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.