TBIs are life-altering events that represent significant legal challenges when pursuing compensation to cover medical bills and other related damages. At Tronfeld West & Durrett, we have provided expert legal support to the injured in Virginia since 1972, and we’re here to help you file a personal injury claim after a TBI. We can take care of all the legal aspects regarding your case while you focus on your recovery.

Newport News Attorneys – Helping Brain Injury Victims

Our team of personal injury lawyers is equipped with the experience, knowledge, and resources to handle all aspects of TBI cases. By recognizing the unique challenges faced by brain injury victims, we can offer personalized legal strategies tailored to your specific circumstances, with the goal of ensuring you receive the compensation you’re entitled to. 

Causes of Traumatic Brain Injuries

As reported by the Centers for Disease Control and Prevention, traumatic brain injuries (TBIs) are a significant health concern, with over 69,000 TBI-related deaths every year in the United States, which is about 190 TBI-related deaths each day.

Identifying the causes of brain injuries is a critical step in any TBI case, as it directly influences the determination of fault and thus the legal strategy for claiming compensation. Some of the most common causes of TBIs include:

  • Motor vehicle accidents: Collisions involving cars, trucks, motorcycles, or pedestrians often lead to TBIs.
  • Workplace injuries: In industrial or construction environments, TBIs usually result from safety protocol breaches or equipment malfunction.
  • Slips and falls: These often become cases of premises liability and can occur in public or private settings.
  • Acts of violence: Assaults or other physical confrontations can easily result in TBIs.
  • Medical malpractice: TBIs can also be caused by errors in medical treatment or surgical procedures.

In each scenario, determining the cause of the TBI is essential for establishing liability. During this process, legal professionals build a strong case for compensation by conclusively linking the cause of the injury to the responsible party’s negligence.

For answers to your questions with a traumatic brain injury serving Newport News, call:
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Legal Expertise for Traumatic Brain Injury Cases in Newport News

At Tronfeld West & Durrett, we employ a thorough approach to ensure a successful personal injury claim, forming the basis for arguing the case and securing the compensation you deserve. But for this, first it’s necessary to prove liability.

Determining Liability

A critical step in any TBI case is determining who is at fault. This process involves a detailed investigation to pinpoint liable parties, which could include individuals, companies, or other entities. 

Identifying the responsible party isn’t just about establishing fault, but it’s a necessary step in seeking fair compensation for the injured. In every case where the injury results from someone else’s negligence, a comprehensive investigation is essential to uncover the root cause and link it to the party at fault. 

Types of Damages Recoverable in Traumatic Brain Injury Cases

Victims of traumatic brain injuries (TBIs) face several damages, each impacting their lives differently. To ensure they receive the compensation they deserve, it’s necessary to accurately assess and quantify these damages. In TBI cases, the types of recoverable damages typically include:

  • Medical expenses: To cover immediate treatment costs and ongoing medical care.
  • Lost wages: This is compensation for income lost due to the inability to work.
  • Pain and suffering: To address the physical and emotional distress caused by the injury.

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Legal Options for Traumatic Brain Injury Victims in Newport News

Victims of traumatic brain injuries in Newport News have typically two legal avenues available to them. On the one hand, settlement negotiations involve discussions with the liable party or their insurance company to agree on a compensation amount without court intervention. 

Although most cases are resolved at this stage, if a fair settlement cannot be reached the case may proceed to trial. In a trial, your lawyers will present your case’s details before a judge or jury, who will then determine liability and the amount of compensation due.

Additionally, it’s important to remember the two-year statute of limitations outlined in Virginia Code, which emphasizes the need for timely action. It’s essential to file your claim within this timeframe to avoid losing your right to recover compensation. 

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The Legal Process for Traumatic Brain Injury Claims

If you have a case and are considering filing a claim to pursue compensation, these are steps you can expect to experience in the process:

Step 1: Initial Consultation and Case Assessment

The first step in pursuing a TBI claim is to have an in-depth consultation with a personal injury lawyer. This initial meeting serves to evaluate the specifics of your case and determine the best course of action to move forward.

During this stage, we’ll assess the details of the incident, gather evidence to prove negligence and determine the case’s value and viability.

Step 2: Gathering Evidence and Filing a Claim

Following the initial consultation, the next phase involves gathering the pertinent evidence to build a robust case that takes into account all relevant local and state-wide laws and regulations. This process is key to both establishing liability and quantifying damages.

Then, our attorneys will initiate the formal process of filing the claim, adhering to the legal requirements and deadlines stipulated by the court.

Step 3: Negotiation and Litigation

During the final stage, we’ll engage in negotiation with the opposing parties and their insurers to seek a fair settlement. However, if we can’t reach a satisfactory resolution through negotiation, we are prepared to pursue litigation and advocate for your rights in court.

Why You Need a Newport News Traumatic Brain Injury Lawyer

Understanding the legal landscape of traumatic brain injury cases is just the first step in your journey toward justice. The next critical step is to seek representation from an experienced personal injury lawyer, which will significantly impact the outcome of your case after a TBI. 

If you believe you have a case, you can now take proactive steps toward securing the compensation and support you need to move forward with your life. Contact us today to schedule a free consultation, and let’s discuss your case.

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