Traumatic Brain Injury Lawyer in Richmond

You or a family member may suffer a traumatic brain injury (TBI) due to someone else’s negligence. When that happens, 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 team was responsible for three of Virginia’s fourteen largest verdicts in 2023, according to Virginia Lawyers Weekly. Two of those verdicts were for mild traumatic brain injuries. We are available to discuss your TBI case. To learn more, contact us today.

Why Hire a Traumatic Brain Injury Lawyer for Your Case

Victims or their close family members may need to seek legal action against those who caused a TBI to occur, and that is often a very complicated process.

The burden of proving that another person is responsible for your injuries is complicated, but then demonstrating what your losses are is even more challenging.

There are several reasons why hiring a Richmond traumatic brain injury lawyer can be a critical investment:

Proving fault: To recover fair damages in these cases, your attorney must demonstrate without a doubt who is responsible. Proving fault can be difficult if the court believes, in any way, that you caused your injuries. Expect your attorney to locate the necessary information and resources to establish who is truly at fault.
Estimating the value of long-term damage: Another reason to hire a Richmond traumatic brain injury lawyer is that putting a value on your long-term injuries, loss of quality of life, and pain is complex. There are several strategies our attorney can use to help assign value, but you should not simply guess at this figure.
Going up against insurance companies: Traumatic brain injuries create significant claims, motivating insurance companies to be aggressive in fighting back to limit your compensation. You need a Richmond traumatic brain injury attorney ready to fight for your future.

There is a great deal on the line when you have serious injuries and losses, and having an experienced lawyer can prove to be critical. Our legal team at MartinWren, P.C. is committed to being there to guide and support you throughout this process. You do not have to make any decision without the help of our legal team. Read our FAQs to learn more about TBI.

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

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)’s TBI data, 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.

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

If you hit your head and suffer a headache, seizures, and other TBI symptoms, you may want to consult a doctor. Along with this, you may wish to consult with a Richmond traumatic brain injury attorney. They can review your case and help you determine if you should file a claim against an at-fault party.

Richmond Traumatic Brain Injury Lawyer Near Me (434) 817-3100

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 and other limitation periods that might be much shorter than two years.

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 deadline for doing so passes. They can help you prepare an argument designed to show that you deserve the losses you seek.

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.

How Our Richmond Traumatic Brain Injury Lawyers Build Your Case

Filing a claim for a traumatic brain injury is challenging because it involves numerous steps. With the guidance of a traumatic brain injury lawyer in Richmond, you can be sure you uncover all of the evidence necessary to build a strong claim.

Some of the steps we take to achieve this include:

Uncovering all evidence: This includes anything not included in the police report, such as the medical records of the at-fault party, or the lack of security in the environment. This ensures we know who is responsible for your accident.
Speaking to medical providers and industry experts: This step helps us understand the short- and long-term impact of this case on your future. We want documented evidence of what is happening to you.
Working to understand what you are facing: We will determine the impact on your health, financial well-being, and your lifespan. Our team takes every step to negotiate compensation that aligns with your losses.

Expect a Richmond traumatic brain injury lawyer to listen to you. Our team is more than just a lawyer fighting for a win. We are passionate professionals who care about your recovery.

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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 its 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

Under Virginia law, contributory negligence prevents someone from recovering damages if they are partly responsible for their injury. This means you may not receive any compensation in your TBI case if you contributed to your injuries in any way. In this scenario, you may have to pay all of your accident–related expenses out of 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% responsible for causing 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 at fault for your injury and should be required to pay 100% of the damages you are requesting.

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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.

How Much Is Your TBI Case 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 whether 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 that 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.

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 own injury-related losses.

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 Richmond car accident 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 informed about your injury, consider doing 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, connect with a lawyer for assistance.

Get Legal Help from a Richmond TBI Lawyer

MartinWren, P.C., offers legal help in personal injury claims to clients in Richmond and other areas of Virginia. 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 attorneys, contact us today.

Call (434) 817-3100 or complete a Case Evaluation form