Brain Injury Lawyers in Charlottesville

💡 QUICK ANSWER: What Should I Do After a Brain Injury in Charlottesville?

Seek immediate medical attention (UVA Medical Center Emergency Room)
Get a neurological evaluation and imaging tests (CT scan or MRI)
Document all symptoms – even if they seem minor
Do NOT give recorded statements to insurance companies
Contact a brain injury lawyer from MartinWren, P.C. for a free consultation

Even mild concussions can cause lasting damage. Insurance companies often deny “invisible” brain injury claims – we prove they’re real. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

An estimated 1.7 million victims a year suffer a head injury in the United States. These injuries are most often caused by auto accidents, falls, and sporting injuries. Brain injuries are expensive to treat. Patients with TBIs often have serious cognitive impairments. In addition, they are at greater risk of developing serious problems in the future, such as dementia.

When a brain injury occurs because of the negligence or wrongdoing of a third party, the victim or his family can take legal action to obtain compensation for the pain and suffering they endured as a result of the accident. Securing the help of a Charlottesville personal injury lawyer is the first step to obtaining the compensation you deserve.

Brain injury lawyer Jonathan Wren

For a legal consultation with a personal injury lawyer, call (434) 817-3100

The Consequences of Brain Injuries

More than three quarters of the brain injuries suffered annually in the United States are concussions. Concussions may seem harmless, but even a simple concussion can have a lasting impact on your health.

Recent studies have shown that trauma to the brain resulting in a concussion can cause disruption to normal brain function for several months or longer. This may be true even if the injured person did not experience loss of consciousness as a result of the accident. Concussion victims are often admitted to the hospital, at least for observation, and may experience symptoms that persist for weeks or months. Impaired memory and reduced cognitive function are some of the symptoms that victims may experience.

When a more serious brain injury occurs, the impact on the victim and his family can be especially devastating. Brain injuries can impact all aspects of a person’s life, from cognitive function to control of bodily systems. Victims who suffer from a traumatic brain injury (TBI) may experience:

Seizures
Speech impairments
Mood and personality changes
Confusion
Ringing in the ears
Memory problems
Impaired cognitive and executive functions
Difficulties processing language, including problems reading and writing
Loss of vision or hearing
Light intolerance
Diminished sense of smell or taste
Paralysis or spasticity
Loss of bowel and bladder control
Sleep problems

See our article on the Symptoms of a Mild Traumatic Brain Injury for more information. The Centers for Disease Control and Prevention reports that brain injuries are responsible for nearly one-third of all trauma-related deaths annually.

Types of Brain Injuries

Brain injuries can range in severity from mild traumatic brain injuries like concussions all the way to severe structural brain damage. We have represented clients across the injury spectrum, and have handled claims involving hematomas, diffuse axonal injury, post-concussion syndrome, and hemorrhages.

The most common brain injuries we handle are concussions and diffuse axonal injuries (DAI). Concussions account for about 75% of all TBIs, but insurance companies often downplay them as “minor” despite lasting symptoms like chronic headaches, cognitive difficulties, and inability to return to work. Diffuse axonal injury is particularly challenging because it involves microscopic tearing of brain nerve fibers that often doesn’t show up on CT scans or MRIs – we prove these cases through neuropsychological testing and expert medical testimony.

For a legal consultation with our personal injury lawyer, call us today.

Recovering Monetary Compensation

If your brain injury results from a defective product, improper supervision during a sporting event, a fall injury, or a car accident, you may be able to recover monetary compensation through a personal injury lawsuit. In fact, any time someone’s negligence or wrongdoing causes a brain injury, a personal injury or wrongful death claim can be pursued by the victim or his family members.

Potential damages in brain injury cases include:

All past, current, and future lost wages and benefits
All past, current, and future medical expenses
Loss of the ability to earn future income (if the victim has been left permanently disabled)
Pain and suffering
Loss of the ability to enjoy life as the victim did prior to the accident
Emotional anguish
Permanent disability
Disfigurement and scarring

It is up to you, the victim, and your lawyer to prove that the brain injury occurred and to establish that the defendant caused the injury. The brain injury lawyers in Charlottesville at MartinWren, P.C. can help you investigate the cause of your injury and make a persuasive argument in court. Alternatively, our team will negotiate a settlement on your behalf to secure compensation through an out-of-court settlement with the defendant(s).

How We Prove Brain Injury Damages

The main thing to understand about brain injury claims in court is that you are oftentimes dealing with an invisible injury. Insurance companies will downplay the injury, claiming that it does not exist or that, if it does, that it was not very severe.

Our goal when handling brain damage cases is to point to as much objective evidence as possible to show that a brain injury occurred. Although CT Scans and MRIs are often clean, other tests can corroborate the existence of a brain injury. Those can include vision tests, vestibular tests, hearing exams, hormonal or endocrine tests, neuropsychologists, and other objective measures. We then use powerful testimony from medical experts like neurologists, physiatrists, rehabilitation doctors, psychiatrists, and others to prove that the injury occurred.

We also work closely with experts to establish your damages. These claims typically involve substantial past and future wage loss. We enlist the help of vocational rehabilitation experts to prove those damages, including lost earning capacity. We will also work with lifecare planners to develop a medical treatment plan to provide all needed future medical care.

Contact Our Charlottesville Brain Injury Law Firm

The money you obtain from a brain injury claim can compensate you for rehabilitation and other medical treatment. If the injury causes you to experience pain or reduces your earning potential, our attorneys will fight hard to help you obtain compensation for these losses.

Call either Robert E. Byrne, Jr. or Jonathan T. Wren, our brain injury lawyers, today to get your case started and learn more about how we can help.

You will not owe any legal fees unless we recover money for you.

Charlottesville Brain Injury Lawyer Near Me (434) 817-3100

Where Brain Injuries Happen in Charlottesville

Brain injuries occur throughout Charlottesville and Albemarle County in several common scenarios:

Motor Vehicle Accidents: High-speed collisions on I-64, Route 29 North, and Route 250 frequently cause traumatic brain injuries. We’ve handled TBI cases from accidents at dangerous intersections like Barracks Road and Route 29, as well as crashes on the Route 250 Bypass. Truck accidents on the I-64 corridor and motorcycle accidents are particularly likely to result in severe brain trauma.

UVA-Related Incidents: Student accidents near Grounds, fraternity and sorority falls, and athletic injuries. The university area sees pedestrian accidents on Emmet Street and bicycle crashes on local roads. We’ve represented clients injured in falls at university housing and recreational facilities.

Premises Liability: Slip and fall accidents at shopping centers like Barracks Road Shopping Center and Fashion Square Mall. Stairway falls in apartment complexes, inadequate lighting in parking lots, and negligent security incidents that result in assaults can all cause brain injuries.

Workplace Accidents: Construction site falls, industrial accidents, and injuries at UVA Medical Center and other healthcare facilities. Workers in construction, manufacturing, and other physical jobs are at particular risk.

Charlottesville is fortunate to have UVA Medical Center, a Level I Trauma Center with specialized neurological care, where many of our clients receive treatment and diagnostic testing for their brain injuries.

Causes of Traumatic Brain Injuries

Brain injuries can happen in any type of accident. But Charlottesville brain injury lawyers know that TBIs occur most frequently in the following types of accidents:

A severe brain injury can be physically, emotionally, and financially devastating to the victim and their family. The recovery period is often a long one. Some victims are unable to work and often require extensive medical treatment and other health care assistance.

Tort law in the state of Virginia allows victims to pursue a personal injury lawsuit against the party or parties who were responsible for the accident that caused the brain injury. The damages a victim is eventually awarded – either through a settlement with the at-fault party’s insurance company or through a trial – can help ensure the victim is able to receive all the medical care they need, as well as financial compensation to replace the income and benefits they are unable to earn because of the disabilities their injury has caused.

Charlottesville Brain Injury Lawyer Near Me (434) 817-3100

Frequently Asked Questions About Brain Injury Claims

How do I know if I have a traumatic brain injury?

Symptoms include persistent headaches, confusion, memory problems, dizziness, nausea, vision changes, and mood swings. Many brain injuries don’t show up on initial CT scans or MRIs. We work with doctors who use neuroological testing, vestibular testing, vision testing and more to prove invisible injuries even when imaging appears normal.

How long do I have to file a brain injury claim in Virginia?

Virginia’s statute of limitations gives you 2 years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243). Don’t wait – evidence deteriorates and witnesses’ memories fade. Early legal intervention also protects your rights while you’re focused on medical treatment and recovery.

What if my brain injury doesn’t show up on a CT scan or MRI?

This is extremely common. Many traumatic brain injuries like diffuse axonal injury and concussions don’t appear on standard imaging. Insurance companies use this to deny claims, but we prove the injury exists through neuropsychological testing, vestibular testing, vision testing, cognitive assessments, and expert medical testimony from neurologists and physiatrists.

How much is a brain injury case worth in Virginia?

It depends on injury severity, permanence, lost wages, and future medical needs. Mild TBI cases may settle for tens of thousands of dollars, while severe cases with permanent disability can be worth millions. We work with life care planners to document all future costs, including medical care, rehabilitation, assistive devices, and home modifications.

Can I still recover compensation if I was partially at fault?

Virginia follows contributory negligence – if you’re even 1% at fault, you can’t recover damages. This harsh rule makes it critical to have experienced legal representation to combat insurance company blame-shifting tactics. We gather evidence to prove the other party’s complete responsibility for your injuries.

Do I need a lawyer for a concussion claim?

Yes. Insurance companies routinely deny concussion claims as “minor” injuries despite the fact that post-concussion syndrome can cause debilitating symptoms for months or years. We prove the full extent of your damages through medical experts, neuropsychological testing, and documentation of how the injury affects your daily life, work capacity, and relationships.

What damages can I recover in a Virginia brain injury case?

You can recover compensation for all medical bills (past and future), lost wages, lost earning capacity, pain and suffering, loss of enjoyment of life, permanent disability, and disfigurement. We calculate the full value including lifetime medical needs through life care planning, vocational rehabilitation assessments, and economic expert analysis.

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Contact a Brain Injury Attorney in Charlottesville Today

If you or a loved one has suffered a brain injury in an accident caused by another party, contact a brain injury attorney Charlottesville clients recommend. Call MartinWren, P.C. for a free and confidential case evaluation to get the financial justice you deserve.