A traumatic brain injury, or TBI, is more than just a medical diagnosis. It's a life-altering event that can instantly change the future for an individual and their family. The path to recovery can be long, challenging, and filled with uncertainty. While some injuries are unavoidable accidents, many are the direct result of another person's carelessness.
Negligence is a legal term for when someone fails to act with reasonable care, and that failure leads to another person’s injury. When this carelessness results in a severe head injury, the consequences are devastating. It transforms a preventable incident into a lifelong struggle, imposing significant physical, emotional, and financial burdens on the victim and their loved ones.
When someone else’s negligence causes a TBI, the injured victim has rights and options for holding the responsible party accountable.
Key Takeaways for TBIs Caused by Negligence
- A traumatic brain injury (TBI) can occur when a person or entity fails to exercise a reasonable level of care to prevent harm to others.
- Legally, this failure is known as negligence and involves establishing a duty of care, a breach of that duty, a direct link between the breach and the injury, and resulting damages.
- Common situations where negligence causes TBI include motor vehicle collisions, unsafe property conditions, and workplace incidents.
- The effects of a TBI are extensive and can impact a person’s physical abilities, cognitive function, and emotional well-being.
- Documenting symptoms, medical treatments, and expenses is a critical part of the recovery process after a TBI caused by negligence.
Understanding Negligence in the Context of a Traumatic Brain Injury
When we say that negligence causes TBI, we are referring to a specific set of circumstances. It’s not just about an accident happening. It’s about an accident that could and should have been prevented if someone had been more careful. In the legal world, proving negligence requires showing four distinct elements.
- A Duty of Care: This means one person had a responsibility to act in a certain way to protect others from harm. For example, every driver on the road has a duty to operate their vehicle safely and follow traffic laws to protect other drivers, pedestrians, and cyclists.
- A Breach of That Duty: This occurs when the person fails to live up to their responsibility. A driver who texts while navigating the busy interchanges of the Grandview Triangle in Kansas City has breached their duty of care.
- Causation: This is the direct link between the breach of duty and the injury. The TBI must have been a direct result of the other person’s careless action. In our example, the car crash caused by the texting driver directly resulted in the victim's head injury.
- Damages: This refers to the real harm the victim suffered. Damages can include medical expenses, lost wages from being unable to work, long-term care costs, and the physical and emotional pain caused by the injury.
These four elements form the foundation of a personal injury claim. Successfully demonstrating each one is crucial for holding a negligent party accountable for the harm they have caused.
Common Scenarios Where Negligence Causes TBI
Traumatic brain injuries can happen in countless ways, but many of the most severe cases stem from a few common types of preventable incidents. Recognizing how these situations arise from carelessness can help clarify how another party might be responsible for a TBI.
Car, Truck, and Motorcycle Accidents
Roadways are one of the most common places where negligence causes TBI. The sheer force involved in a vehicle collision can easily lead to a severe head injury. Drivers who make irresponsible choices put everyone around them at risk.
Some examples of driver negligence include:
- Distracted Driving: This goes beyond texting. It can include adjusting the radio, eating, or talking to passengers instead of focusing on the road. Both Missouri and Kansas have laws addressing texting while driving, such as the Missouri statute 304.820, because it is a known and dangerous hazard.
- Driving Under the Influence (DUI): A driver impaired by alcohol or drugs has slowed reaction times and poor judgment, making them a significant threat on highways like I-70 or I-35.
- Speeding or Aggressive Driving: Exceeding the speed limit or engaging in reckless behaviors like tailgating and unsafe lane changes dramatically increases the risk of a serious crash.
- Commercial Truck Driver Error: When a semi-truck driver is fatigued, improperly trained, or their vehicle is poorly maintained, the results can be catastrophic for those in smaller passenger cars.
These are not simply "accidents," but preventable events where a TBI caused by negligence could have been avoided if the at-fault driver had acted responsibly.
Slips, Trips, and Falls (Premises Liability)
Property owners, from a small local shop to a large corporation, have a responsibility to keep their premises reasonably safe for visitors. This legal concept is known as premises liability. When they fail to do so, and someone suffers a TBI in a fall, the owner can be held liable.
Common examples of property negligence that lead to falls include:
- Wet or slippery floors without proper warning signs.
- Poorly lit stairwells or hallways.
- Uneven pavement, cracked sidewalks, or potholes in a parking lot.
- Failing to clear ice or snow from walkways in a timely manner.
- Unsecured rugs or mats.
Whether it’s a fall at a store near the Country Club Plaza or in an apartment building, the owner's failure to maintain a safe environment is a form of negligence that can cause a devastating TBI.
Workplace and Industrial Incidents
Employers have a duty to provide a safe working environment for their employees. This includes proper training, functioning safety equipment, and well-maintained machinery. When they cut corners on safety, the risk of a serious head injury increases dramatically.
A TBI caused by negligence in the workplace can happen due to:
- Falls from heights due to a lack of guardrails or safety harnesses.
- Objects falling from above because of improper storage or securing.
- Explosions or equipment malfunctions.
- Inadequate training on how to operate heavy machinery.
Organizations like the Occupational Safety and Health Administration (OSHA) set standards for workplace safety, and failing to meet these standards can be clear evidence of negligence.
The Far-Reaching Impact of a TBI
A traumatic brain injury is often called an "invisible injury" because the most significant damage may not be visible to the outside world. However, the effects are deeply felt by the survivor and their family, impacting every aspect of their life. The symptoms can be wide-ranging and persistent.
The consequences of a TBI can be grouped into several categories:
- Physical Effects: These can include chronic headaches or migraines, dizziness and balance problems, persistent fatigue, seizures, and sensitivity to light and sound.
- Cognitive Effects: Many survivors struggle with memory loss, difficulty concentrating or paying attention, slowed thinking, and challenges with problem-solving and executive functions like planning and organizing.
- Emotional and Behavioral Effects: A TBI can cause significant changes in personality and mood. It’s common to experience depression, anxiety, irritability, and sudden mood swings that can be confusing and distressing for both the individual and their loved ones.
These symptoms can make it difficult or impossible to return to work, maintain relationships, or even perform simple daily tasks. The long-term financial burden of medical care, rehabilitation, and lost income only adds to the immense stress a family faces after a TBI caused by negligence.
Steps to Take After a TBI Caused by Suspected Negligence
After returning home from the initial emergency medical response, the journey of recovery truly begins. During this confusing and overwhelming time, there are steps you can take to protect your health and your rights, especially if you believe someone else’s carelessness caused the injury.
- Prioritize All Medical Care: Your health is the absolute top priority. Follow every instruction from your doctors, attend all physical therapy, occupational therapy, and other rehabilitation appointments, and be honest about the symptoms you are experiencing. Consistent medical treatment is not only essential for your recovery but also creates a clear record of the injury’s severity.
- Document Your Experience: Keep a simple daily journal. Write down how you are feeling, both physically and emotionally. Note any headaches, memory lapses, or difficulties with daily tasks. This personal record can be incredibly valuable later on, as it provides a detailed account of how the TBI is impacting your life beyond what medical charts might show.
- Organize All Paperwork: Designate a folder or box to keep every piece of paper related to the injury. This includes medical bills, explanation of benefits statements from your insurer, receipts for prescriptions and medical equipment, and any letters or emails you receive from insurance companies.
- Be Cautious in Communications: Be aware that insurance adjusters for the at-fault party may contact you soon after the incident. Their goal is often to minimize what their company has to pay. It is wise to be careful about what you say in these conversations and to avoid giving a recorded statement or accepting a settlement offer before you fully understand the long-term consequences of your injury.
Taking these organizational steps can help bring a sense of control during a chaotic time and ensures that important information is preserved.
FAQ for How Negligence Causes TBI
Here are answers to some common questions we hear from individuals and families dealing with a serious head injury.
What if I am partially at fault for the accident that caused my TBI?
Both Missouri and Kansas use a system called "comparative fault" to handle situations where more than one person is to blame. However, the states apply it differently. Missouri uses a "pure" comparative fault rule, meaning you can still recover damages even if you were 99% at fault, though your compensation would be reduced by your percentage of fault. Kansas uses a "modified" comparative fault rule, which means you can only recover damages if you are found to be less than 50% at fault for the incident.
How long do I have to file a claim for a TBI in Missouri or Kansas?
Every state has a time limit for filing a personal injury lawsuit, known as the statute of limitations. In Missouri, you generally have five years from the date of the injury to file a claim. In Kansas, the time limit is generally shorter, at two years from the date of the injury. It is critical to be aware of these deadlines because if you miss them, you may lose your right to seek compensation forever.
Can a TBI be caused even if I didn't lose consciousness?
Yes, absolutely. This is a common and dangerous misconception. Many serious and life-altering traumatic brain injuries, including concussions, occur without any loss of consciousness. The severity of a TBI is determined by the extent of the brain's dysfunction, not whether a person passed out at the scene of the incident.
What kind of compensation can be recovered in a TBI case?
Compensation, or damages, is intended to help restore the victim to the position they were in before the injury. It is typically broken into two categories. Economic damages are for measurable financial losses, such as past and future medical bills, lost wages, and reduced earning capacity. Non-economic damages are for intangible harms like pain and suffering, emotional distress, and loss of enjoyment of life.
Why is a TBI case considered so complex?
TBI cases are uniquely complex because the injury itself is multifaceted and its full impact may not be known for months or even years. Proving the extent of the injury and its long-term consequences often requires testimony from a range of professionals, including neurologists, neuropsychologists, life care planners who can project future medical needs, and economists who can calculate lost future income.
Charting Your Path Forward with a Trusted TBI Lawyer
Life after a traumatic brain injury is an immense challenge. When that injury was caused by someone else’s negligence, it adds a layer of injustice that can be difficult to bear. You are not just dealing with medical appointments and rehabilitation; you are facing a future that has been unfairly altered. You do not have to walk this path alone.
At Presley and Presley Trial Lawyers, our focus is on providing compassionate and determined advocacy for those who have suffered catastrophic injuries. We understand the complexities of TBI cases and are dedicated to holding negligent parties accountable so our clients can access the resources they need to heal and move forward.
If you or a loved one has suffered a traumatic brain injury due to someone else's actions, please contact us at 816.931.4611 or through our online form for a confidential, no-cost consultation to learn more about your rights and legal options.