Kansas Brain Injury Lawyer

Serving Reno County, Sedgwick County, Saline County, Finney County, Ford County, Seward County, and Ellis County

Brain injuries are scary and can have long-term, life-altering effects. When you suffer a brain injury that could have been prevented had someone been more careful, you deserve compensation.

If you are reading this, you may have experienced a Traumatic Brain Injury, or TBI. This may have caused you pain. You may be out of work as a result of the injury, causing financial strain. You are most likely stressed and looking for someone to help you with your brain injury claim.

Let us help. We offer free legal advice. Call our Kansas brain injury lawyers today.

Don’t worry that you’ll need money upfront to pay for the answers to your legal questions. Call us as soon as possible to schedule your free legal consultation.

The information on this page will give you an overview of your brain injury claim. We’ll start with the common mistakes we see people make with brain injury claims in Kansas. Then, you’ll read a story that will provide you with additional answers about brain injury claims. Make sure you read this page in its entirety to get the most from the information. Then contact us to schedule your free legal consultation so we can discuss the details of your specific claim.

Common Brain Injury Claim Mistakes

It’s unfortunate that there are so many ways to slip up and damage your brain injury claim. Please read each of these to keep from making the same mistakes.

Not Getting a Medical Exam

One of the biggest mistakes we often see is people failing to get a medical exam after their brain injury. The reason for this is often because the body floods with adrenaline and cortisol during traumatic experiences, making pain harder to gauge. These same stress hormones can also provide a surge of energy that further supports the victim’s belief that they are “fine” when in fact they are not.

If you fail to seek medical care after a brain injury, you’ll be putting your welfare at risk and risking your claim. The insurance company can and will use any information they can get to suggest that you aren’t as badly injured as you claim. The less injured you are, the less money they have to pay out. The less money they have to pay out, the more they get to keep.

Get yourself to medical professionals after a head injury to be certain of where you stand with injuries. This will also create an official record of those injuries. It’s important to get this evaluation as soon as possible, so that the record of your injuries coincides with the timeline of the accident. This becomes another strong piece of evidence that you were, in fact, injured.

Not Following the Treatment Plan Outlined by Your Doctor

After receiving medical treatment for your injuries, the doctor will provide you with a treatment plan. This can involve a range of things, from various medical treatments and therapies to a medication that should be taken on a set schedule. It’s important to be diligent about following any instructions you are given by the doctor. Failing to do this is another big mistake that can damage your claim.

If you don’t take enough care to follow your doctor’s instructions, the insurance company can try to blame you for any lack of progress you encounter in your recovery.

If you take on too much after your injury, the insurance company can claim your condition is your own fault or that you may not be that badly injured. Be sure to follow the doctor’s instructions for treatments, medications, and rest during your recovery.

Giving a Recorded Statement to the Insurance Company

After a brain injury, you can expect the insurance company to call and ask you for a recorded statement. They may try to convince you this is necessary to move your case along. This is a lie.

When the insurance company calls, what they are looking for is information that can be twisted around to place the blame on you for your injury. This may seem outrageous, but the more blame they can deflect, the less they have to pay in damages.

It’s important to know that you’re not obligated to speak to the insurance company at all. When they call, you are well within your rights to tell them, “No, thank you,” and hang up the phone. Even better, try to avoid answering their calls altogether. They are best handled by your Kansas brain injury lawyer.

Being Too Slow in Calling a Lawyer

Another big mistake we see is people believing that they can use the statute of limitations for filing a claim as a deadline for choosing a lawyer. Even if this is technically true, you’ve got to remember that evidence will become harder to find with each passing day. Accident scenes get cleaned up. Neighborhood cameras may get recorded over. Witnesses move.

Give your lawyer the chance to build your strongest possible case by getting started as soon as you are able.

Selecting a Lawyer Who’s Not a Good Fit for Your Claim

Even if you only make this one mistake, it has the potential to destroy your claim. Remember that lawyers, like doctors, have areas of focus. You base your choice of medical professionals on finding a specialist for what ails you. Similarly, you should choose a lawyer who specializes in personal injury to handle your brain injury claim.

And when you select a personal injury attorney, be sure to hire one with a great record of success at trial. Your case may not go that far, but if it does need to go before a jury, you’re going to need a lawyer who knows how to win at trial. It’s also possible that your trial lawyer’s reputation alone will make the insurance company receptive to negotiating a fair settlement. Your strongest brain injury case will always be made by an experienced personal injury trial attorney.

Melinda Young assists people with personal injury matters in the following locations: Buhler, Burrton, Cheney, Garden Plain, Haven, Hutchinson, Inman, Kingman, Nickerson, and Sterling.

Kansas Brain Injury Client Story

We are providing the following story in hopes of answering additional questions you may have about your brain injury claim. Even though the names and specifics of the case have been changed to protect our client’s privacy, you’ll find plenty of value in the information. Be sure to read it all the way through so that you get as much from it as possible. When you’ve finished, please take us up on our offer of free legal advice. Call us as soon as possible to schedule your free legal consultation.

On a frosty evening two days before Christmas not so long ago, Martin Perry and his wife, Kate were drove to the airport in Wichita to pick up Kate’s parents, Ed and Cindy, for a holiday visit.

It had been almost two years since they’d seen Kate’s parents. Martin had been offered a position within his company that was too good to pass up, resulting in their unexpected relocation from Florida to Wichita. The move was expensive, but worked for the family in many ways, including allowing Kate to spend the rest of their children’s elementary school years as a stay-at-home mom.

Martin’s new salary helped a lot with the cost of the move, but it had taken them until this December to pay off their related debts. They were finally sorted out financially and able to resume their retirement and college savings. This year, Martin had also managed to take the entire week off to spend with Kate, Cindy, Ed, and the kids.

Kate and Martin were relaxed and happy as they drove, talking about the week ahead and plans for the future. As they approached the exit from Kellogg onto Eisenhower Airport Parkway, Martin slowed, preparing for the icy off-ramp. As he tapped the brakes, he and Kate were momentarily blinded by the glare of the brights on a red Mazda behind them. The glare quickly blinked “off” as the car crept so close to their bumper, they could no longer see the sports car’s high beams.

“What’s this guy’s problem?” Martin asked rhetorically as he tried to navigate the turn safely. With the car so close, he couldn’t even pull over.

Halfway down the narrow ramp, the Mazda swerved sharply around them, clipping their left rear bumper as it swung around them and cut them off. The car was thrown into a spin on the icy slope. Kate screamed.

Martin managed to keep the car on the ramp until it rejoined the road below, but that was the best he could do. The car slid off the road onto the shoulder between the two veins of Eisenhower and rolled twice before settling on its side in the snow.

Luckily for the couple, there were multiple witnesses to the accident. Not only did they call 911 and pull over to help, more than one driver gave the police the license plate of the Mazda. He was arrested for reckless driving less than an hour later.

Martin has no memory of the accident. He remembers the flash of the Mazda’s brights, then seeing his family’s worried faces as he lay in the hospital bed. He remembers the words “brain injury,” as his doctor explained that he’d been in an accident.

Christmas didn’t turn out as anyone had planned, but Kate was grateful for her parents’ comforting presence. They extended their stay indefinitely to keep the kids occupied while Kate stayed with Martin in the hospital. She too had suffered injuries, but they were limited to a neck sprain, two cracked ribs, and a broken arm.

Martin had suffered a fractured hip and broken clavicle, in addition to the TBI.

The doctors weren’t yet sure how long it would take him to be able to leave the hospital. For now, they focused on getting the swelling down in his brain.

The broken bones would heal with time, but they needed to make sure there were no delayed problems caused by the brain injury. Though it was too soon to tell, as of his fifth day in the hospital, Martin was having difficulty speaking and writing.

Martin did have feeling and mobility in his legs, but was having difficulty with the physical therapy for his hip. He found both balance and walking very challenging. How much of that was due to his brain injury remained to be seen.

Kate called us toward the end of Martin’s second week. He’d made some progress with his speech, she said, but at the time of her call the road was still long and uncertain. She and Martin wanted information about filing a traumatic brain injury claim. Kate said their three main questions were: how much it would cost to hire our firm, what was Martin’s claim worth, and how long would it take?

How much does it cost to hire a lawyer for my brain injury claim?

We arrived at the hospital to find Martin out in the hallway, gingerly taking steps back toward his room with the help of a physical therapist. It was clear that Martin needed help with walking. Muscled like a bull, the therapist was carefully supporting a good deal of Martin’s weight as he took halting steps using a walker. It was as if he were learning to walk all over again.

When everyone was settled back in the room, Kate said, “First thing’s first. How much does it cost to hire your firm?” She hastily added, “I’m sorry to be so blunt, but as you can imagine, finances have been strained by the present circumstances.” Her sad smile failed to reach very tired eyes.

“It’s a completely understandable and necessary question,” our lawyer answered. “Our firm operates on a contingency fee model. This means that there is no up-front cost. We don’t get paid unless we bring Martin’s claim to a successful resolution.”

“And we can pursue a civil claim even if the driver who ran us off the road is facing criminal charges for reckless driving?” Kate asked.

“Absolutely, you can.”

“Well, that certainly is good news,” Kate replied.

How much is my case worth?

“It is good news,” Martin said haltingly, adding, “How much do you think my claim is worth?”

We explained that it’s hard to know the value of a claim at the very beginning.

“That’s because we need to get information first. We’ll start with an investigation, gathering evidence and witness statements.

“Next, we’ll need you to reach maximum medical improvement. This means recovering to the point that your doctors would consider you back to your ‘normal.’ If that is no longer attainable due to your injuries, then we’ll need you to reach what your doctors consider your ‘new normal.’ This means you don’t have any more surgeries to undergo as a result of the accident. It also means we have a clear picture of what your future medical care looks like regarding accident injuries.

“When you reach maximum medical recovery we’ll know your damages, which will tell us what your brain injury claim is worth. Until then, Martin, your job is to direct all of your energy toward your recovery. Follow your doctor’s treatment plan and get as much rest as possible.”

“Fair enough,” Martin replied, looking to his wife. He’d run out of steam.

How long will my brain injury claim take?

Kate picked up the thread. “How long would you expect a claim like Martin’s to take?”

“Unfortunately, when it comes to timeline, there is no claim like any other. Each claim is unique, making it nearly impossible to predict how long it will take. That’s because, like the case value, the timeline will depend on two things.

“The first thing is how long it takes us to understand Martin’s damages. The pace of his recovery will determine this.

“Once we know Martin’s damages, we’ll send a demand letter to the insurance company of ‘Mazda Guy.’ This brings us to the second thing that will determine the case timeline — whether the insurance company responds in a fair and reasonable manner.

“If they do, the case moves along quickly and it’s smooth sailing. If not, we take them to court.

“Don’t worry if we end up going to trial. Our firm has a long and successful record of trials in cases similar to yours.

“The insurance companies know our reputation, so there’s always the possibility they will be open to negotiation to avoid a trial. Either way, we’ll be ready. That’s why we always recommend you hire a trial lawyer, no matter which firm you choose.”

Martin and Kate were satisfied with our answers to their questions and retained our firm. Today, we are happy to say that we got Martin seven times the amount the insurance company initially offered.

Call Our Kansas Brain Injury Lawyers Today

Suffering a brain injury is terrifying and can cause long-term physical, cognitive, and emotional problems. We hope the information on this page has given you answers to some of the questions you have about brain injury claims. That said, every case is unique. Please contact us as soon as possible for answers about your specific claim in a free legal consultation. You don’t have to figure this out alone. Call us today.

How much will it cost to hire a lawyer?

The first question Christopher asked was, “How much are you going to charge my Grandma to hire you?”

We told them both there was no charge for the free consultation to answer questions and give Louise a good idea of whether she might have a bus accident case worth pursuing. We were there to answer their questions, no strings attached.

Next, we told Louise, “If you decide to hire us, there will be no upfront charge, either, because we work on a contingency basis. This means that we only get paid if we win your case for you.”

Both Louise and Christopher were satisfied with this arrangement.

How much is my case worth?

Next, Louise asked, “How much do you think I could be awarded if you win my case?”

“It is nearly impossible to accurately predict the value of a case right at the start,” our bus accident attorney responded, adding “This is because we need to investigate your accident and find out all the factors around what happened. We need to identify all responsible parties, and we need to get a clear picture of your damages first.”

We let Louise know that if she decided to move forward, we would get started on the investigation right away.

This would involve collecting evidence, getting witness statements, and doing all the paperwork to properly file her claim.

We let Louise know that her job was to rest and recover. “This includes following your doctor’s orders for recovery,” our lawyer told her. In the weeks following the removal of the pins in her wrist, Louise would need to go to the hospital physical therapy room twice a week to regain her range of motion.

We told them both that it was important for Louise to reach maximum medical improvement.

This term means the level of recovery that allows doctors to declare you either back to your previously enjoyed level of function, or else tell you that you’ll need to get used to a lesser level of function as a result of your injuries.

Reaching maximum medical improvement is important because it is the point at which doctors know for sure that you are finished with surgeries, and what future medical treatment may be needed.

Attorneys need this information to gain a complete understanding of both your economic and non-economic damages, now and into the future.

Once we have a solid understanding of your damages, we can tell you what your bus accident case is truly worth.

We explained this to Louise and Christopher, and they nodded and agreed that it made sense.

How long will my bus accident injury claim take?

Christopher next asked, “How long will it take for my Grandma to receive compensation for her bus accident claim?”

Again, we had to tell them this is difficult to determine in the beginning.

Our lawyer elaborated, “The timeline of your bus accident injury claim will depend upon two factors. The first is making sure we’ve accounted for all of your damages. The second is whether the insurance company is going to work with us or against us.”

We went on to tell them that once we understood the totality of Louise’s damages, we would have the information needed to send a demand letter to the insurance company.

“If the insurance company is agreeable and works with us toward a fair settlement, we can resolve your case quickly. Sometimes, however, insurance companies are not cooperative. In that case, we’ll take your case to court.”

We assured Louise that if the case did go to trial, she needn’t worry. We prepare every case as if it’s going to trial from the start.

This is another reason it is very important to hire a trial lawyer who is experienced in personal injury.

We assured Louise that hiring an experienced bus accident trial attorney would get her the best result.

Louise and Christopher agreed with our assessment and retained our law office. Today, we can happily say that Louise received an award that was six times the amount that was initially offered by the insurance company.

A few weeks after Louise came home from the hospital, Christopher invited Albert Johnson to dinner to thank him for being there for his grandma. Albert was very happy to see the joyful sparkle back in Louise’s eyes and remains friends with Louise and Christopher to this day.

Call our Kansas Bus Accident Attorneys Today

Whether a bus is public or private, the potential for serious damage is great.

Buses lack seatbelts and other safety features for passengers, and the standing position that riders must often adopt leaves them vulnerable to being thrown through the cabin. The sheer size and weight of buses pose a danger to any vehicle involved in a crash with a bus, as well.

We hope this article has helped you to understand your bus accident injury claim. Though each case is unique, avoiding these common mistakes will strengthen every personal injury case. Call our office today so we can answer any questions you have during a free consultation.

You don’t have to go through this alone. Contact us for free information today.