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Kansas City Accident Attorney - Head & Traumatic Brain Injuries
Kansas City Head & Traumatic Brain Injury Attorney Head injury and brain trauma are some of the most serious, and most common, types of injury drivers in Kansas sustain. Traffic-related incidents are not the only cause of head injury or brain trauma. Some other accidents causing such trauma include: work injury, objects falling, slip & fall, etc...Knowing how to recognize the injury, what to do if it occurs and its causes, may protect you in the future.
HEAD INJURIES Head injury is defined as traumatic injuries involving the cranium and intracranial structures (i.e., scalp, skull or brain). Being involved in traffic-related accident or falling, in Kansas, increases the likelihood that you will sustain head injury. Most head injuries are "minor" and do not require medical specialized attention or hospitalization, according to the Mayo Clinic. However, you should call 911 if any of the following symptoms are apparent: Adults
Severe head or facial bleeding
Bleeding or fluid leakage from the nose or ears
Change in level of consciousness for more than a few seconds
Black-and-blue discoloration below the eyes or behind the ears
Cessation of breathing
Loss of balance
Weakness or an inability to use an arm or leg
Unequal pupil size
Any of the signs or symptoms for adults
Refusal to eat
Bulging in the soft spot on the front of the head (infants)
What to do if Head Trauma Occurs
Call 911. Let the dispatcher know that you need assistance and that head trauma has occurred.
Keep the person still. Until medical professionals arrive, keep the injured party quite and lying down, with the head and shoulders slightly elevated. Don't mover the person unless necessary, and avoid moving their neck. Don't remove a helmet if worn by the injured party.
Stop any bleeding. Apply firm pressure to the wound with sterile gauze or clean cloth. If there may be skull fracture, don't use direct pressure on the wound.
Watch for changes. If you notice changes in breathing or alertness take action. If the injured party shows no signs of circulation (i.e., lack of breathing, coughing or movement) begin CPR right away.
Traumatic Brain Injury (TBI) In Kansas City, and across the nation, the impact of brain injury and trauma is becoming more clear; however it remains a major cause of death and disability. A medical diagnosis of traumatic brain injury can range from mild to severe. A traumatic brain injury (TBI) can be caused by a bump, blow or jolt to the head or a penetrating head injury that impacts the normal function of the brain. Such an injury may have long lasting impacts on everything from memory to quality of life. The more traumatic the injury the more likely the immediate, and long term, medical and ongoing care cost will be tens of thousands of dollars. The Center for Disease Control and Prevention noted the leading causes of TBI are as follows:
Falls - 40.5%
Assaults - 10.7%
Struck by/Against Something - 15.5%
Motor vehicle traffic - 14.3%
Unknown/other - 19.0%
According to the CDC, traumatic brain injuries contribute to 30 percent of all injury-related deaths, and children are the most likely to suffer a TBI in a car wreck. A doctor should examine everyone who was in your wreck to ensure that there are no undiagnosed brain injuries, since symptoms like blurred vision and memory loss often go unrecognized, especially in children.
Symptoms of TBI Depending on the seriousness of the TBI, the severity of symptoms may vary. Symptoms may be apparent immediately (right after the event) or delayed (days or weeks later). According to the Mayo Clinic, some symptoms include:
Cognitive: amnesia, inability to speak or understand, mental confusion, difficulty concentrating, difficulty thinking and understanding, inability to create new memories, or inability to recognize common things
Behavioral: abnormal laughing and crying, aggression, impulsivity, irritability, lack of restraint, or persistent repetition of words or actions
Whole body: balance disorder, blackout, dizziness, fainting, or fatigue
Mood: anger, anxiety, apathy, or loneliness
Eyes: dilated pupil, raccoon eyes, or unequal pupils
Gastrointestinal: nausea or vomiting
Sensory: sensitivity to light or sensitivity to sound
Speech: slurred speech or impaired voice
Also common: persistent headache, a temporary moment of clarity, bleeding, blurred vision, bone fracture, bruising, depression, loss of smell, nerve injury, post-traumatic seizure, ringing in the ears, or stiff muscles
Children's Symptoms As the Mayo Clinic noted, "Infants and young children with brain injuries may lack the communication skills to report headaches, sensory problems, confusion and similar symptoms. In a child with traumatic brain injury, you may observe":
Change in eating or nursing habits
Persistent crying and inability to be consoled
Unusual or easy irritability
Change in ability to pay attention
Change in sleep habits
Sad or depressed mood
Loss of interest in favorite toys or activities
When to Seek Medical Attention We suggest that immediately following an accident, to include those with head injury, you seek medical attention. If after that initial visit you, or your loved ones, are experiencing any of the symptoms noted above seek immediate emergency care. Even a "mild" head injury is serious and should be discussed with, diagnosed and treated by a doctor
Following an accident if you experience changes in your sleeping pattern, unusual moodiness, inexplicable sleepiness, etc... you may have suffered a head injury or TBI. Often times a brain injury and a spinal cord injury occur simultaneously. The true impact of such an injury may not be immediately apparent. In fact, it can take sometimes weeks and months to recognize the symptoms. Often times when the injured party returns to the rigors of life is when he/she may realize how much the injury has changed life. You will need a Kansas TBI and head injury lawyer by your side who can help you get the care you need and the compensation you deserve. Call Attorney T. Morton today for your free consultation 913.602.7288.
What am I entitled to for my head injury? Head injury, generally, directly interferes with your ability to complete everyday activities without pain. It also can hinder your enjoyment of extra-curricular activities you once participated in. Kansas law requires that if a person is found negligent he or she may be held financially responsible for your damages, such as pain and suffering and loss of enjoyment of life. The at-fault party may also be held responsible for compensatory damages, such as:
Loss of future income
Loss of household services
NEGLIGENCE DEFINED Negligence is defined as the failure of a person, company, government agency or other entity to operate or function with the same level of care that another responsible party would use in the same circumstances.
How long will your case take to be resolved? Resolving a personal injury case can be as short as several days, or as long as several years. There are many factors that go into determining how long a personal injury claim can take to resolve, and Attorney T.Morton can adequately explain these factors to you. Contact us for your free consultation 913.602.7288 or complete this FORM.
Why hire a head injury attorney? An attorney can help you consider how this injury will effect you over your lifetime. You may require ongoing medical care, therapy, assistance, etc...Have you considered that you may not be able to fully perform your job duties, which could cause you to be terminated from your job? Have you considered that you may never stop having pain that require medical treatment and medication? These are a couple, of the many, questions a trained attorney will consider when seeking compensation for your head injury. This injury and the personal injury laws are complex. You need an attorney by your side. Call Attorney T. Morton today @ 913.602.7288 or complete this FORM.
SPEAKING TO THE KANSAS CITY INSURANCE COMPANY Surely you have seen the commercials, and read the blogs, that instruct you not to speak to the insurance company before speaking to a Kansas City attorney. This may leave you wondering what to say, since at the very minimum you have to notify them of your accident. Giving the basics is best, as follows:
Where the accident occurred. You can share specific streets, locations, etc...but do so precisely (ex. "The car crash was at 5th & Main Street, Kansas City, Kansas 66210.");
When the injury took place. This is only to include the month, day, year and time of the accident (ex. "Tuesday, November 15, 2016 at 12:50 p.m..");
The type of accident. Be careful here not to draw conclusions, give details or take fault for the accident (ex. "The accident was a car vs. car.");
You were injured and have/plan to seek medical care. If you have already received care for something (ex. a cut that required stitches on the date of the accident) you can share that with the insurance company. Make certain to also tell the adjuster that the full extent of you injuries are still under investigation and that the necessary details will be provided through your attorney. Do not minimize you injuries. Do not say that you are only seeking medical attention for a specific injury. There may be injuries that you cannot see and/or that take weeks to manifest.
Who/what was involved. State just that and only that (ex. "My 2010 Saturn, L200 and the other party's 2012 Toyota, 4Runner.").
It probably will feel strange to speak in this matter-of-fact fashion. To make this easier, we suggest that you set boundaries at the beginning of the conversation (ex. "This accident and my injuries are still under review, and I am under/will be seeking medical care and professional advice. I will be providing you only with the details necessary to notify you that I was in an accident that caused me injury and damages.") Remember- Do not put anything in writing, sign any documents, or allow a recorded conversation without speaking to an attorney first.
Because Kansas is a "no-fault" car insurance state, you will have to make a report to your personal insurance company too. You will likely have, as part of accepting your insurance policy, already given them rights to records, information, etc...You should cooperate with your insurance company while will still remaining firm in only providing the basics, pending full investigation into your damages and injuries. Remember that anything you say to your insurance company can be used against you later, by the at-fault party's insurance company, and will impact your future claim for compensation.
YOUR CONVERSATIONS WITH THE, AT-FAULT PARTY'S, KANSAS CITY INSURANCE COMPANY - QUICK TIPS
NO RECORDED STATEMENTS OR SIGNING OF DOCUMENTS. They may ask for your consent to record. Decline. If the adjuster refuses to complete the conversation, without recording, discontinue the call. Your permission must be given to be recorded. You may receive documents that appear to be (or are even titled as) "routine" or "normal procedure" do not sign those, or anything else without speaking to your attorney.
Be polite and calm. They are not your friend but, not your enemy either. Maintain a professional, and polite, demeanor and tone during your conversation. Understandably, this may an emotionally difficult time for you, but stay calm. If you feel yourself becoming overwhelmed (with anger, frustration, anxiety, fear, sadness, etc...), take a break or ask that the adjuster call you back. Don't feel pressured to continue if you cannot be both polite and calm. The adjuster is taking notes.
Document the name of the person you are speaking with, their agent number and, the date and time you spoke to them. Keeping records and being organized will benefit you in the long run. Your attorney will want this information too.
Give no details. As noted above, keep your statements to simply the facts and nothing more. It may be uncomfortable, and you may be tempted to get into a seemingly casual conversation with the adjuster, always remember the adjuster is not your friend and your statements now can be used to lower your compensation later.
Provide limited personal information. As mentioned above you don't need to give details additional details surrounding your personal information (ex. your work schedule or your family members' information).
Take notes. The car insurance company will be taking notes about your conversation, and you should too.
Do not give consent to access to your records. This includes medical records, employment records or other personal records. You also do not have to provide the name, address, phone number, etc...of any of the professionals from which you have, or will, seek care. Simply remind the adjuster that any pertinent information will be provided when you have full details, and after you speak to your attorney.
Don't agree to have an exam by, or in the presence of, anyone affiliated with the insurance company.
When in doubt speak to an attorney. You may have a gut feeling that you should not answer a question, or that you have lost control of the conversation. It is better to end the call and contact an attorney than to regret continuing later. Remember that the adjuster is a trained agent of the insurance company, and while you may have done this only once, they have done this hundreds of times.
TAKE ACTION TODAY The selection of T.Morton, and her personal injury team, is an important one and should not be taken lightly. We are dedicated to you and your case. We offer a competitive fee structure for winning your case. T. Morton, Kansas personal injury lawyer, will help you through the process and assists you in getting the compensation you deserve. Contact us for your free consultation 913.602.7288 or complete this FORM.
Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship.