number of TBI injuries that are treated in an emergency department, urgent care, or go untreated.

TBIs can vary widely in severity, ranging from mild concussions to severe injuries with long-term consequences. These injuries can occur in various situations, including accidents, falls, sports-related incidents, or assaults.

Some common types of TBIs are:

• Concussion: A mild form of TBI often results from a blow or jolt to the head. Symptoms may include headache, confusion, temporary memory loss, and dizziness.
• Contusion: Refers to a bruise or bleeding on the brain’s surface, typically caused by a direct impact to the head.
• Penetrating injury: Occurs when an object penetrates the skull and damages the brain’s tissue. Common causes include gunshot wounds or sharp objects.
• Diffuse axonal injury: Caused by strong rotational forces, leading to widespread damage to nerve fibers in the brain. This can result in more severe and long-term impairments.

TBIs can lead to other serious conditions as well, including:

• Meningitis: Meningitis is a bacterial infection of the membranes covering the brain and spinal cord (meninges). If meningitis is not diagnosed immediately, it can lead to brain damage, mental difficulties, neurologic deficits, deafness, loss of digits or limbs, paralysis, and death.
• Hemorrhagic stroke: The bursting of a blood vessel, causing bleeding in the brain.

Medical professionals use imaging tests such as CT scans and MRIs to assess the extent of brain damage.

This evaluation of symptoms and medical history is crucial for diagnosis (and absolutely necessary as evidence in case of future legal action). While mild cases may require rest and monitoring, more severe cases may need surgery, medications, and rehabilitation.

Long-Term Effects and Complications

In addition to physical issues like motor coordination and speech difficulties, the long-term effects of a traumatic injury to one’s brain can include cognitive impairments ranging from memory problems and difficulty concentrating to impaired problem-solving skills.

Emotional and behavioral changes often include mood swings, depression or anxiety, and increased irritability.

Recovery and rehabilitation options include:

1. • Physical Therapy to help with motor skills and coordination.
   • Occupational Therapy in daily activities and cognitive skills.
   • Speech Therapy in addressing communication challenges.

What Are the Common Causes of Brain Injuries?

The medical expenses from a traumatic brain injury can quickly overwhelm a family. When that injury was caused by someone else’s negligence, you’re entitled to seek compensation through an insurance claim or civil complaint. When filing your claim, it will be important to establish who the at-fault party is.

Which of the following common causes of brain injuries would be part of your claim?

Car Accidents

The sudden impact that occurs in a serious car accident can lead to blunt force impact and manifest as concussions or severe brain injuries. If that car accident was caused by a negligent driver, they would be responsible for your financial losses.

Slip and Fall

A slip and fall accident can happen in a grocery store, restaurant, nightclub, movie theater, office building, and other venues. If the owner of that property knew about or did nothing to prevent a hazardous condition, they could be responsible for the premises liability claim.

Workplace Accident

There are many job sites around Wichita that would be considered dangerous. Factories, construction sites, and warehouses can all present risks to the workers. You might be able to seek compensation for a TBI through workers’ compensation insurance, but there is no guarantee you’ll be approved.

Sports Injuries

Contact sports such as football and hockey can lead to concussions. In severe injuries, the player might also suffer from long-term brain damage. If you have a child who was injured playing sports in school, there might have been inadequate equipment provided or unsafe practices engaged in that led to the injury. Those scenarios could be actionable.

Violence & Assaults

A physical altercation can lead to blunt force trauma to your brain. If you did not provoke that altercation, the other person can be charged with assault and battery and be held liable for your injuries.

Whatever the cause of the brain injury you’re dealing with, you need quality medical care and strong legal counsel to navigate your recovery. It is important that you understand what all your options are going forward.

What Compensation Can You Recover From a TBI?

If your TBI was caused by another person’s negligence, you can seek a remedy to cover any economic and non-economic expenses. Here’s what you can recover:

• Medical Expenses
• Hospital bills
• Surgeries
• Physical therapy and occupational rehabilitation
• Medications
• Ongoing care
• Medical supplies
• Modifications to your home
• Lost Wages
• Pain & Suffering
• Loss of Quality of Life

If the traumatic brain injury leads to the death of the injured party, the surviving family might consider filing a wrongful death claim. At Prochaska, Howell & Prochaska LLC, we will always fight for the maximum amount our clients are entitled to.

Frequently Asked Questions

A traumatic brain injury can be life-altering and impact the entire family. As you are working through your recovery and figuring out your next steps, you’ll have questions. We can provide you with the answers to help you make an informed decision about your next move. Let’s begin with the following frequently asked questions:

How will comparative negligence impact my TBI claim?

Kansas follows a modified comparative negligence state. That means you could be found partially at fault for your injury and still be able to receive compensation. The amount of compensation will be reduced by the amount of fault you’re assigned. So, if you’re found to be 20% at fault for your injury, you’ll only get 80% of the final agreed-upon amount.

Can my traumatic brain injury heal?

When brain cells are destroyed or damaged in an injury, they most often do not regenerate. However, through therapy, it’s possible that the brain can “rewire” itself and use other areas to make up for the damaged cells. It is hard to predict the level of recovery because every injury is unique, as is a patient’s response to therapy.

Can the symptoms of a head injury be delayed?

Yes, the symptoms of a head injury could take several days or even weeks before they manifest. Those symptoms can include the following:

• Persistent headaches
• Confusion
• Loss of consciousness
• Memory struggles
• Dizziness
• Seizures
• Nausea
• Mood changes
• Slurred speech
• Difficulty with daily activities

Is there a statute of limitations in Kansas for a TBI claim?

A TBI claim is considered a personal injury claim. In Kansas, you have two years from the date of the injury to file a claim. That doesn’t mean you have to wait until you fully recover from your injury. You can begin the claims process even as you’re going through physical therapy.

How long will it be before I reach a resolution for my TBI claim?

Establishing fault in a traumatic brain injury claim can be extremely challenging. Due to the potential for an expensive settlement, insurance companies are reluctant to provide fast approval. They will want to conduct their own investigation into the incident to determine fault. If they deny the claim and it leads to a civil complaint being filed, that can slow down the final resolution even further.

At Prochaska, Howell & Prochaska LLC, we will also present you with an honest assessment of the challenges you might face when making this type of claim.

Do most of these types of claims settle out of court?

When we take on a TBI claim, we will work carefully with our client to determine the exact scope of losses they are dealing with. Once we’ve carefully calculated the amount, we’ll begin negotiations with the insurance company, which is liable for the compensation. These negotiations can go through several rounds before a fair settlement is offered. When that happens, we’ll present our clients with the number and discuss the likelihood of getting any additional funds. Once the settlement is accepted, there will not be an opportunity to get more.

On the other hand, if the insurance company is reticent to make a fair offer or denies a legitimate claim outright, the only option might be to take them to court. In that case, our attorneys will be fully prepared to litigate the matter before a jury. We’ll also continue negotiations to achieve that fair resolution.

How Prochaska, Howell & Prochaska LLC Can Help With Your Claim

Hiring a Wichita traumatic brain injury lawyer ensures that you and your family receive the advocacy, expertise, and support you need to navigate the complexities of the legal system.

From assessing damages to negotiating with insurance companies, our specialized attorneys at Prochaska, Howell & Prochaska LLC play a crucial role in seeking justice and fair compensation for those affected by traumatic brain injuries.

Contact us today to schedule a free consultation. We’re here to help.