Few types of injuries can be as debilitating as head and brain trauma. The human brain is the most complex organ in the body, and even a minor injury can cause catastrophic damage. When your life has been turned upside down by a critical head injury caused by someone else’s negligence, you can hold them accountable while you recuperate.
With the support and resources of a reputable Lynchburg traumatic brain injury lawyer from MartinWren, P.C., you can focus on recuperating, and our team can build a powerful case against those responsible.
Your dedicated Lynchburg personal injury lawyer from MartinWren, P.C. will work tirelessly to identify the liable party and explore your legal options extensively. When you are ready to overcome the trauma of your brain injuries and build a brighter future, contact our law office to request a free consultation.
Nearly Any Accident Could Cause Brain Trauma
Countless types of accidents could cause traumatic brain injury. Fortunately, with help from your personal injury lawyer from MartinWren, P.C., we have extensive experience handling most types of injury claims.
If you have been involved in any type of accident that caused a traumatic brain injury, our team may be able to help you recover the compensation you deserve. Contact us as soon as possible 24/7 to consider every possible opportunity for legal recourse.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Statute of Limitations for Traumatic Brain Injuries in Virginia
The statute of limitations refers to the maximum amount of time you have to file your personal injury lawsuit. Your traumatic brain injury lawyer in Lynchburg needs to file your claim before the two-year statute of limitations runs out, as described under Virginia Law § 8.01-243. Your claim might also be subject to shorter notice periods that require you to provide certain notices or else the claim may be lost. Otherwise, you may miss out on the opportunity to have your case heard at trial.
If you were to attempt to file your claim after the statute of limitations has passed, even the most compassionate of judges may be required by law to bar your pursuit. However, there are several extenuating circumstances that may apply. For instance, if a terrible accident leaves you legally incapacitated, the statute of limitations may be paused until you regain your capacity or have a person appointed to handle your affairs.
What Do I Do if the Liable Party Blames Me?
First, try not to panic. Liable parties blaming the victim is commonplace in traumatic brain injury and personal injury lawsuits. This is because Virginia follows pure contributory negligence laws under Virginia’s common law.
In some states, where modified comparative negligence laws are followed, sharing blame does not prohibit financial recovery. Instead, injury victims will simply have their settlements reduced to account for their portion of the fault. This is not how civil claims in Virginia unfold.
Here, if you share any responsibility for the accident, you could be prohibited from receiving a traumatic brain injury settlement at all. Liable parties often attempt to take advantage of these laws to escape their financial obligations. Fortunately, your injury lawyer will be by your side, working tirelessly to gather the evidence we need to accurately establish culpability so you can proceed with your personal injury case. We know the law and will fight hard to defeat contributory negligence in every case.
Our Lynchburg Traumatic Brain Injury Attorneys Work on Contingency
You can afford to hire a legal advocate for help after a traumatic brain injury by securing a contingency agreement. Contingency fees make it possible for anyone to get the legal help they need when they need it. We never require any upfront fees or assistance covering the expenses that arise while pursuing your claim.
Here is how it works. We review the circumstances of your case to determine what your contingency fee should be. Typically, it could range anywhere from 33.3% to 40%, depending on how complex your case is.
If we win, we charge that percentage of whatever we recover for you to cover our attorney’s fees. If we lose, you pay nothing. The least we can do after everything you have been through is offer you a no-win, no-fee guarantee.
Lynchburg Traumatic Brain Injury Lawyer Near Me (434) 817-3100
How Long Is the Recovery After a Traumatic Brain Injury?
The length of your recovery will depend on the type of accident you were involved in and the severity of your traumatic brain injury. For victims of relatively minor brain injuries that do not suffer any permanent damage to the brain, such as with a minor concussion, for example, it may only take several weeks before you recover. However, expect it to take much longer to fully recuperate from your injuries if your brain damage is severe.
If you suspect a serious brain injury, you may require regular physical and occupational therapy. You may need to relearn how to walk, talk, write, and complete other daily living tasks. Unfortunately, some people never fully recover from traumatic brain damage.
Punitive Damages in TBI Cases
Punitive damages are certainly possible in traumatic brain injury claims. Since brain trauma is often one of the more serious types of injuries someone can experience, the judge and jury may be more inclined to award punitive damages. However, punitive damages are not a compensatory loss, which means they are not something you are entitled to as part of your settlement.
According to Virginia Law § 8.01-38.1, punitive damages should only apply if the defendant committed willful and wanton negligence or intended to cause your injuries. For example, if your traumatic brain injuries occurred in an assault, the person who assaulted you could be ordered to pay punitive damages. However, if your injuries were caused by a driver who lost control of their car, punitive damages may not be appropriate.
Click to contact personal injury lawyers today
Get Help From a Respected Traumatic Brain Injury Lawyer in Lynchburg Today
Your traumatic brain injury may make it difficult or impossible for you to get back to your life. It is possible that your life could be permanently affected by the head injury you sustained. Do not let the liable party get away with it when you have an opportunity to hold them accountable to the fullest extent of the law.
Your life does not need to be consumed by the trauma of your experience. Your top-rated traumatic brain injury attorney in Lynchburg from MartinWren, P.C., is here to guide you through the claims process and to fight for the fair compensation you are entitled to. Fill out our secured contact form or call us to get started on your civil lawsuit and insurance claims as soon as today.
Call (434) 817-3100 or complete a Case Evaluation form
