2. Insurance Coverage for Intentional Acts Like Assault
Many personal injury lawsuits, including those resulting in traumatic brain injuries, involve claims against the defendant’s insurance provider. Commercial buildings have premises liability insurance and motorists have car insurance. However, insurers may deny brain injury claims if the negligent party’s policy doesn’t cover the specific situation involved in causing the injury.
A particularly relevant example is an intentional act of violence, like assault. By definition, assault and battery refers to an intentional act that results in physical injury. Violent acts that cause TBIs include domestic violence, gun violence, strangulation, and hitting a solid object when pushed or hit.
In cases where insurance doesn’t cover intentional acts, victims may still seek to recover damages if the defendant has the resources to pay. Discuss your case with our Virginia brain injury lawyers for possible options to explore.
3. Significant Damages From a Traumatic Brain Injury
Recovery of potential damages for your loved one could be significant. The total settlement needs to cover both short-term expenses and long-term costs of brain injury. Possible economic and non-economic damages in a traumatic brain injury lawsuit may include:
- Current lost wages, including sick pay, vacation time, and paid time off
- Reduced future earnings and benefits, including future career growth
- Emergency medical services, like hospital visits
- Ongoing medical care and expenses, such as physical therapy and counseling
- Out-of-pocket expenses related to the injury
- Pain and suffering, including PTSD, cognitive challenges, and difficulty sleeping
- Personal care assistance and the installation of adaptive devices
- Emotional trauma
- Loss of life enjoyment due to permanent impairments and disabilities
- Punitive damages
We co-counseled an assault victim in a highly publicized case against a former NFL player. Her then-boyfriend slammed her head onto the floor during a heated argument. She suffered a traumatic brain injury, along with severe bruises, cuts, and swelling. In the end, we secured a $2.5 million settlement from the defendant’s homeowners’ insurance company.
Seek the Justice and Full Restitution Your Loved One Deserves
Your beloved family member may feel lost or downtrodden after their physical attack. The profound impact of their traumatic brain injury can feel like more than they can handle. Criminal charges aren’t the only path to justice in these cases. By partnering with a lawyer after a brain injury, you can explore all possible paths for fair and full compensation.
Put your trust in our commitment to you. “Mr. Mottley goes above and beyond to ensure his clients get the justice they deserve,” writes past client Siobhan W. “Not only is Mr. Mottley sincere, he is also thoughtful. He cares about his clients and ensures he will do everything he can to get the results his clients are looking for.”
