A traumatic brain injury (TBI) can result from a blow to the head or a violent jolt to the neck and body. Each brain injury is different. One person may leave an accident with a mild headache and temporary disorientation. Another could suffer catastrophic and permanent brain damage from a similar event.
If you sustained a TBI in Virginia due to someone else’s negligence, you could be eligible to file a personal injury claim against them. An experienced attorney can help you demand maximum compensation to account for the full extent of your losses. Contact an Arlington brain injury lawyer at Marks & Harrison for a free consultation.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when the brain sustains some form of trauma. It could happen when the skull is pierced by a bullet or from striking an object in a car accident. A brain injury can also occur when an outside force knocks the brain into the side of the skull. The impact may tear tissues, bruise, or cause massive bleeding in the brain. This can lead to dangerous swelling and severe brain damage without immediate treatment.
A concussion is a mild type of traumatic brain injury. However, both concussions and other types of TBIs vary in severity. Some people fully recover. Others require accommodations and treatment in a nursing home or memory care facility for the rest of their lives. A TBI lawyer can help.
How Can an Arlington Brain Injury Lawyer Help Me?
Treating a brain injury is tricky since each individual responds differently to therapy. Rest and reducing stress are standard treatment recommendations for a mild TBI because the brain can heal itself to some degree.
However, moderate to severe TBIs often result in permanent brain damage. The victim may be unable to work again or be limited in their career options. They could be unable to communicate, require months of occupational and speech therapy, and have permanently changed mental abilities. Worst-case scenarios can include cognitive impairment or an inability to live independently.
suggest the lifetime costs of treating and recovering from a TBI can range from $85,000 to $3 million. Few people have the resources to afford these expenses on their own. But when another party is responsible for an injury, you may not have to shoulder these financial burdens out-of-pocket. An Arlington brain injury lawyer can help you pursue compensation to cover your past, present, and future medical and caregiving needs.
What Types of Accidents Can Lead to a Traumatic Brain Injury?
You don’t have to be hit directly on the head to suffer a TBI, but a blow to the head is the most common cause. However, any kind of accident that jolts the head can damage delicate brain tissues.
Common causes of traumatic brain injuries include:
- Whiplash – This type of injury occurs when the neck and head snap violently back and forth, often in a rear-end collision.
- Motorcycle or bicycle accident – Even if you wear a helmet, your head may hit the pavement or the body of the vehicle that struck Without a helmet, your chances of a brain injury increase significantly.
- Sports accident – Full-contact sports like boxing, football, rugby, or hockey can cause TBIs from repeated jolts to the body. Other sports where a fall is likely, like gymnastics or ice skating, can cause head and brain injuries.
- Any motor vehicle crash – Your head could hit the dashboard, steering wheel, or anywhere inside the vehicle cabin when a collision occurs. The risk of a catastrophic TBI increases significantly for victims ejected from a vehicle in an auto accident.
- Construction accidents – Construction sites are fraught with hazards, from falling objects to obstacles that increase the chance of a slip-and-fall accident.
Are There Signs That Someone May Have a Traumatic Brain Injury?
Traumatic brain injuries can have a wide range of psychological, physical, and emotional side effects. Some symptoms may manifest immediately after the accident, while others may not appear until days or weeks later. In addition, milder TBIs may have different symptoms than moderate to severe brain injuries. The bottom line is that any brain injury can leave lasting damage, so following medical advice after a head injury is essential.
Symptoms of a mild traumatic brain injury include:
- Headaches
- Drowsiness and fatigue
- Nausea and possible vomiting
- Slurred speech, difficulty speaking, or trouble using the right words
- Vertigo or loss of balance
- Sensory problems, like ringing in the ears, a persistent bad taste in the mouth, or blurry vision
- Sensitivity to light and sound
- Brief loss of consciousness, from a few seconds to a few minutes
- Feeling disoriented or confused
- Mood swings or increased irritability and angry outbursts
- Trouble concentrating
- Impaired memory
- Sleep problems
Moderate to severe traumatic brain injuries present symptoms similar to a mild TBI, though the symptoms may be more severe and last longer.
Other symptoms of a serious TBI include:
- Persistent headaches
- Losing consciousness for more than 15 minutes up to several hours or longer
- Seizures
- Persistent vomiting and nausea
- Pupil dilation
- Numbness, tingling, or weakness in your fingers and toes
- Trouble waking from sleep
- Profound confusion
- Motor problems
- Speech, visual, or hearing impairment
- Unusual behavior or distinct personality changes, including aggression and heightened emotions
The most severe brain injuries may leave the victim in a coma or persistent vegetative state. Contact one of our brain injury attorneys today.
Do Brain Injury Symptoms Happen Immediately After an Accident?
Some brain injury symptoms appear immediately, such as a headache, loss of consciousness, disorientation, and dilated pupils. Other symptoms, like personality changes or cognitive decline, may not be apparent right away.
As your brain heals, you may notice that your abilities change or your symptoms worsen. Often, this results from the brain developing new neural pathways to work around damaged areas.
What Must Be Proven to Receive Compensation for My Brain Injuries?
Your lawyer must prove negligence to stand a good chance of getting compensation after a brain injury. This means demonstrating that the responsible party had a duty to avoid harming you but acted carelessly in a way that led to your brain injury and resulting losses. A traumatic brain injury lawyer can assist you.
What Damages Can I Receive for My Brain Injury?
You may seek full and fair compensation, called damages, for all your financial losses stemming from a brain injury.
You might be entitled to compensation for your brain injury including:
- Past, present, and future medical treatment
- Rehabilitation, such as occupational, physical, and speech therapies
- Long-term caregiving
- Lost wages
- Loss of earning potential
You’re also entitled to pursue compensation for the effect a TBI has on your life. Compensation for these intangible losses is called non-economic damages. These losses don’t have an exact dollar amount, but they have value.
Examples of non-economic damages for a TBI include:
- Pain and suffering
- Emotional trauma
- Humiliation and embarrassment
- Loss of guidance for your children
- Diminished quality of life
What if the Person Responsible for My TBI Does Not Have Insurance?
If the party that caused the accident has no insurance, they’re still responsible for paying for the harm they caused. However, your compensation may not be as high as it would have been if they had coverage.
Without insurance, you could be able to recover compensation by filing a personal injury lawsuit against the responsible party if they have the means to pay. An experienced brain injury attorney can help you explore all available resources for compensation.
Can My Settlement Be Affected If I Was Partly at Fault for the Accident?
Yes. Virginia has some of the harshest negligence laws in the nation. If the defendant can prove that you contributed to the accident in any way, you’ll get no money. This means the insurance company for the at-fault party will fight aggressively to place blame for the accident onto you. If they succeed, they don’t have to pay. An experienced Arlington brain injury lawyer can defend you against unfair claims of fault.
Does Virginia Have a Time Limit for Filing a Brain Injury Lawsuit?
The Virginia statute of limitations for personal injury claims requires you to file a brain injury lawsuit within two years of the date of the accident. Failure to file by the deadline could mean you lose your right to compensation.
Contact an Arlington Brain Injury Lawyer
Did you suffer a traumatic brain injury that wasn’t your fault? Contact a trusted Arlington brain injury lawyer from Marks & Harrison today for a free consultation. Our Arlington personal injury attorneys will fight hard to demand the compensation you deserve.
