Your head throbs, you struggle to focus on what the doctor is saying, and you're not sure what to do next. Whether you slipped on a wet floor at the grocery store or were hit by a distracted driver, a traumatic brain injury can leave you feeling overwhelmed and uncertain.
At The Mottley Law Firm, our Richmond traumatic brain injury lawyer has helped many Virginia residents understand what actions to take in those critical first weeks after a TBI. While every brain injury case unfolds differently, this timeline can help you protect both your health and your legal rights.
Week 1: Immediate Medical Care and Documentation
Your priority in the first week is getting proper medical care. Virginia's contributory negligence law means documentation from the start is essential to protect your right to compensation.
Seek Emergency Treatment
The emergency room doctor will perform a neurological examination and may order a CT scan or MRI to assess brain damage. Even if you initially refused treatment at the accident scene, go to the ER or an urgent care facility within 24 hours of your injury, as prompt medical care creates a clear link between the accident and your symptoms.
Document Everything
Start a detailed diary noting your symptoms, including headaches, dizziness, memory issues, sleep problems, and mood changes. Take photos of visible injuries and save all medical paperwork, prescriptions, and receipts in a dedicated folder.
Contact an Attorney
A Richmond traumatic brain injury lawyer can help preserve crucial evidence, protect your legal rights, and handle communications with insurance companies while you focus on recovery. The initial consultation is free, and your attorney can explain how Virginia's laws might affect your case.
Rest and Monitor
Your brain needs time to heal. Follow your doctor's instructions about physical and cognitive rest. Have a family member or friend stay with you for the first few days to watch for red flags like worsening headaches, slurred speech, or increased confusion.
Week 2: Follow-Up Care and Building Your Case
The second week after a TBI focuses on establishing your ongoing medical needs while gathering evidence to support your claim.
See Medical Specialists
A neurologist can perform detailed cognitive testing and develop a specialized treatment plan for your injury. You may also need referrals to other specialists like vestibular therapists or neuropsychologists who can address specific symptoms.
Gather Evidence
Along with photographs of the accident scene, this is the time to start collecting additional evidence to support your claim and protect your legal rights. Your lawyer can help obtain surveillance footage, accident reports, and other time-sensitive evidence before it disappears. They may also confirm witness contact information.
Track Expenses
Create a spreadsheet or use a dedicated app to record all expenses related to your injury, including medical bills, travel costs to appointments, and medication expenses. Keep your pay stubs and any communication from your employer about missed work or modified duties.
Get Family Support
Ask family members to write down specific examples of how your injury affects your daily activities and relationships. Their observations can help document changes in your personality, behavior, or abilities that you might not notice.
Week 3: Long-Term Planning Begins
By week three, you'll have a clearer picture of your injury's impact and can start planning for the future.
Develop Your Treatment Plan
Work with your medical team to create a rehabilitation schedule that might include physical therapy, occupational therapy, or cognitive rehabilitation. Your doctors can provide documentation about your expected recovery timeline and potential long-term limitations.
Delegate Insurance Communication
Let your attorney handle all discussions with insurance adjusters to avoid statements that could harm your claim. Your lawyer will ensure all required notices and documentation are filed within Virginia's legal deadlines.
Plan Your Finances
Review your health insurance coverage and discuss payment options with your medical providers. Your attorney can help you understand how Virginia law affects your ability to recover damages for medical expenses and lost income.
Return to Activities Slowly
Follow your doctor's guidance about gradually resuming daily activities and work responsibilities. Keep detailed notes about any difficulties you experience as you try to return to your regular routine.
Week 4: Assessing Progress and Next Steps
The fourth week after a traumatic brain injury is the time to evaluate your recovery and solidify your legal strategy.
Complete a Full Medical Assessment
Your healthcare team will evaluate your progress and may perform follow-up imaging or testing to track your recovery. This assessment helps determine whether you need additional treatments or accommodations.
Start Developing a Legal Strategy
Review all collected evidence with your attorney and discuss the strength of your claim under Virginia law. Your lawyer can explain how factors like preexisting conditions or shared fault might affect your case.
Reach Out to Your Support Network
Connect with local TBI support groups around Richmond to learn from others who understand your challenges. Your medical team can recommend resources for both you and your family members.
Discuss Future Care Needs
Work with your doctors and a TBI life care planner to develop a long-term treatment plan that addresses your ongoing recovery needs. Your attorney can help ensure any settlement or verdict accounts for future medical care and rehabilitation costs.