You or a family member may suffer a traumatic brain injury (TBI) due to someone else’s negligence. At this point, you may want to pursue legal help from a Richmond traumatic brain injury lawyer. You can then learn about your legal options and determine if now is the right time to seek damages from any at-fault parties.
At MartinWren, P.C., our Richmond personal injury lawyer and the rest of our legal team were responsible for three of the 14 largest verdicts in 2023, according to Virginia Lawyers Weekly. We are available to discuss your TBI case. To learn more, contact us today.
Traumatic Brain Injury Definition
A TBI refers to an injury caused by a jolt, bump, or blow to the head or body. According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 586 traumatic brain injury-related hospitalizations are reported every day. There are many reasons why injuries to the brain happen, such as:
- Car accidents
- Defective product
- Medical malpractice
- Slip and fall accident
You cannot change the fact that you or a family member suffered a TBI as a result of someone else’s actions. However, you can partner with MartinWren, P.C., and our team will get to know you, learn about your case, and go over your legal options with you. Contact us today to schedule a free consultation with our traumatic brain injury lawyer in Richmond.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Who Is Responsible for a TBI
Every traumatic brain injury is different. An injury to the brain can happen because someone was careless or reckless and did not do everything in their power to prevent it from happening in the first place. Defendants in TBI lawsuits may include:
- Business operators
- Doctors
- Motorists
- Property owners
You may hit your head and suffer a headache, seizures, and other TBI symptoms. In this situation, you may want to meet with a doctor, and they can perform a medical evaluation and provide treatment. Along with this, you may want to consult with a Richmond traumatic brain injury attorney who can review your case and help you determine if you should file a claim against an at-fault party.
When to File a Claim
Per Code of Virginia §8.01-243, you may have a maximum of two years from the date of your injury to seek damages from a liable party. However, there are many exceptions, and there are notice periods and other limitations periods that might be much shorter than two years.
For example, a motorist may slam their car into yours, resulting in an injury to the brain. You may have up to two years from the date of your crash to pursue damages from the at-fault driver — if you do not submit a claim, you may be solely responsible for your accident-related losses.
It may be beneficial to meet with a traumatic brain injury attorney in Richmond as soon as you can after an accident that leaves you with a TBI. Your attorney can look at the facts of your case and make sure that your claim is filed before the statute of limitations or notice period for doing so lapses. They can help you prepare an argument designed to show a judge or jury that you deserve the most damages possible.
You may believe you have a simple, straightforward case for damages. Regardless, the defendant in your case may commit time and resources to dispute your case. With help from an attorney, you may be well-positioned to receive a fair settlement.
Richmond Traumatic Brain Injury Lawyer Near Me 434-817-3100
Proving Negligence
You are responsible for the burden of proof in your case. If you cannot provide a sufficient amount of evidence to support your request for compensation, a judge or jury may rule in the defendant’s favor. To prove a party is liable for your TBI, you must show the following elements of negligence were present when the injury happened:
- A party had a legal obligation (duty of care) to act in a cautious and reasonable manner toward you and others.
- The party breached this obligation in spite of the fact that you and others could get hurt.
- Because the party violated their obligation, you suffered a TBI.
- You are dealing with economic and non-economic losses relating to your injury.
You may provide medical records, accident scene photos and videos, and other forms of proof as part of your argument. Much in the same vein, the defendant in your case may offer evidence to contest your argument. Your attorney may help you create an argument that makes it clear to a judge or jury that you are in no way responsible for your injury.
How Contributory Negligence Applies to a TBI Case
According to the Code of Virginia §8.01-58, contributory negligence prevents someone from recovering damages if they are partly responsible for their personal injury. This means you may not receive any compensation from the defendant in your TBI case if you are found to have contributed to your injuries in any way. In this scenario, you may have to pay all of your accident-related expenses out of your own pocket.
To understand how contributory negligence works, consider an example. A judge or jury may say the defendant in your case is 70% at fault for your TBI. Although the defendant is primarily responsible, you may not recover any damages since you are 30% liable for your injury.
Your attorney can help you gather a wealth of evidence and prepare an argument that resonates with a judge or jury. They will consider how the defendant may argue against your case. With this approach, your lawyer may be able to show a judge or jury that the defendant is fully responsible for your injury and should be required to pay 100% of the damages you are requesting.
Click to contact our personal injury lawyers today
Traumatic Brain Injury Insurance Claim
In terms of how personal injury claims get resolved, you may get compensation from an at-fault party’s insurer. As an example, after a car crash, you may submit a claim through the at-fault driver’s auto insurance company. In the best-case scenario, the insurance provider covers your claim, and you get money you can use to recover from your brain injury.
Just because the party responsible for your injury is covered under insurance does not mean their insurer will pay you damages. An insurance company typically focuses on its clients’ best interests over yours. As such, the business may search for ways to avoid paying you damages.
Your attorney is your legal advocate and representative. They can negotiate with an at-fault party’s insurance company on your behalf. If an insurer reaches out to you and asks you to speak about your TBI, your lawyer can discuss your injury with the business.
Brain Injury Damages
You may be eligible for damages for a personal injury. In a TBI case, you may request damages for economic and non-economic losses. Reasons why someone may request damages based on an injury to the brain include:
- Long-term care and treatment
- Lost wages
- Medical bills
- Pain and suffering
Your lawyer can help you calculate your losses. They may encourage you to ask for economic and non-economic compensation. Your attorney can work with you to collect evidence that explains to a judge or jury why you should receive this amount.
Complete a Case Evaluation form now
How Much Your TBI Case Is Worth
What your traumatic brain injury case is worth depends on the facts. An injury to the brain may affect you long into the future. Your lawyer will account for this and other factors surrounding your injury to help you request a reasonable amount of damages.
Your attorney may look at your medical bills, pay stubs, and other documents to analyze your losses. They may also consider if you will fully recover from your injury. There are times when a TBI causes permanent harm, and your attorney wants you to seek damages to make sure you are financially protected for many years to come.
No matter how much money you request, you must prove an at-fault party was negligent to get this amount. To help you do so, your attorney may use eyewitness accounts to explain what happened that led to your accident and injury. They may also utilize medical expert testimony to show how your injury may impact your physical, mental, and emotional well-being moving forward.
Brain Injury Wrongful Death Claim
You may be dealing with the loss of a family member due to a traumatic brain injury. The aftermath of your loved one’s death may put tremendous financial pressure on you and your family. In a situation where your family member died due to someone else’s actions, you may be able to pursue damages as part of a wrongful death lawsuit.
A personal representative of a deceased person (decedent) may be able to submit a claim for damages on their behalf. If you are a parent, child, spouse, or domestic partner of someone who lost their life due to a TBI, you may be able to file a death claim. To find out, you may want to discuss your case with an attorney.
You may have concerns about filing a death claim, but it may be helpful to do so. Your claim may allow you to recover damages you can use to cover your late family member’s burial and funeral expenses and other losses. In addition, your claim may allow you to seek justice from the party who contributed to your family member’s death.
Brain Injury Case Settlement
If the defendant in your injury case has concerns that they will not get their desired result, they may propose a settlement. When you have a lawyer who has a track record of getting their clients the verdicts and settlements they want at your side, you may be in a great position. Once a defendant offers a settlement, you can review it with your lawyer and decide how to proceed.
Accepting a settlement may seem ideal since it allows you to close your case in less time than what may be required if you go to trial. Alternatively, a defendant may offer far less than what you could receive in damages if you present your case to a judge or jury. If you approve a lowball settlement, you may have to pay some or most of your injury-related losses on your own.
Your lawyer will be honest with you about a settlement proposal. If you receive an offer that does not give you enough damages to recover from your injury, your attorney will let you know. You make the final decision on an offer, and if you decide to approve it, your lawyer will comply with your request.
What Not to Do When You Are Involved in a TBI Case
An at-fault party’s insurance company may reach out to you just days after you suffer an injury to your brain. The business may propose a settlement or ask you to speak about your injury on the record. In either of these scenarios, it may be best not to do anything since you may inadvertently compromise your ability to get the damages you want.
If you want to keep your family members and friends up to date about your injury, you may want to do so through phone calls, emails, and text messages. You may be tempted to publish photos and details about your injury on social media. Yet, you should avoid using social networks to share information about your injury because an at-fault party may see what you post and try to use it to dispute your claim.
You may believe you are capable of representing yourself in a case against the party responsible for your injury. If you go through the legal process on your own, you may be prone to mistakes, and these may hurt your chances of getting compensation. Instead of leaving things to chance during the legal process, it may be beneficial to partner with lawyers who put your best interests front and center.
Get Legal Help from a Richmond TBI Lawyer
Serving clients in Richmond and other areas of Virginia, MartinWren, P.C. offers legal help in personal injury claims. We tirelessly work to help you get your life back and are here to assist you with your traumatic brain injury case. To schedule a free case consultation with our Richmond traumatic brain injury attorney, contact us today.
Call 434-817-3100 or complete a Case Evaluation form
