Overland Park’s Traumatic Brain Injury Advocates: Redefining Justice, Restoring Lives

A traumatic brain injury (TBI) can have a lasting impact on an individual’s life, affecting their physical health, mental well-being, and financial stability. If you or a loved one has suffered a TBI due to an accident or another person’s negligence, you may be entitled to compensation for various damages. The damages you can recover will depend on the specifics of your case, but generally, they fall into the following categories. Consulting an experienced Overland Park Brain Injury attorney can help ensure you receive the compensation you deserve.

1. Medical Expenses Medical expenses often constitute many of the damages in a TBI case. These can include:
   • Emergency care, hospital stays, and surgeries
   • Diagnostic tests like CT scans, MRIs, or neuropsychological evaluations
   • Ongoing rehabilitation treatments, including physical therapy, speech therapy, and occupational therapy
   • Medications and assistive devices such as wheelchairs or adaptive equipment
   • Future medical care required for long-term brain injury management

2. Lost Wages and Future Earnings: If your injury prevents you from working temporarily or permanently, you can seek compensation for lost wages during recovery. If the TBI causes long-term or permanent disability, you may be entitled to compensation for future lost income. This can include:

• • Lost income from missed work
  • Impact on career advancement or opportunities due to disability
  • Reduced earning capacity due to ongoing cognitive or physical limitations

3. Pain and Suffering Pain and suffering compensation covers both physical pain and the emotional distress caused by a traumatic brain injury. It accounts for the discomfort, frustration, and psychological impact of the injury, including:

• • Ongoing physical pain or discomfort from the injury
  • Emotional suffering like anxiety, depression, mood swings, or post-traumatic stress disorder (PTSD)
  • Mental anguish from the impact of the injury on personal relationships and day-to-day life

4. Loss of Enjoyment of Life TBIs can significantly reduce one’s ability to engage in previously enjoyed activities, such as hobbies, sports, or social events. Compensation for loss of enjoyment of life can be awarded if the injury restricts these activities and affects your quality of life. This includes:

• • Inability to participate in recreational activities, sports, or travel
  • Impact on social life and relationships with family and friends
  • Reduced ability to care for oneself or others

5. Loss of Consortium If a TBI affects your relationship with your spouse or family members, they may also be entitled to compensation for the loss of companionship, affection, and support. Loss of consortium damages aims to compensate family members for the emotional toll of the injury on their relationships.
6. Punitive Damages In cases where the defendant’s actions were grossly negligent, reckless, or intentional, punitive damages may be awarded. These damages punish the defendant for their actions and deter others from engaging in similar behavior. While punitive damages are not common in personal injury cases, they may apply if the responsible party disregards safety.
7. Property Damage If your TBI resulted from an accident involving property damage (such as a car crash), you may also recover damages for any damage to personal property, such as a vehicle, electronics, or personal belongings.
8. Home Modifications and Support Services In severe cases, TBIs may result in permanent disability, requiring home modifications for accessibility (such as ramps, wheelchair lifts, or bathroom adaptations). Compensation can cover these necessary changes and the cost of long-term care or in-home support services.