When you or someone you care about suffers a head injury in a car crash or another serious accident, life can change instantly. Headaches, confusion, memory loss, and mood swings may seem minor at first, but they can signal a traumatic brain injury (TBI). While some TBIs improve with treatment, others permanently alter daily life.
Knowing the medical differences between an open and closed TBI, and how you may pursue compensation when someone else is at fault, can make the difference in protecting your rights and seeking fair compensation for your losses under Missouri law. Early decisions shape outcomes. With your FIRST CALL to Horn Law, we begin the legal work immediately while you focus on treatment. Our rapid response protects both open and closed TBI cases from the start.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when an external force disrupts normal brain function. These injuries are generally grouped into two categories: open (penetrating) and closed (non-penetrating). Both can be serious and require immediate medical care and careful follow-up.
The National Institute of Neurological Disorders and Stroke explains the difference this way:
- Open (penetrating) TBI happens when something breaks through the skull and enters the brain tissue, such as a bullet, shrapnel, or bone fragment. These injuries usually affect a specific area of the brain.
- Closed (non-penetrating) TBI occurs when the skull remains intact but the brain is injured inside. The brain may move and strike the skull, leading to bruising, bleeding, or stretching of brain cells. Falls, car accidents, and sports injuries are common causes.
In some cases, a person may suffer both types of TBI in the same accident. Next, we’ll look more closely at open TBIs and how they occur.
Open TBIs: When the Skull Is Penetrated or Fractured
Open TBIs involve a fracture or direct injury to the skull and brain tissue. Because these injuries usually come with visible trauma, they are often diagnosed quickly.
Examples of open TBIs include:
- A skull fracture from a high-speed car accident
- A head injury caused by falling debris on a construction site
- Penetrating trauma from a sharp object or firearm
Open TBIs are medical emergencies. Victims often face serious consequences, including permanent disability or brain death. If the injured person does not survive, Missouri law allows certain family members to file a wrongful death claim under Mo. Rev. Stat. § 537.080.
From your FIRST CALL in an open-injury case, we secure critical evidence, establish the insurance claims properly, and coordinate the evaluations needed to document the full impact of your injury.
Closed TBIs: Hidden but Serious
Closed TBIs are the most common type of brain injury after car accidents and falls. Unlike open TBIs, they do not involve a visible fracture, which often makes them harder to recognize. These injuries can range from mild concussions to severe conditions such as diffuse axonal injury, and symptoms may not appear until hours or even days later.
Common symptoms of closed TBIs include:
- Persistent headaches or migraines
- Dizziness, nausea, or vomiting
- Memory problems, confusion, or difficulty concentrating
- Sensitivity to light or sound
- Emotional changes such as anxiety, irritability, or depression
Because symptoms can be delayed or subtle, closed TBIs often require ongoing medical care, including physical therapy, occupational therapy, and cognitive rehabilitation. Victims may also face long-term challenges like lost wages and mounting medical expenses. This is where early legal work adds value. From your FIRST CALL to Horn Law, we handle the adjuster, document evolving symptoms with your providers, and prove the long-term consequences insurers often try to ignore.
Since concussions are the most common form of closed TBI, we also offer a Concussion Symptoms Checklist to help you recognize and track the physical, cognitive, and emotional changes that may develop after a collision.
Whiplash Concussion
At Horn Law, we use the term “whiplash concussion” to describe a specific type of closed traumatic brain injury. It occurs when the rapid back-and-forth motion of the head and neck in a crash jolts the brain inside the skull. Instead of only causing neck strain, this movement can trigger a concussion that affects brain function. This type of injury frequently happens in rear-end collisions.
Why this matters:
- Insurance companies often try to minimize whiplash as a soft-tissue injury.
- A whiplash concussion shows that what looks like “just whiplash” may in fact be a traumatic brain injury with long-term consequences.
Unlike a standard concussion, a whiplash concussion often combines symptoms of both neck injury and brain trauma, making recovery more complex. This can mean longer treatment times, more medical expenses, and greater disruption to work and daily life.
On your FIRST CALL with Horn Law, we flag whiplash-concussion indicators, coordinate appropriate follow-up, and preserve the evidence needed to show why your case is worth more.
Medical Treatment and the Legal Process
No matter the type of TBI, the first step is immediate medical care. Doctors may rely on imaging tests, neurological exams, and ongoing monitoring to manage the injury and limit long-term effects. The medical record created during this stage often becomes the foundation of a legal claim.
From there, building a strong case typically means:
- Preserving detailed medical records and test results
- Tracking symptoms and how they interfere with work, family, and daily routines
- Partnering with healthcare professionals to project future medical needs
- Calculating lost wages and reduced earning capacity
- Seeking compensation for pain, suffering, and emotional harm
Insurance companies often try to downplay brain injuries, especially when symptoms aren’t immediately visible. At Horn Law, we counter with clear evidence of both the medical and personal toll of a TBI. These injuries affect the entire family, creating financial and emotional strain, which is why compensation must reflect the full impact. This early legal work by our brain injury lawyer positions you to gain the upper hand, so you’re never playing catch-up with the claim.
The Role of Medical Evidence
In brain injury cases, medical evidence is often what makes or breaks a claim. It goes beyond showing that an accident happened—it proves the lasting impact of the injury on a person’s health, work, and quality of life. We connect medical findings to legal arguments in plain language that proves value and supports a fair and full settlement.
Key forms of medical evidence may include:
- Detailed records, imaging scans, and neurological evaluations
- Testimony from treating doctors, neurologists, and rehabilitation specialists
- Documentation of therapy needs, such as occupational or cognitive rehab
- Vocational assessments that outline how the injury affects future earning ability
Together, this evidence provides a clear picture of both current challenges and long-term needs. As your attorney, we collect and present this evidence to demonstrate the full extent of harm caused by the accident, connecting medical findings with legal arguments so judges, juries, and insurance adjusters see the true impact of the injury. This disciplined approach reflects Horn Law’s track record over 25 years of serious-injury advocacy.
Make Your FIRST CALL to Horn Law to Protect Your Recovery After a Brain Injury in Kansas City
A traumatic brain injury can affect every part of your life, from your health to your financial stability. Whether it’s an open TBI with visible trauma or a closed TBI like a whiplash concussion, you shouldn’t be left dealing with the medical costs and life changes caused by someone else’s negligence. Your FIRST CALL to Horn Law sets the legal protection in motion while you focus on recovery.
At Horn Law, we move with urgency because timing matters. Missouri law gives you five years to file a brain injury claim, but waiting can make it harder to build a strong case. When you reach out, you’ll receive an immediate response and dedicated representation. From your FIRST CALL, we act immediately by preserving evidence, coordinating medical care, and positioning your claim for full value.
Our team focuses on both your medical recovery and your legal recovery. From documenting how the injury has changed your daily life to preparing for settlement or trial, we work to protect your future and hold the responsible party accountable.
If you’re searching for “brain injury lawyers near me” after a serious brain injury, call Horn Law at (816) 795-7500 or contact us online to request immediate help from our rapid-response law firm. Our personal injury attorneys in Kansas City stand ready to advocate for you from the very FIRST CALL. We are available to begin providing same-day legal representation to address early legal work and take care of injury victims’ pressing needs right away in and around Kansas City.
Copyright © 2025. The Horn Law Firm, P.C. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Horn Law Firm, P.C.
19049 E Valley View Pkwy Suite J
Independence, MO 64055
(816) 795-7500
https://hornlaw.com/
About Attorney Doug Horn
Doug is founder and Lead Attorney of The Horn Law Firm, P.C. where he concentrates in cases involving head, neck, back, orthopedic, neurological, and other traumatic injuries that require extended medical care and rehabilitation.
Since 1992, Doug has maintained a track record of success in a wide variety of personal injury cases, including cases involving motor vehicle collisions, work accidents, and injuries caused by dangerous or hazardous conditions. Based in Independence Missouri, Doug represents injured persons in Missouri, Kansas, and across the Midwest.
Outside of his law practice, Doug frequently lectures in the area of personal injury law, giving legal education presentations for national attorney audiences. Most recently, his presentations have focused on new approaches to proving both economic and non-economic damages.
