Virtually any type of accident has the potential to cause catastrophic brain trauma. People who experience traumatic brain injuries often find themselves dealing with permanent disability or require extensive physical and occupational therapy to regain as much mobility and functionality in the affected areas as possible. If your world has been shaken up by the trauma of a devastating head injury or catastrophic accident, you may be feeling overwhelmed, exhausted, and unsure of what to do next.
Turn to a compassionate and highly experienced Waynesboro traumatic brain injury lawyer from MartinWren, P.C. to explore your options further. Our firm was responsible for three of the 14 largest verdicts in the state in 2023, an accomplishment no other Virginia law firm reached. When you need a dedicated Waynesboro personal injury lawyer you can count on to maximize your payout, contact our law office to request a 100% free consultation.
Different Types of Traumatic Brain Injuries
Yes, there are multiple types of traumatic brain injuries possible, depending on the type of accident you are involved in and the part of the brain that is injured. The severity of your injuries will determine how much compensation you can expect to recover. Some of the most common types of traumatic brain injuries you may be able to sue for include:
- Brain bruising
- Chronic traumatic encephalopathy (CTE)
- Concussion
- Coup-contrecoup brain injury
- Diffuse axonal injury
- Edema
- Epidural hematoma
- Hemorrhage
- Penetrating trauma
- Second-impact syndrome
- Skull fracture
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Cost of Hiring a Waynesboro Traumatic Brain Injury Attorney
It will never cost anything out of your pocket to hire a traumatic brain injury lawyer when you choose MartinWren, P.C. This is because we work for our clients on contingency agreements. Essentially, payment for our legal fees is contingent upon a successful settlement or trial verdict.
As outlined in the Virginia Model Jury Instructions, a percentage of your award will be used to compensate your legal advocate. Generally, this could be as low as 20% or as high as 40%, depending on how complicated your case is. You can learn more about what your contingency fee may look like when you contact our law office for a comprehensive case evaluation.
Can I Wait Until I’m Healed Before I File a Claim?
You have a limited amount of time to decide whether you want to pursue a personal injury lawsuit for your traumatic brain injury. While we in no way intend to pressure you into taking action before you are ready, the reality is that the statute of limitations begins counting down the day your accident occurs. Under Virginia Law § 8.01-243, you have just two years from the accident date to file your legal claim. Some claims also have notice requirements that are much shorter, and failing to provide the required notice can bar your right to seek compensation.
If you miss these deadlines, the court system could refuse to hear your case. This means you might miss out on compensation you could have otherwise recovered if your claim had been filed sooner. The sooner your Waynesboro traumatic brain injury lawyer with MartinWren, P.C. can start investigating and gathering evidence to support your case, the better.
Can I Still File a Claim if I am Partly at Fault?
No, if you are partially at fault for the accident, you cannot file a personal injury lawsuit in Virginia. This is because the state operates under a pure contributory negligence law, which is based on the common law. Even injury victims who are just one percent responsible for their injuries are barred from receiving a settlement.
However, it is not unusual for at-fault parties to blame the victim. Do not take the other involved party’s word for it that you are responsible for causing the accident. Instead, consult our legal team to investigate and find out whether someone else is culpable for your injuries and damages.
Are Punitive Damages Awarded for Traumatic Brain Injuries?
Punitive damages can be awarded in traumatic brain injury claims. According to Virginia Law § 8.01-38.1, punitive relief can be awarded if specific requirements are met. The individual or entity who caused your traumatic brain injury must have done so maliciously or acted with willful or wanton negligence.
For example, if you slipped and fell on some ice outside of your favorite coffee shop, punitive damages may not be applicable. However, if you were hit by a driver with several traffic tickets for distracted driving on their record, punitive damages may be appropriate. Remember, punitive damages are not designed to increase your award but rather to punish the liable party to the full extent of the law.
Turn to an Experienced Traumatic Brain Injury Lawyer in Waynesboro for Help Today
Whether your head injury was caused by a slip and fall, motor vehicle accident, or medical malpractice, if someone else is liable, you can make them pay. There is no reason you should be backed into a corner and forced to cover the costs of someone else’s recklessness. We can help you demand justice and the fair compensation you deserve.
Consult a reputable traumatic brain injury attorney in Waynesboro from MartinWren, P.C., to find out what your next steps should be. Our firm has spent years advocating for the rights of injury victims and accident survivors across Virginia. Schedule your free consultation today so we can put our trial experience and resources to work for you and your family.
Call (434) 817-3100 or complete a Case Evaluation form
