A blow to the head or a sudden force that whips your head violently back and forth can cause a traumatic brain injury (TBI). Some people suffer minor symptoms that last a few days, while others may sustain catastrophic brain damage that renders them unable to care for themselves.
Doctors cannot always predict how well someone will recover from a TBI. Survivors with concussions may make a full recovery. However, the forecast is not so clear for people with moderate to severe brain injury. While medical bills add up, it’s understandable to wonder how you’ll make ends meet after a brain injury.
In Virginia, accident victims can pursue compensation if someone else’s negligence harms them. The Fairfax brain injury attorneys at Marks & Harrison can evaluate your case and explain your legal options if you were hurt. Call or contact us today for a free consultation.
What is a Traumatic Brain Injury?
The Mayo Clinic defines a traumatic brain injury as damage to the brain caused by:
- A jolt to the body or head
- A violent blow to the head or body
- An object that penetrates the skull and goes into the brain tissue
A mild TBI affects the brain cells temporarily, and the brain often heals with rest and time. A more serious traumatic brain injury can tear the brain tissue, bruise the brain, or cause bleeding inside the skull. Parts of the brain may be permanently damaged, affecting a person’s ability to move, think, and speak. Severe brain injuries could be deadly or trigger the onset of cognitive decline. Contact a Fairfax traumatic brain injury lawyer today.
What are Common Types of Brain Injuries?
The Cleveland Clinic lists classifications for several types and grades of brain injuries. The severity of a brain injury is based on specific factors. Loss of consciousness, an inability to recall the incident, abnormalities on imaging tests, and neurological symptoms present at the time of the injury all influence how a brain injury is classified.
TBI grades include:
- Mild concussion (mTBI) – These are the most common types of brain injuries, with symptoms that can include a brief loss of consciousness or confusion. The person may have difficulty with memory or concentration and feel confused for about a day.
- Moderate TBI – The victim may lose consciousness for over 30 minutes but less than a day, with confusion lasting about a week.
- Severe TBI – The injured person could lose consciousness for more than a day, often with changes noted in a head CT scan or brain MRI.
TBI types include:
- Uncomplicated TBI – This TBI doesn’t appear on brain MRIs or CT scans, regardless of how mild or severe the concussion may be.
- Complicated TBI – Bleeding, swelling, or other changes in the brain tissues appear on the brain MRI or CT scan.
- Closed TBI – In a closed TBI, the blow to the head or other outside force does not penetrate the skull. Closed TBIs are the most common.
- Open TBI – This is a penetrating brain injury where an object like a knife, bullet, or piece of metal pierces the skull and damages brain tissue.
- Nontraumatic – These brain injuries are not caused by a specific traumatic incident, but rather by a stroke, near-fatal drowning, seizure, or choking. They’re also referred to as an anoxic or hypoxic brain injury.
What Types of Accidents Can Cause a Brain Injury?
According to the Cleveland Clinic, children under 17 and seniors over 65 experience the highest incidence of fall-related TBIs. Almost half of emergency room visits for TBIs are due to a fall.
Other common causes of brain injuries include:
- Motor vehicle collisions
- Gunshot wounds
- Recreational or sporting accidents
- Workplace accidents
- Military-related accidents
- Shaken baby syndrome, child abuse, and domestic violence
Although a helmet can protect a motorcycle rider, cyclist, or athlete from a brain injury, they do not offer complete protection. You could still suffer a concussion while wearing a helmet, depending on the circumstances of an accident. Contact our Fairfax traumatic brain injury attorney today.
What are the Signs of a Brain Injury?
Traumatic brain injury symptoms vary depending on the location and severity of the damage. Symptoms may appear immediately or develop over the hours and days following the incident.
Common symptoms of a traumatic brain injury include:
- Loss of consciousness
- Memory problems and confusion
- Fainting or dizziness
- Seizures or convulsions
- Persistent headaches
- Nausea or vomiting
- Mood swings or changes in behavior
- Dilated pupils
More severe TBIs may cause clear fluid to leak from the nose or ears. You may feel sensitive to light or sound or have trouble sleeping. Symptoms may worsen as the brain heals, or you may develop new symptoms during the healing process.
What are the Long-Term Effects of a Traumatic Brain Injury?
Survivors with severe TBIs may have permanently changed abilities, such as speech problems, cognitive disabilities, memory loss, motor coordination, and sensory changes. These permanent disabilities can interfere with the person’s ability to work, care for themselves, and enjoy the relationships and activities they used to.
Severe brain injuries can also trigger the onset of dementia, Alzheimer’s Disease, or Parkinson’s disease. Cognitive decline may be slowed but not reversed, so survivors eventually may require specialized care in a memory care facility.
After an initial concussion, you have a substantially higher chance of serious damage if you re-injure your brain. Even a mild second or third concussion can affect the brain to the same degree as an initial moderate or severe TBI.
How Do You Hold the Other Party Liable for a Brain Injury?
To establish liability for a brain injury, you or your attorney must build a case showing that the at-fault party caused the accident that resulted in your TBI and is responsible for compensating you for your losses.
Determining liability starts with an independent investigation into the incident. An experienced brain injury lawyer could interview witnesses, review photos or video of the accident, or look over the safety records of the establishment where you had the accident. The elements that your lawyer uses to build your case will be unique to your situation, but the goal is to collect evidence to prove that the defendant’s actions showed a disregard for the safety of other people and that their actions (or failure to act) led to your injuries.
Most personal injury claims end in settlements. But your lawyer could file a TBI lawsuit if the at-fault party fails to offer an appropriate settlement amount. A lawsuit includes a court-mandated exchange of information between the parties, called discovery. Part of discovery may include deposing witnesses or other parties that can attest to the defendant’s negligence. Information uncovered during discovery may be used as part of your lawyer’s case. If it becomes evident the defendant is liable for your injury, then they may choose to settle outside of court to avoid a trial.
What Compensation Could My Brain Injury Settlement Include?
Virginia personal injury law permits the injured party to seek economic and non-economic compensation for their injuries and financial losses.
Economic losses have a specific dollar amount attached. Medical expenses, physical therapy, surgeries, hospital stays, or medications are examples of economic losses. If you need specialized care in a nursing home or memory care facility, the anticipated cost of your accommodations and treatment there can be included in your settlement demand.
Many TBI victims miss time at work during your recovery. Lost wages are also economic losses. You may ask for compensation for all the time you missed and the cost of any sick leave or paid time off you used.
If you can no longer work, you may also seek compensation for your loss of earning potential.
Non-economic damages are losses that are intangible but still have value. These damages compensate you for the TBI’s effect on your quality of life. You could be entitled to money for your:
- Loss of consortium and companionship with your spouse
- Loss of guidance for your children
- Emotional trauma
- Pain and suffering
Can my Compensation be Affected If I Was Partly Responsible for the Accident?
Yes. Under Virginia’s contributory negligence law, you can be barred from receiving compensation if you are found even one percent responsible for an accident. For this reason, hiring a Fairfax brain injury lawyer is crucial to help you build a rock-solid case for maximum compensation.
What is the Statute of Limitations for a Brain Injury Lawsuit in Virginia?
The Virginia statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit against the at-fault party. If you miss this deadline, the court will almost certainly dismiss the case without a hearing, and you’ll lose your right to compensation. Contact our Fairfax personal injury lawyer now.
Contact a Fairfax Brain Injury Lawyer
Marks & Harrison is a respected personal injury law firm with offices throughout Virginia. Call or contact us today for a free consultation with a proven Fairfax brain injury lawyer.
