Have you or a loved one suffered a traumatic brain injury in Virginia? The impact goes far beyond the initial hospital stay. Memory problems, sensory deficits, personality changes, chronic headaches—these injuries can derail your entire life. You deserve a lawyer who understands both the medical complexity and the devastating financial reality of brain injuries.
I’m Bob Byrne, Virginia’s only Board Certified Truck Accident Attorney, and I’ve spent years fighting for clients with catastrophic injuries including traumatic brain injuries. Whether your TBI came from a truck crash, car accident, or workplace incident, I know how to prove the full extent of your injury and secure the compensation you need for a lifetime of care.
Call us today for a free case review. No fees unless we win. 
Quick Answer: Do I Need a TBI Lawyer in Virginia?
Yes, if:
- Your brain injury requires ongoing medical treatment or rehabilitation
- You’ve lost income or can’t return to your previous job
- Insurance companies are minimizing your injury or offering low settlements
- You need compensation for future care, lost earning capacity, or reduced quality of life
Virginia’s statute of limitations gives you just 2 years from your injury date to file. Don’t wait—brain injury cases require extensive medical documentation and expert testimony that takes time to develop.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
What Makes Traumatic Brain Injuries Different?
Imagine this: You were in a car crash and now you’re recovering from what doctors initially called a “mild concussion.” But weeks later, you still can’t concentrate at work. You snap at your family. You forget conversations. Your vision is off. Your life feels completely different.
This is the hidden reality of traumatic brain injuries. Unlike a broken bone that heals and appears on an X-ray, TBIs are often invisible injuries with life-altering consequences.
Check out our Complete Guide to Virginia Traumatic Brain Injury Claims.
Why TBI Cases Require Specialized Legal Experience
Brain injury cases aren’t like typical personal injury claims. Here’s what makes them complex:
Medical Complexity
- Injuries may not show up on initial CT scans
- Symptoms can develop long after the accident
- Long-term prognosis is often uncertain
Life-Changing Impact
- Cognitive deficits affect your ability to work
- Personality changes strain family relationships
- Future medical needs are difficult to calculate
Higher Stakes
- TBI settlements often reach into the millions
- Insurance companies fight harder in TBI cases
- You need experts who can testify about your future needs
In one case, we secured a $4 million settlement for a client whose “mild” concussion from a truck accident led to permanent cognitive impairment. The difference? Comprehensive testing and expert testimony about lifetime earning capacity loss.
Types of Brain Injuries We Handle
Concussions and Mild TBI
Don’t let the word “mild” fool you. Even Grade 1 concussions can cause:
- Memory problems and difficulty concentrating
- Sensitivity to light and noise
- Chronic headaches and dizziness
- Mood changes and irritability
- Sleep disturbances
Post-concussion syndrome can last months or become permanent, affecting your ability to work and enjoy life.
Moderate to Severe TBI
More serious brain injuries involve:
- Loss of consciousness
- Skull fractures
- Brain bleeding or contusions
- Diffuse axonal injury (DAI)
- Penetrating head trauma
These injuries often require:
- Emergency surgery
- Extended hospitalization
- Intensive rehabilitation
- Long-term cognitive therapy
- Lifetime care planning
Secondary Brain Injuries
Sometimes the real damage happens after the initial impact:
- Hypoxic/anoxic injuries: Brain damage from oxygen deprivation
- Infections: Meningitis from skull fractures
- Seizure disorders: Developing post-traumatic epilepsy
- Hydrocephalus: Fluid buildup requiring shunt placement
Virginia Traumatic Brain Injury Lawyer Near Me (434) 817-3100
Common Causes of TBI in Virginia
Truck and Car Accidents
Virginia’s highways are dangerous. I-81, I-95, I-66, and I-64, and other roads see frequent crashes involving cars and commercial motor vehicle collisions.
Workplace Accidents
Construction sites, manufacturing facilities, and warehouses present serious TBI risks from falls, falling objects, defective equipment, and explosions or chemical exposure.
Important: You may have both a workers’ compensation claim AND a personal injury claim if a third party’s negligence caused your injury.
Slip and Fall Accidents
Property owner negligence leads to brain injuries from slips and falls and trips and falls.
Defective Products
Brain injuries can result from defective helmets or safety equipment, dangerous consumer products, of medical device failures.
How Virginia Law Affects Your TBI Case
The 2-Year Statute of Limitations
You have exactly 2 years from your injury date to file a lawsuit in Virginia. Miss this deadline and you lose your right to compensation—no exceptions.
Why this matters for TBI cases: Some brain injury symptoms don’t appear immediately. You might not realize the full extent of your injury for months.
Don’t wait. Start your case now.
Virginia’s Contributory Negligence Rule
Virginia follows one of the harshest rules in the country: If you’re even 1% at fault for your accident, the defense will claim you cannot recover any compensation.
Insurance companies exploit this rule. But we have strategies for defeating contributory negligence.
Damage Caps Don’t Apply to Most TBI Cases
Good news: Virginia’s $2.70 million cap on damages only applies to medical malpractice cases (as of 2026). Personal injury cases from accidents have no cap on compensatory damages.
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What Compensation Can You Recover?
Economic Damages (Financial Losses)
Medical Expenses:
- Emergency room and hospital bills
- Surgery and medical procedures
- Neurologist and specialist appointments
- Physical, occupational, and speech therapy
- Medications and medical equipment
- In-home care or assisted living
- Future medical needs (often the largest component)
Lost Income:
- Wages lost during recovery
- Future earning capacity if you can’t return to your previous job
- Benefits and retirement contributions
- Career advancement opportunities you’ve lost
Non-Economic Damages (Personal Losses)
Pain and Suffering:
- Physical pain from the injury
- Emotional distress and mental anguish
- Loss of enjoyment of life’s activities
- Cognitive impairment and frustration
- Relationship strain and isolation
How We Prove Your Damages
Brain injury cases require comprehensive documentation:
✓ Complete medical records from all providers
✓ Life care plans from medical experts detailing future needs
✓ Economic experts calculating lost earning capacity
✓ Vocational experts assessing your ability to work
✓ Day-in-the-life videos showing your limitations
✓ Testimony from family about personality changes
The insurance company won’t hand you fair compensation. You need documented proof of every loss—now and in the future.
The TBI Case Process: What to Expect
Step 1: Free Case Evaluation
When you call our office, we’ll figure out the best way forward for you.
No charge. No obligation. Just honest answers about your situation.
Step 2: Investigation and Evidence Gathering
Once you hire us, we immediately begin:
- Obtaining police reports and accident scene evidence
- Securing medical records and imaging
- Identifying witnesses
- Preserving electronic evidence (like truck black box data and telematics data)
- Consulting with medical experts
- Documenting your losses
Time is critical. Evidence disappears. Witnesses forget. Companies destroy records after minimal retention periods.
Step 3: Medical Documentation and Expert Analysis
TBI cases require expert support:
- Neurologists to explain your brain injury
- Rehabilitation specialists to determine future medical needs
- Life care planners to project future medical expenses
- Economists to calculate financial losses
- Vocational experts to assess employability
We coordinate all necessary examinations and build the medical foundation for your case.
Step 4: Demand and Negotiation
We present your claim to the insurance company with:
- Comprehensive demand letter
- Complete medical documentation
- Expert reports and opinions
- Documented damages with future projections
Many cases settle at this stage if the insurance company recognizes the strength of our evidence.
Step 5: Litigation if Necessary
If settlement negotiations fail, we file a lawsuit. We will conduct discovery and prepare for trial.
We are trial lawyers. Insurance companies know we are willing to take cases to verdict—which often motivates better settlement offers.
Complete a Case Evaluation form now
Why Choose MartinWren, P.C. for Your TBI Case?
Board Certified Specialization
Bob Byrne is Virginia’s only Board Certified Truck Accident Attorney through the National Board of Trial Advocacy. This certification requires:
- Substantial trial experience in truck accident litigation
- Peer recognition and recommendations
- Passing a rigorous written examination
- Demonstrating the highest standards of professional excellence
Why this matters: Brain injuries from truck crashes involve complex federal regulations, trucking company liability, and catastrophic injury valuation—areas where my specialized expertise makes a difference.
Track Record with Complex Injury Cases
We focus on catastrophic injuries including:
- Traumatic brain injuries
- Spinal cord injuries
- Wrongful death cases
- Severe orthopedic trauma
These aren’t cases we occasionally handle—they’re the foundation of our practice. We understand the medical complexity, the life-changing impact, and how to prove maximum value.
We had 3 of the 14 largest Virginia jury verdicts in 2023.
Husband and Wife Trial Team
Our trial team is led by the unique husband and wife combination of Bob and Lauren Byrne. Bob and Lauren have obtained verdicts that have vastly exceeded the final insurance company offers in cases.
Personalized Attention
You’re not a case number here. When you call, you get our team of attorneys and paralegals. We will personally learn about you and your family and how your injuries have impacted you.
No Fees Unless We Win
We work on contingency: You pay no attorney fees unless we recover compensation for you. We also advance all case costs (expert fees, filing fees, investigation expenses) and only get reimbursed if we win.
You risk nothing. We risk everything. That’s how confident we are in our ability to win your case.
Frequently Asked Questions
How long do I have to file a TBI lawsuit in Virginia?
Virginia’s statute of limitations gives you 2 years from your injury date. There are very few exceptions. If you miss this deadline, you lose your right to compensation—even if you have a strong case.
What if my brain injury symptoms appeared weeks after my accident?
This is common with TBIs. The 2-year deadline still runs from your accident date, not when symptoms appeared. Start your case immediately even if you’re still undergoing evaluation. We can continue gathering medical evidence while protecting your legal rights.
Can I sue if the accident was partially my fault?
Virginia follows contributory negligence—the defense will argue that if you’re even 1% at fault, you cannot recover. However, “fault” is often disputed. Insurance companies routinely claim partial fault to avoid paying. We know how to counter these arguments and prove the defendant’s complete liability.
How much is my TBI case worth?
Every case is different. Value depends on:
- Severity and permanence of your injury
- Your age and occupation
- Medical expenses and future care needs
- Lost earning capacity
- Impact on quality of life
- Strength of liability evidence
Cases range from hundreds of thousands to multiple millions. We’ll give you an honest assessment during your free consultation.
How long does a TBI case take?
TBI cases take longer to resolve and most cases settle within 12-24 months. Complex cases requiring litigation may take longer. Don’t rush to settle. Brain injuries require time to understand long-term prognosis. We won’t recommend settlement until we know the full extent of your injury and future needs.
Will I have to go to court?
Many cases settle without trial. However, we prepare every case for trial because insurance companies offer better settlements when they know we’re ready to present your case to a jury.
What if I’m on workers’ compensation for a workplace TBI?
You may have both a workers’ comp claim AND a personal injury claim if someone other than your employer caused your injury (defective equipment manufacturer, negligent contractor, etc.). We’ll evaluate all potential claims.
What to Do Right Now
If you or a loved one suffered a traumatic brain injury in Virginia:
Immediate Steps:
- Get medical attention – Some TBI symptoms appear days or weeks later.
- Follow treatment recommendations
- Document everything
- Preserve evidence
- Don’t talk to insurance adjusters
- Don’t post on social media
Call MartinWren, P.C. Today
Free case review.
You’ve already suffered enough. Let us handle the legal fight while you focus on recovery. We’ll work tirelessly to secure the compensation you need for medical care, lost income, and rebuilding your life after a traumatic brain injury.
Additional Traumatic Brain Injury Resources
Traumatic Brain Injury Articles
The Complete Guide to Traumatic Brain Injury Cases in Virginia
What to Expect When Pursuing a Brain Injury Claim in Virginia
Blood Test for Traumatic Brain Injuries: Medical Advances and Legal Implications
Open v. Closed Head Brain Injuries: Know the Critical Differences
Concussion Symptoms: Signs You Might Have a Brain Injury Claim
Second Impact Syndrome: Why A Second Head Injury Can Be Catastrophic
Local Attorney Pages
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This page is for informational purposes only and does not constitute legal advice. Every case is unique. Contact our office for a free evaluation of your specific situation.
Call (434) 817-3100 or complete a Case Evaluation form
