A traumatic brain injury (TBI) is a type of catastrophic injury that profoundly alters lives, presenting not only physical and emotional challenges but also legal hurdles. When these injuries result from another’s negligence, effective legal support is essential in securing the necessary compensation to manage the consequences of a TBI. At Tronfeld West & Durrett, we have specialized in personal injury law since 1972, and we strive to provide more than just legal expertise, supporting you while you navigate your recovery journey. 

Choosing the Right Attorney: How We Can Help with Traumatic Brain Injuries in Chesapeake

Recovering from a traumatic brain injury (TBI) involves navigating a legal landscape that’s often overwhelming for victims and their families. In this scenario, a personal injury lawyer in Chesapeake becomes instrumental, offering expertise in handling these types of cases. 

In fact, they work to ensure victims receive fair compensation (which is crucial for covering medical expenses, lost income, and other damages resulting from the injury). Legal representation in these cases it’s about securing a level of support that addresses the full scope of the victim’s needs, both immediate and long-term.

At Tronfeld West & Durrett, our focus is on providing this essential support to TBI victims in Chesapeake. Our team of experienced lawyers understands the unique challenges these cases present, offering personalized legal counsel that aims to alleviate the burden by managing all aspects of the legal proceedings.

For answers to your questions about a traumatic brain injury in Chesapeake, call:
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Who Is at Fault After a TBI?

Proving liability in a traumatic brain injury case is a key step in seeking justice and compensation. However, since TBIs can be caused by a variety of reasons, it’s often very difficult to determine fault and pursue legal action.

Here, understanding the underlying causes and identifying the responsible parties requires, on the one hand, a meticulous examination of the incident. On the other hand, it’s crucial to thoroughly understand the laws that impact a personal injury case in Virginia to successfully file a personal injury claim.

Under Virginia law, you can recover damages if your injury was caused by another party’s negligence, recklessness, or intentional act. This includes (but is not limited to) cases involving:

If you are unsure whether you have a valid claim, a personal injury attorney will help you by reviewing the details of your case and advising you on all the legal options available to you.

Traumatic Brain Injury Symptoms

Traumatic brain injuries are often referred to as “invisible injuries” because their symptoms might not always be outwardly obvious but can have a profound impact on a person’s life. Understanding the wide spectrum of symptoms associated with TBIs is crucial for both victims and their families, as early recognition and treatment can dramatically affect recovery outcomes.

Physical Symptoms

Some of the most common physical signs and symptoms of a TBI include:

  • Chronic headaches: These may range from mild to debilitating, often persisting for weeks or even months after the injury.
  • Dizziness and balance issues: Many TBI victims experience vertigo or struggle to maintain their balance, which can interfere with daily activities.
  • Seizures: Depending on the severity of the injury, seizures may become a significant concern, particularly in the early stages after the trauma.
  • Nausea and vomiting: These can occur immediately following the injury or develop over time as the brain continues to respond to the trauma.

Cognitive Symptoms

In addition to physical symptoms, TBIs can also cause a range of cognitive impairments, including:

  • Memory loss: Short-term memory issues are common, with some victims unable to recall recent events or details.
  • Difficulty concentrating: TBI sufferers may struggle with focus and attention, making it hard to return to work or handle everyday tasks.
  • Impaired problem-solving or decision-making abilities: Even simple decisions can become overwhelming for someone dealing with the cognitive effects of a brain injury.

Emotional Consequences of a TBI

The emotional consequences of a traumatic brain injury (TBI) can be just as life-altering as the physical symptoms. Many TBI victims experience profound changes in mood, personality, and emotional stability, which can make everyday interactions and relationships challenging. Irritability and unpredictable mood swings are common, leading to frequent emotional outbursts that can strain personal relationships. These emotional shifts often leave victims feeling isolated, misunderstood, or unable to control their reactions, adding to the overall stress of the recovery process. Over time, these difficulties can impact not only the victim but also their loved ones, as they try to adapt to these new emotional patterns.

It’s also crucial to include these emotional challenges in any legal claim to ensure victims are fully compensated for the non-physical damage caused by the injury. An experienced brain injury lawyer can help document the emotional impact of a TBI and ensure these factors are considered when pursuing compensation.

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Common Types of Severe Head Injuries

When it comes to traumatic brain injuries, no two cases are exactly alike. The nature of the injury often depends on how the trauma occurred, and different types of brain injuries can vary greatly in terms of severity, required medical treatment, and long-term effects. Here’s a breakdown of the most common severe head injuries we see in brain injury cases:

Concussions

While concussions are often labeled as “mild” TBIs, they should never be taken lightly. Even a seemingly minor blow to the head can cause lasting symptoms like headaches, memory problems, or cognitive impairments. Some individuals experience post-concussion syndrome, where these symptoms linger for months or even years. Repeated concussions can also increase the risk of chronic traumatic encephalopathy (CTE), a degenerative brain disease seen in many athletes and military personnel.

Contusions

A brain contusion is essentially a bruise on the brain itself, typically resulting from a direct impact. This injury involves bleeding within the brain, which can lead to swelling and pressure buildup. Severe contusions may require surgery to relieve this pressure and prevent further brain damage. Depending on the location of the contusion, victims can suffer cognitive, emotional, and physical deficits.

Diffuse Axonal Injury (DAI)

DAI is one of the most serious forms of TBI, usually caused by violent rotational forces or rapid deceleration, as seen in high-speed car accidents. This injury affects the brain’s white matter, where nerve fibers are stretched or torn. Victims with DAI often lose consciousness immediately and may fall into a coma. Recovery from DAI is incredibly challenging, with many victims suffering permanent damage.

Hematomas

Hematomas occur when blood pools outside of blood vessels, leading to pressure on the brain. There are several types of hematomas that are particularly concerning in TBI cases:

  • Epidural hematoma: Blood collects between the skull and dura (the outer covering of the brain), often following skull fractures. Without prompt treatment, this can be fatal.
  • Subdural hematoma: Blood accumulates beneath the dura, creating pressure on the brain. Symptoms may worsen over time, requiring surgical intervention.
  • Intracerebral hematoma: This involves bleeding within the brain itself and is often caused by severe trauma or a ruptured blood vessel.

Skull Fractures

A skull fracture occurs when the bone of the skull is broken. There are different types of fractures:

  • Linear fractures: A simple break without displacement of the bone.
  • Depressed fractures: The broken part of the skull is pushed inward, which can press on the brain and require surgical correction.
  • Basilar fractures: These fractures occur at the base of the skull and can result in complications like fluid leakage or nerve damage.

In brain injury cases, getting the right legal representation ensures that every aspect of your injury—whether physical, cognitive, or emotional—is factored into your claim for compensation. This comprehensive approach can make all the difference in recovering the full amount you deserve.

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Damages You Can Recover After a TBI in Chesapeake VA

After a TBI, victims may face a range of expenses, which encompass both economic and non-economic losses. The damages you can recover in a TBI case will vary depending on the severity of your injuries and the specific circumstances of your case, but you may be entitled to compensation for:

  • Medical expenses: This includes past and future medical bills, such as hospital stays, surgery, rehabilitation, and medication.
  • Lost wages: You can recover compensation for lost income due to your injury, including both past and future wages.
  • Pain and suffering: This is awarded for the physical and emotional distress you’ve endured as a result of your TBI.
  • Loss of consortium: This is usually claimed by the victim’s partner, and includes compensation for the loss of companionship, love, and support.
  • Punitive damages: These damages are awarded in cases where the defendant’s conduct was particularly harmful or unacceptable.

At Tronfeld West & Durrett, we diligently work to ensure you receive compensation that covers the full extent of your damages, providing relief and support in your recovery journey.

What Are Your Legal Options After a TBI?

Following a TBI, it is crucial to seek legal counsel as soon as possible. An experienced attorney will help you understand your legal rights and options and guide you through the whole legal process.

If the accident was caused by someone else’s negligence, Virginia’s legal system offers various options for TBI victims seeking compensation and justice.

One common legal route is filing a personal injury claim, which involves legally establishing that someone else’s negligence or intentional action caused your injury. A personal injury lawsuit can be filed against an individual, a company, or even a government entity, depending on the circumstances of the injury.

On the other hand, settlement negotiations are another common approach in TBI cases, where both parties discuss a fair compensation amount to cover the victim’s damages. Often, the party at fault or their insurance company may prefer to settle the matter out of court to avoid the costs and uncertainties of a trial. 

However, no matter which path you decide to pursue, keep in mind the statute of limitations for personal injury claims (as outlined in Virginia Code § 8.01-243). This law stipulates the time frame within which a victim must file a claim, making it essential to act promptly. 

The Process of Pursuing a TBI Claim in Chesapeake

Generally, pursuing a TBI claim involves:

Step 1: Case Evaluation and Evidence Gathering

During your initial consultation, your lawyer will embark on a thorough investigation of the circumstances surrounding the incident. This involves collecting and analyzing all relevant evidence (including medical records, accident reports, and witness statements), to build a strong foundation for your claim.

Step 2: Claim Filing and Negotiation

With a solid case in hand, we proceed to file a claim on your behalf. This step often involves negotiations with insurance companies or opposing parties to reach a fair settlement that adequately compensates for your losses.

Step 3: Litigation and Trial

If negotiations don’t result in a satisfactory outcome, you have the option to file a lawsuit and take the case to trial. In this scenario, an experienced attorney becomes an invaluable asset to represent you in court, advocating for your rights and striving for the justice you deserve.

The Statute of Limitations for a Brain Injury Case in Virginia

If you or a loved one has suffered a traumatic brain injury (TBI) in Virginia, knowing the legal deadlines is critical to protecting your rights. Virginia law generally gives you two years from the date of the injury to file a lawsuit for a brain injury claim. This two-year window falls under the statute of limitations, which is essentially the time limit for taking legal action.

There are exceptions to this rule, however. For example, if the brain injury victim is minor or legally incapacitated, the statute of limitations may be extended, allowing for more time to file a claim. Another important consideration is the discovery rule, which might come into play if the injury wasn’t immediately evident or diagnosed. In those cases, the clock may start ticking from the date the injury was discovered or should have been reasonably discovered.

Acting swiftly allows your TBI attorney to build the strongest possible case while staying ahead of these deadlines.

Benefits of Hiring Our Chesapeake Attorneys – Maximizing Your Recovery for a Traumatic Brain Injury

Choosing the right attorney for filing a traumatic brain injury (TBI) claim is crucial. In fact, experienced legal representation will significantly influence the outcome of your case, ensuring you receive the necessary compensation for recovery. 

To build a strong claim, we provide tailored advice to help you navigate the challenges of your case and rebuild your life post-injury. At Tronfeld West & Durrett, we’re equipped with the necessary resources and expertise to advocate for your rights. Our commitment is to fight for the maximum compensation possible; so if you’ve been injured in Chesapeake, don’t hesitate to contact us for a free consultation.

Call or text 800-321-6741 or complete a Free Case Evaluation form

What Are the Most Common Types of Personal Injury Claims?

Automobile accidents are, by far, the most common type of personal injury claim. There are more than 17,250 car accidents every day in the United States, and many of those accidents are the direct result of negligence or carelessness on the part of a driver. Auto accidents can cause injuries that result in lifelong medical issues and pain. Therefore, holding the careless driver responsible is extremely important.