If you or a loved one has suffered a traumatic brain injury, with the right legal guidance, it’s possible to confidently walk the complicated legal system to get the compensation you rightfully deserve.
At Tronfeld West & Durrett, we have over 50 years of experience handling all sorts of types of personal injury cases all over Virginia, including TBIs. We are well-versed in Virginia’s law and can build a compelling case to represent your interests and fight for your rights.
Seeking Help From a Virginia Beach Lawyer for Traumatic Brain Injuries
In the United States, traumatic brain injuries (TBIs) account for approximately 30% of all injury-related deaths, according to the Centers for Disease Control and Prevention. Additionally, TBIs can result in long-term physical, cognitive, and emotional effects that impact every aspect of a person’s life.
If you have suffered a TBI due to someone else’s negligence, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. But the laws surrounding personal injury and medical malpractice can be intricate and are often subject to interpretation, which makes dealing with the physical and emotional aftermath of a brain injury even more challenging.
That’s where we come in. Our experienced personal injury lawyers in Virginia Beach can help you understand your legal rights and options, choose the best course of action for your case, and guide you through the process of seeking fair compensation.
As you can see in our case results, we have a proven track record of success in handling TBI cases, and we are committed to fighting for the best possible outcome for your case.
For answers to your questions with a traumatic brain injury serving Virginia Beach, call:
800-321-6741
Understanding the Impact of Traumatic Brain Injury
According to the Centers for Disease Control and Prevention, traumatic brain injuries are a leading cause of death and disability in the United States, with over 60,000 TBI-related deaths per year.
A traumatic brain injury occurs when the brain is damaged by a sudden blow or jolt to the head, or by an object penetrating the skull. TBIs manifest in various forms and severities and result in a wide range of symptoms and long-term effects.
For example, TBIs can range from mild concussions, which may only result in temporary disorientation, to severe brain damage with long-term cognitive impairment, emotional instability, and even permanent disability. Other symptoms include:
- Loss of consciousness
- Headache
- Nausea or vomiting
- Dizziness or loss of balance
- Blurred vision
- Sensitivity to light or sound
- Memory loss or confusion
- Mood changes or depression
Understanding the medical specifics of your injury is not just crucial for your health, but it’s also vital for building a compelling legal case. Medical evaluations, neuroimaging tests like MRIs and CT scans, and consultations with neurological experts are integral components of substantiating the extent and impact of the injury.
At Tronfeld West & Durrett, we work with medical experts and other professionals to understand the full extent of your injuries and the long-term effects you may experience, using this information to build a strong case for compensation that takes into account all of your needs and expenses.
What Are Some Symptoms Of A Brain Injury
Traumatic brain injuries can manifest in various ways, and the symptoms can range from mild to severe. Recognizing the symptoms early is crucial for seeking immediate medical attention and for documenting the injury for legal purposes.
Common signs of a brain injury include:
- Loss of consciousness: Even a brief loss of consciousness can be a sign of a significant brain injury.
- Headache: Persistent or severe headaches are common symptoms following a TBI.
- Nausea or vomiting: These symptoms often accompany a concussion or more severe brain injury.
- Dizziness or loss of balance: Difficulty maintaining balance or frequent dizziness can indicate brain trauma.
- Blurred vision: Changes in vision, such as blurriness or double vision, may be a sign of brain injury.
- Sensitivity to light or sound: Increased sensitivity to light or noise is often reported by TBI victims.
- Memory loss or confusion: Difficulty remembering recent events or experiencing confusion about time or place.
- Mood changes or depression: Emotional instability, including mood swings, anxiety, or depression, can occur after a brain injury.
The earlier you recognize and report a TBI, the more likely you are to receive the appropriate medical treatment and support a personal injury claim.
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The Long-Term Impact Of A Traumatic Brain Injury
We have seen how traumatic brain injuries can have long-lasting effects that significantly impact various aspects of a victim’s life. These impacts can be physical, visual, and cognitive, each requiring different forms of medical and therapeutic intervention.
Physical Impact
The physical consequences of a TBI can be profound and enduring. Victims may experience chronic pain, motor skill impairments, and reduced coordination. These physical challenges often necessitate long-term physical therapy and rehabilitation. In severe cases, TBIs can result in partial or complete paralysis, drastically altering the victim’s lifestyle and independence.
Visual Impact
TBIs can also affect a victim’s vision. This can include blurred vision, double vision, or complete loss of sight in severe cases. These visual impairments can interfere with daily activities and may require the use of corrective lenses or surgery. Additionally, visual disturbances can exacerbate other symptoms, such as dizziness and balance issues.
Cognitive Impact
The cognitive effects of a traumatic brain injury can be particularly debilitating. Victims may suffer from memory loss, difficulty concentrating, and impaired judgment. These cognitive deficits can affect the ability to work, study, and perform routine tasks. Emotional and psychological effects, such as anxiety, depression, and personality changes, are also common and may require ongoing psychological support and therapy.
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Possible Compensation After a Brain Injury
Securing compensation after a traumatic brain injury involves multiple considerations. On the one hand, the type of compensation you may be eligible for will vary widely depending on the specifics of your case.
Medical expenses, for instance, can include not just immediate hospital bills but also long-term rehabilitation costs, medication, and any required surgical procedures.
Additionally, you may be entitled to compensation for lost wages if your injury has rendered you unable to work, either temporarily or permanently. There are also non-economic damages to consider, such as pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to quantify but are no less important in ensuring you receive a fair and comprehensive settlement to help you recover properly.
Additionally, the amount of compensation you get depends on a variety of factors, including the severity of your injury, the impact it has had on your life, and the degree of fault of the party responsible for it.
Demonstrating a Traumatic Brain Injury Case
To secure compensation, you must demonstrate that another party’s negligence or intentional act led to your injury. This often involves assembling a comprehensive portfolio of evidence, including but not limited to medical records, eyewitness accounts, and accident reports. Additionally, you may require the help of medical experts, accident reconstruction specialists, and other professionals.
Under Virginia law, negligence is defined as the failure to exercise reasonable care, which results in injury or harm to another person. So, in order to prove negligence in a TBI case, you will need to show that:
- The other party had a duty to exercise reasonable care to prevent harm to you;
- The other party breached that duty by acting in a way that fell below the standard of care;
- The breach of duty caused your TBI;
- You suffered damages as a result of the TBI.
Potential Damages You Can Recover After a TBI
Victims of traumatic brain injuries may be eligible for a wide array of compensatory damages. In general, you may be able to recover compensation for:
- Medical expenses, including hospitalization, surgery, and rehabilitation.
- Lost wages and future earning capacity.
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Property damage.
In some cases, you may also be able to recover punitive damages, which are intended to punish the party responsible for your injury and deter others from engaging in similar conduct in the future.
What is the Time Limit to File a Virginia Beach Brain Injury Lawsuit
In Virginia, the statute of limitations for filing a lawsuit related to a brain injury is generally two years from the date of the injury. This means that you have a two-year window to initiate legal proceedings against the party responsible for the injury. If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation.
This statute of limitations applies to most personal injury cases, including those involving traumatic brain injuries, as stipulated by Virginia Code § 8.01-243. It’s essential to consult with an experienced attorney at our law firm as soon as possible to ensure that your case is filed in a timely manner and to preserve your right to compensation.
Seeking Fair Compensation With a Virginia Beach Head Injury Lawyer
At Tronfeld West & Durrett, our team will guide you through each step of the legal process, from the initial consultation and evidence gathering to settlement negotiations or court representation.
So, if you have suffered a traumatic brain injury in Virginia Beach, don’t hesitate to contact us today to schedule a free consultation with one of our experienced lawyers. We will review your case, answer your questions, and help you understand your legal rights and options. Let us help you get the justice you deserve!
Call or text 800-321-6741 or complete a Free Case Evaluation form