Traumatic Brain Injuries From a Car Accident in Kansas City: Symptoms, Causes, and Your Rights
Traumatic brain injury (TBI) occurs when the brain is damaged by a sudden blow, jolt, or penetrating injury. Car accidents are among the leading causes of TBIs. If you or someone you love sustained a TBI in a Missouri or Kansas car accident caused by another driver, you can seek compensation for medical expenses, lost income, and if the applicable requirements are met, pain and suffering.
TBIs are serious injuries and can be missed or overlooked. Their effects can last a lifetime, and the symptoms do not always appear right away. Here is what causes them, how to recognize the warning signs, and how injury claims work on both sides of the state line.
What is a traumatic brain injury?
A traumatic brain injury happens when an external force disrupts normal brain function. In a car crash, that force can come from your head striking the steering wheel, window, or dashboard, or simply from the brain being shaken violently inside the skull.
TBIs fall into three broad levels of severity:
- Mild TBI, also called a concussion: brief or no loss of consciousness, often with headaches or confusion.
- Moderate TBI: longer loss of consciousness and more lasting symptoms.
- Severe TBI: extended unconsciousness or coma, with a high risk of permanent impairment.
Seatbelts and airbags lower the risk, but they cannot prevent every brain injury in a serious collision.
What causes traumatic brain injuries in car accidents?
Any crash can cause a TBI if the speed, force, and angle are severe enough. Even when a seatbelt keeps you from being ejected, your head can still strike the interior or whip back and forth hard enough to injure the brain.
The crash types most likely to cause a TBI include:
- T-bone collisions, often at intersections
- Head-on crashes
- Rear-end crashes
- Multi-vehicle pileups
People who are not wearing a seatbelt face an even higher risk. Motor vehicle crashes are the second leading cause of TBI-related hospitalizations in the United States, behind only falls, and account for roughly one in four of them, according to the CDC. They are also among the leading causes of TBI-related deaths.
What are the warning signs of a TBI?
Get medical help right away after any serious crash, even if you feel fine, because symptoms can appear hours or days later. Warning signs of a moderate to severe TBI include:
- Repeated vomiting or nausea
- A headache that persists or steadily worsens
- Loss of consciousness, even briefly
- Seizures or convulsions
- Loss of coordination or slurred speech
- Profound confusion or unusual behavior
- Clear fluid draining from the nose or ears
- Uneven or unusual pupil dilation
Some brain injuries can worsen and become life-threatening, which is why prompt care matters even when the symptoms seem mild.
Compensation for a TBI in Missouri and Kansas
A severe TBI often does not heal completely, and the costs add up over a lifetime. Hospitalization, surgery, ongoing therapy, medication, lost income, and assistive care can all follow a single crash. When another driver’s negligence caused the injury, you can seek compensation for the full picture, including:
- Past, present, and future medical bills
- Lost wages and reduced earning capacity
- Pain, suffering, and loss of quality of life
Three legal points matter on the Kansas City state line:
Filing deadlines differ by state. Missouri gives you five years from the date of injury to file most car accident claims (RSMo § 516.120). Kansas gives you only two years (K.S.A. § 60-513). Catastrophic injuries take time to evaluate fully, so it helps to start early.
Neither state caps pain and suffering. In a standard car accident claim, neither Missouri nor Kansas limits noneconomic damages like pain and suffering. Kansas’s general cap became unenforceable after the state Supreme Court struck it down in Hilburn v. Enerpipe (2019). This issue matters in TBI cases, where noneconomic losses are often the largest part of a claim.
Shared fault can reduce recovery. Missouri uses pure comparative fault, so you can recover even if you were partly to blame, reduced by your share. Kansas uses modified comparative fault and bars recovery if you are 50 percent or more at fault (K.S.A. § 60-258a).
What to do after a crash involving a head injury
If you’re involved in a crash and believe you have a head injury, the first steps you take can be some of the most important.
- Get medical attention immediately, even if you feel okay.
- Call the police and make sure a report is filed.
- Keep every bill, record, and notice connected to the injury.
- Photograph the scene and your visible injuries if you can.
- Do not give a recorded statement to the insurer before speaking with a lawyer.
- Contact a personal injury attorney quickly, while details and evidence are still fresh.
If you are not able to handle these steps yourself, a loved one can take them on your behalf.
Frequently asked questions
- How long do I have to file a TBI claim after a car accident? Five years in Missouri and two years in Kansas, measured from the date of injury. Acting early gives your attorney time to document the full extent of a brain injury.
- Can a brain injury show up days after a crash? Yes. Symptoms such as headaches, confusion, or nausea can surface hours or days later, which is why prompt medical evaluation is so important.
- Is a concussion considered a traumatic brain injury? Yes. A concussion is a mild TBI. It still deserves medical attention, since symptoms can worsen over time.
- What is a brain injury claim worth? It depends on the severity and long-term impact. Lifetime care, lost earning capacity, and pain and suffering all factor in, and neither Missouri nor Kansas caps pain and suffering in a standard car accident case.
- Do I need a lawyer for a brain injury claim? A TBI often means lifelong costs, and insurers may undervalue it. An attorney can document your future needs and pursue the full value of your claim.
Talk to a Kansas City brain injury attorney
A traumatic brain injury can change your life in an instant, and you should not have to shoulder the cost of someone else’s negligence. The Kansas City car accident attorneys at Kansas City Accident Injury Attorneys fight to hold negligent drivers accountable and keep insurance companies from shortchanging the people they injure. Kansas City Accident Injury Attorneys helps families with serious and catastrophic injury claims throughout Kansas and Missouri, with offices in Kansas City, Parkville, St. Joseph, Lee’s Summit, Overland Park, and Olathe. Contact us today to schedule a confidential free consultation.
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.