
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.
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.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
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.
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.
Catastrophic Brain Injuries
At MartinWren, P.C., our Charlottesville brain injury lawyers handle all types of personal injury cases that involve injuries of different degrees. Some of our clients sustain mild injuries that may require a recovery period of a few days or so, but do not have a significant impact on their life. Other clients come to us having suffered more serious injuries that end up requiring a longer recovery period that results in more losses for the victim. But clients who have suffered catastrophic injuries are often left with permanent disabilities and, in many cases, are never able to live the life they had before they were so tragically injured.
One of the most frequent types of catastrophic injuries that the legal team at MartinWren, P.C. has handled is 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:
- Assault
- Car accidents
- Medical malpractice
- Motorcycle accidents
- Premises liability
- Slip and fall accidents
- Truck 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
What Factors Determine Whether or Not a Brain Injury is a Catastrophic One?
If an injury affects a victim in the following way(s), it is considered a catastrophic one:
- How incapacitated has the brain injury left the victim?
- How long will this incapacitation to the victim last?
- The impact the brain injury has on the victim’s life and whether it affected his or her ability to earn income?
In addition to brain injuries, other types of catastrophic injuries some of the clients of our Charlottesville brain injury lawyers have suffered include amputations, internal organ injuries, multiple fractures, severe burns, and spinal cord injuries.
When a victim who has suffered a brain injury retains one of the brain injury lawyer from MartinWren, P.C., we will aggressively advocate for them in order to obtain the financial compensation they deserve. Potential damages include:
- All past, current, and future lost wages and benefits
- All past, current, and future medical expenses
- Disfigurement
- Emotional anguish
- Loss of the ability to earn future income (if the victim has been left permanently disabled)
- Loss of the ability to enjoy life as the victim did prior to the accident
- Pain and suffering
- Permanent disability
- Scarring
- Vocational therapy
Where Charlottesville Brain Injuries Occur
A large number of our Charlottesville brain injury cases arise out of car and truck accidents. We have handled brain damage cases for crashes in Charlottesville and Albemarle County from Interstate 64, Route 250, Route 29, and other smaller roads throughout the city and county.
Many brain injuries occur through slips and falls, trips and falls, and other premises liability incidents. Many times these claims occur against large retailers or other businesses that fail to adequately protect their customers.
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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.
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
Local Brain Injury Attorneys
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Call (434) 817-3100 or complete a Case Evaluation form