Virginia Traumatic Brain Injury Lawyer FAQs

Your life changed in an instant when another driver ran a red light and crashed into your car on Broad Street, leaving you with a traumatic brain injury. Now, you're dealing with ongoing medical treatments, missed work, and mounting bills. You know you need to take legal action, but you're unsure how much time you have to file a claim.

Our Richmond brain injury lawyer understands the challenges you're enduring. We help TBI victims like you understand their legal rights and take action within Virginia's required statute of limitations. 

Standard Time Limits for Virginia Brain Injury Claims

In Virginia, you generally have two years from the date of your injury to file a personal injury lawsuit under Virginia Code § 8.01-243. The Virginia brain injury statute of limitations applies to most TBI cases, including those caused by car accidents, slip and fall incidents, construction site accidents, workplace injuries, and sports injuries.

For example, if you suffered a traumatic brain injury in a car crash on January 1, 2024, you would need to file your lawsuit by January 1, 2026. Missing this deadline typically means losing your right to seek compensation.

The two-year limit applies regardless of whether you're still receiving medical treatment or haven't yet reached maximum medical improvement. This makes it vital to start working with a Richmond brain injury lawyer as soon as possible after your injury.

Special Rules for Claims Against Government Entities

Filing a claim against a government entity requires careful attention to specific notice requirements and deadlines. 

Local Government

If you plan to file against a local government entity in Virginia, you must provide written notice of your claim within six months of the injury. The notice must include specific details about the incident, your injuries, and the compensation you're seeking. The maximum cap on available compensation is $100,000 per claim.

State Government

Claims against state government follow different rules under the Virginia Tort Claims Act. You must file a formal notice within one year of your injury. The notice should detail the time and place of your injury, the nature of your claim, and the amount of compensation you're seeking. Like local claims, state claims are limited to $100,000 in total damages.

Federal Government

Federal government claims require yet another process under the Federal Tort Claims Act. You have two years to file an administrative claim with the relevant federal agency. You must file this brain injury claim before you can pursue a lawsuit. The agency then has six months to respond before you can file in federal court.

Traumatic Brain Injury Caused by Medical Malpractice 

If your brain injury resulted from medical negligence, Virginia Code § 8.01-243.1 sets specific deadlines. The standard Virginia brain injury statute of limitations of two years typically still applies. However, you may have more time to file a claim if the injury wasn't immediately apparent.

Special rules apply to children injured by medical malpractice. If the child was less than eight years old at the time of the injury, the deadline extends until their 10th birthday, giving parents more time to recognize the full impact of the TBI and take legal action.

How Virginia's Pure Contributory Negligence Rule Affects Your Claim

Virginia follows a pure contributory negligence standard. This means if you were even 1% to blame for the accident that caused your TBI, you cannot recover damages. For instance, if you were texting while walking and got hit by a speeding driver who ran a red light, you might be found partially at fault. Even though the driver was primarily responsible, your contribution to the accident would bar you from recovery.

Important Exceptions That May Extend Filing Deadlines

Several circumstances can extend or "toll" the standard two-year deadline. 

Mental Incapacity

Say someone suffered a severe TBI from a physical assault that left him unable to understand his legal rights for eight months. The court may extend his filing deadline by eight months since he was mentally incapacitated during this time.

Minor Status

Imagine a 15-year-old who suffers a traumatic brain injury in a fall at a store. Instead of the standard two-year limit, she has until her 20th birthday to file a claim, two years after reaching age 18.

Defendant Leaving Virginia

If the defendant in a Virginia brain injury claim leaves the state, the time spent out of state does not count toward the two-year time limit. This effectively extends the filing deadline for eligible TBI claims. 

Fraud or Concealment

Consider a victim whose TBI resulted from a defective product. The manufacturer knew about the defect but actively hid this information for years. The court ruled that the filing deadline didn't begin until Mary discovered the concealed information.

Steps to Protect Your Legal Rights

To preserve your right to compensation following a TBI:

• Document everything related to your injury and treatment
• Get copies of all medical records, including emergency room visits, surgical procedures, and occupational therapy sessions
• Keep detailed records of missed work days and any expenses related to your injury
• Take photos of visible injuries and the accident scene if possible
• Get contact information from any witnesses
• Start a daily journal documenting your symptoms and how the injury affects your daily life.
• Get help from our Richmond brain injury lawyer 

Don't risk losing your right to justice for your traumatic brain injury. The skilled legal team at the Mottley Law Firm will file your claim correctly and on time. We understand Virginia's legal deadlines and requirements and will protect your right to seek fair compensation.

You’re still reeling from the crash last week on the I-95 near Richmond when a commercial truck suddenly merged into your lane and sent your car into the shoulder. While dealing with painful injuries and mounting medical bills, you’ve heard that the truck’s black box might help, but you aren’t sure what that means for your case.

At the Mottley Law Firm, our Richmond truck accident lawyer understands how crucial black box data can be in proving fault after a collision. This technology captures vital information about the truck's operation in the moments before impact. Read on to learn how this evidence could support your personal injury claim.

Understanding Event Data Recorders in Commercial Trucks

Much like the black boxes in airplanes, commercial trucks contain event data recorders (EDRs) that continuously monitor and record information about the vehicle's operation. Modern EDRs capture an extensive range of data points that can paint a detailed picture of events leading up to a crash.

Key information recorded by truck black boxes may include:

• Average and highest speeds
• Time driven
• Brake application patterns
• Following distance warnings
• Sudden acceleration or deceleration events
• Seat belt usage

Some advanced EDR systems also monitor engine RPM, throttle position, cruise control settings, and whether safety systems like anti-lock brakes were engaged.

This wealth of truck black box data allows accident reconstructionists to create detailed timelines of what happened. For instance, EDR data might show that a truck driver failed to apply brakes until less than a second before impact, suggesting distraction or fatigue. It could reveal that the driver was traveling 70 mph in adverse weather conditions when other vehicles had slowed to 45 mph.

Federal Regulations Governing Black Box Data

The Federal Motor Carrier Safety Administration (FMCSA) requires most commercial trucks to be equipped with electronic logging devices (ELDs). These may track service hours and other information, but their data may not be as extensive as what EDR systems may provide. 

These devices must meet specific technical standards and be capable of recording certain minimum data sets. While commercial carriers must maintain the devices, they aren't explicitly required to preserve the data after a crash unless specifically ordered to do so. This is why quick action through your attorney is essential.

Challenges in Obtaining EDR Data as Evidence

Securing black box data involves several potential hurdles. Most EDRs only retain information for about 30 to 60 days before recording over it. Additionally, the data may be password protected, requiring specialized software and expertise to access. Some trucking companies may claim the data is proprietary information or attempt to shield it through various legal maneuvers.

This is where having an experienced Richmond truck accident lawyer becomes crucial. At The Mottley Law Firm, we take immediate steps to protect this evidence by:

• Sending detailed spoliation letters demanding preservation of all EDR data
• Filing emergency motions for temporary restraining orders if necessary
• Working with qualified technical experts who can properly download and interpret the data
• Addressing any claims of confidentiality or trade secrets
• Ensuring proper chain of custody documentation

How Truck Black Box Data Works With Other Evidence

EDR data becomes most powerful when combined with other forms of evidence in building a comprehensive injury claim and proving what caused the truck accident to occur. 

Dashcam Video and Witness Testimony

Consider a scenario where a truck driver claims they were cut off by another vehicle, forcing them to swerve into your lane. The black box data showing no sudden braking or evasive maneuvers, combined with dashboard camera footage and witness statements, could definitively refute this defense. 

Cell Phone Records

Cell phone records showing the driver was texting become even more damaging when paired with EDR data revealing erratic speed changes and lane departures in the minutes leading up to the truck accident. 

Location Tracking Information

GPS data from the truck's system can be cross-referenced with EDR information to establish precise location and movement patterns. This could potentially prove that the truck driver violated traffic laws or company safety policies. 

Reckless Driving

In cases involving poor weather conditions, black box data showing that a truck maintained highway speeds despite reduced visibility can be combined with weather reports and photos from the scene to establish reckless behavior. This multi-layered approach to evidence creates a compelling narrative that's difficult for insurance companies to dispute.

EDR Analysis Technical Requirements

Accessing and interpreting black box data after a Richmond semi-truck accident requires specialized equipment and expertise. This could cost several thousand dollars per analysis, a cost you may recover as part of your total compensation. 

The process typically involves certified technicians using manufacturer-specific software and hardware interfaces to download the raw data. Our law firm coordinates with dedicated accident reconstruction specialists to retrieve and analyze this data. The analysis must follow strict protocols to ensure data integrity and admissibility in court. 

Chain of custody documentation must be maintained, and the download process itself must be witnessed and documented. Some newer EDR systems require manufacturer representatives to be present during data retrieval, adding another layer of complexity and cost to the process.

Valuing Damages in a Virginia TBI Case With Pre-Existing Conditions

Determining the value of damages in a brain injury case involving pre-existing conditions can be challenging. The focus is on compensating you for how the accident worsened your condition or caused new injuries. Potential damages may include:

• Medical expenses. This includes past and future costs for treatment, rehabilitation, and ongoing care related to the accident-induced changes.
• Lost wages and diminished earning potential. You deserve compensation for time off work and reduced earning capacity due to your worsened condition.
• Pain and suffering. Damages for physical pain and emotional distress caused by the accident may be recoverable.
• Loss of enjoyment of life. Your claim may include compensation for how the accident-related changes have impacted your quality of life.

A Richmond Personal Injury Lawyer Can Strengthen Your Case

Understanding a brain injury case with pre-existing conditions and securing fair compensation can be daunting. A Virginia personal injury lawyer can provide invaluable assistance by:

• Gathering and organizing medical evidence to clearly demonstrate how the accident affected your condition
• Consulting with medical experts to build a strong case for how the accident exacerbated your pre-existing condition or caused new injuries
• Negotiating with insurance companies who may try to attribute all your symptoms to your pre-existing condition
• Representing you in court if a fair settlement cannot be reached

Examples of Brain Injury Cases and Pre-Existing Conditions

Consider these hypothetical real-world scenarios. 

John had a history of mild cognitive impairment. After a slip-and-fall accident caused a TBI, he was no longer able to live independently. His long-term care needs increased substantially with significant changes in his condition. John’s lawyer helped him recover damages to pay for these added expenses and loss in quality of life. 

Or, take Maria, who suffered from occasional vertigo. A car accident resulted in a traumatic brain injury that made her vertigo constant and debilitating. Her attorney successfully argued for compensation covering her increased medical expenses and inability to work.

Seek Legal Guidance for Your Virginia Brain Injury Case

If you've suffered a traumatic brain injury in Virginia and are concerned about how a pre-existing condition might affect your claim, don't let uncertainty prevent you from seeking the compensation you deserve. Millions of dollars in settlements could be on the table. 

At The Mottley Law Firm, our Richmond TBI lawyers understand how pre-existing conditions can complicate recovery in brain injury cases. We're committed to helping you build a strong case that accurately reflects how the accident has impacted your life. Let us help you take the first step towards justice.

What to Expect When Working With a Virginia Life Care Planner

There are several steps to this process. During an initial consultation, they may ask several questions about your brain injury and related symptoms, such as:  

• Can you describe the accident that caused your TBI?
• What treatment or support are you currently getting for your condition?
• Do you experience nausea, dizziness, or persistent seizures?
• How would you describe the symptoms of your brain injury?
• Has your TBI impacted your employment?
• In what ways does your condition affect your daily activities?
• How does your doctor describe the prognosis of your recovery?
• If you couldn’t receive appropriate care services, how would that impact your life?

After the meeting, the life care planner will require you to send copies of all relevant medical records. This may include any doctor’s notes assessing your injuries, documents outlining your current treatment plan, and a list of current medications. They might also ask to interview your current employer, medical support staff, and other professionals to better understand your situation. 

Another critical aspect of an evaluation of your condition and future needs is to interview friends and family members. For example, you might not fully appreciate the extent of your emotional problems after the traumatic accident, so that’s another factor to assess. 

After they’ve completed their research, the life care planner considers what future care may be needed. Then, they complete a document with estimated cost projections. 

Cost Projections in a Traumatic Brain Injury Life Plan

Whether it was from a slip-and-fall accident or a car crash, a traumatic brain injury can lead to significant expenses in the long term. In projecting future expenses, a life care planner may include:

• Medical treatments
• Psychological care
• Family counseling
• Physical therapy
• Occupational therapy
• Rehabilitation
• Assistive technology
• Home services
• Medication
• In-home or residential care
• Inpatient and outpatient care
• Vehicle modifications
• Home modifications

Benefits of Getting a TBI Life Care Plan 

This evaluation provides you with a practical life care plan that addresses your myriad needs as a TBI survivor. Another benefit is that it protects victims financially after a brain injury: it creates a valid and compelling argument for the total costs involved in present and future care. 

It’s vital to accurately represent the fair value for your TBI settlement. This number isn’t arbitrary. It needs to be supported by medical evidence, and a life care plan lays out these projected costs in black and white, and also accounts for rising costs and changing needs over time.

How to Find a Professional Traumatic Brain Injury Life Care Planner Near You

One of the best ways is to ask for a referral from a knowledgeable Virginia brain injury attorney. The legal team at The Mottley Law Firm has formed strong connections with relevant professionals who can help support your case. It’s important to work with trusted experts whose reports carry weight in negotiations. 

In a recent case, our client suffered a concussion after being involved in a rear-ender car accident. While it was deemed a “low impact” collision, the accident exacerbated preexisting issues and permanently damaged her employability. The case ultimately resulted in a $2 million settlement after private mediation.

Filing a Brain Injury Case With a Virginia TBI Attorney 

If someone else’s negligence or intentional actions caused your injury, you may be able to file a brain injury case to seek damages. Other parties may have owed you a duty of care and they violated that duty of care. If so, a Virginia brain injury lawyer will investigate your case and determine if it’s possible to seek a fair settlement for damages. 

Consult with an attorney at The Mottley Law Firm right away to explore your legal options. In Virginia, the statute of limitations is two years for most personal injury cases. If you do not file your brain injury claim within that limit, you may forfeit your ability to seek damages from the parties responsible for your injury. 

Understanding the Short- and Long-Term Costs of Traumatic Brain Injuries

When exploring the possibility of filing a civil lawsuit, it’s crucial to be comprehensive when estimating all current and future damages. Covering the initial cost of purchasing assistive technology devices may seem pressing, but there are long-term consequences related to a traumatic brain injury. TBI victims may need ongoing medical care, therapy, and rehabilitation. They may also require future modifications to their home to improve accessibility. Brain injuries can affect a person’s ability to earn an income. These are all reasonable expenses and losses in a brain injury case.

Co-counseling with MartinWren, The Mottley Law Firm represented a pedestrian who was struck by a vehicle driven by a Charlottesville City employee. His body was thrown 30 feet. Expert witnesses concluded future medical costs would be upwards of $3 million. After mediation, the client secured a $5 million settlement from the City of Charlottesville. 

You don’t have to struggle alone to build an independent life. Trust us to evaluate your needs and advocate for a fair settlement.

Possible Traumatic Brain Injury Hormone Issues 

Injuries to the pituitary gland and hypothalamus can cause a variety of hormone issues. What many of our Virginia traumatic brain injury clients report include damage to the following hormones: 

• ACTH: Adrenocorticotropic hormone governs the production of cortisol, the body’s main stress hormone, and stimulates the adrenal glands. Lower cortisol levels can cause fatigue and weakness. 
• TSH: Thyroid-stimulating hormone encourages regulation of metabolic rate and development. 
• LH: Luteinizing hormone triggers the production of testosterone and controls the menstrual cycle. 
• FSH: Follicle-stimulating hormone works in tandem with LH to control ovulation and the menstrual cycle. 
• PRL: Prolactin stimulates breast development and milk production in women. 
• GH: Growth hormone promotes growth in childhood and regulates metabolism. 
• ADH: Antidiuretic hormone affects kidney function and blood pressure.
• OXT: Oxytocin is involved in uterine contraction during childbirth and lactation for breastfeeding mothers.

A hormonal imbalance may only last a short time, but TBI-induced hormonal fluctuations can easily lead to permanent damage.

Potential Long-Term Effects and Symptoms

Physical, cognitive, and emotional problems after a TBI can profoundly impact a person’s quality of life. Pituitary injuries can affect almost every aspect of someone’s life. Possible symptoms may include:

• Extreme chronic fatigue
• Inability to sleep
• Depression and anxiety
• Reduced stamina and sex drive
• Erectile dysfunction in men
• Poorer time management
• Dysregulated thirst and urination
• Diminished social skills
• Difficulty focusing on tasks
• Changes in mood, like increased irritability 
• Memory problems
• Low blood pressure
• Nausea and vomiting 
• Chronic headaches
• Irregularities or cessation of menstrual cycles
• Weight changes,  muscle loss, and increased fat retention
• Loss of bone density
• Loss of body hair
• Developmental issues in children

In more severe cases, some people suffer an adrenal hormone crisis, which could be fatal.

Why You Need to Tell Your Personal Injury Attorney

From pedestrian accidents to workplace injuries, it’s critical to be as comprehensive as possible in fully diagnosing a TBI. Health providers sometimes miss damage to the pituitary gland and hypothalamus in traumatic brain injuries. For example, the above symptoms can sometimes be attributed to other causes, like post-concussive disorder. 

The Richmond attorneys at The Mottley Law Firm take on many personal injury cases, including traumatic brain injuries. Be sure to tell us about all symptoms, however minor. This includes possible hormone issues, even if you’re not sure if they’re caused by your TBU. We’ll advocate for your best interests.

In many cases, this may involve demanding certain medical tests to be completed. These can either confirm or rule out injuries to the pituitary gland that X-rays and MRIs don’t see. A neuroendocrinologist may complete an insulin tolerance test. The added specialization in head trauma distinguishes these medical specialists from more general endocrinologists.

A more complete diagnosis empowers you to assess and value your case more accurately. Lifelong hormone replacement therapy may be necessary. Doctors may prescribe other medications. The long-term impact of hormonal balance on employment and quality of life is equally important. 

Our Richmond Legal Team is Ready to Support Your Case and Maximize Potential Compensation

Trust the legal team at The Mottley Law Firm to champion your legal rights. It’s vital to get all the facts straight so you’re fairly compensated for your injuries. Long-term medical costs like hormone replacement therapy could be part of a lifelong treatment plan. 

In one notable traumatic brain injury case, our firm represented a 54-year-old man who was struck in a crosswalk by a City of Charlottesville official. The city refused to admit liability. Through persistent investigation, mediation, and negotiation, we were able to secure a $5 million settlement for our client. 

Common Symptoms and Possible Complications 

Basilar skull fractures present numerous symptoms which depend on the severity of the injury and damage location. Common symptoms include:

• Bleeding and/or bruising around the eyes and ears
• Increased fatigue and drowsiness
• Chronic or acute headaches
• Nausea and vomiting
• Convulsions and seizures
• Involuntary movement of face and eye muscles
• Diminished motor control
• Impaired vision and hearing, including blurred vision and ringing in the ears
• Increased pupil dilation
• Leaking fluid from the ear or nose
• Loss of consciousness or comas
• Dizziness and lack of coordination
• Difficulty sleeping or waking up from sleep
• Weakness or numbness in the extremities 
• Memory loss and other memory problems
• Difficulty concentrating on tasks
• Mood changes, including depression or anxiety
• Slurred speech

Unfortunately, signs of this injury may or may not be apparent right away, and can worsen over time. Basilar skull fractures also have a long-term impact on a person’s day-to-day life. In addition to potentially fatal meningitis, ocular nerve entrapment can permanently affect vision. Cranial nerve damage from basilar skull fractures frequently causes hearing loss, difficulty swallowing, and facial nerve palsy. 

Recoverable Damages in a Skull Fracture Case

When filing a personal injury lawsuit in Virginia, it’s important to know what damages you may be able to recover in a settlement. The skilled team at The Mottley Law Firm has helped countless clients seek fair compensation for their injuries due to someone else’s negligence. 

Common damages you may be eligible to recover in a TBI case may include:

• Cost of current medical treatments
• Expected expenses related to future medical care
• Occupational therapy, rehabilitation services, and psychiatric therapy
• Current lost wages
• Loss of future earning capacity
• Emotional pain and suffering
• Loss of consortium
• Punitive damages for severe negligence

By working with your Richmond brain injury lawyer, you can arrive at a reasonable estimate for lifelong expenses and losses. A basilar skull fracture accident can cause permanent disabilities in victims, so it’s not enough to account for current expenses—a fair settlement also includes anticipated future losses. 

Get Help From Experienced Richmond Brain Injury Lawyers

If you’ve suffered a basilar skull fracture in an accident, it’s vital to speak with our firm. We’ll be with you every step of the way, helping to protect your legal rights, build a strong case, and deliver the justice you deserve. Having an experienced brain injury lawyer on your side is invaluable in these proceedings. 

Dealing With Insurance Companies

The average person, with limited knowledge of TBI legal terms, stands little chance against big insurance companies. The reality is that insurers are in the business of turning a profit. This means minimizing how much they have to pay out for claims—or denying your claim altogether. A savvy lawyer defends your right to proper compensation. 

Navigating Complex TBI Accident Cases

Basilar skull fracture accidents can be complicated. It may not be immediately obvious who’s at fault. A knowledgeable legal team guides you through this complex legal process, as we’re familiar with the courts and how these types of cases work. In navigating the process, we’ll collect evidence to support your claim. This may include getting police reports, medical records, and other documentation. 

Securing Maximum Compensation

Your traumatic brain injury can come at a heavy cost. The parties who caused the accident should compensate you for these losses. It’s important to have a TBI accident attorney who negotiates skillfully to justify the maximum settlement being asked. 

In one case, our firm helped represent a client in a TBI case. She was rear-ended at a stop light by a drunk driver in Newport News, Virginia. After five days of trial, the parties later agreed to an $8 million settlement. 

How a Skilled Brain Injury Lawyer Can Help You

Your attorney isn’t just there to represent you legally—they can also play a vital role in your recovery and well-being. At The Mottley Law Firm, we approach solutions to your situation in various ways. 

Medical Advocacy

Your legal team should advocate for your medical rights and help you receive appropriate medical care and attention for ongoing symptoms, including headaches after a car accident. They can work with your medical team to guarantee treatment is comprehensive and that no aspect of your health is overlooked.

Rehabilitation and Support Services

Brain injury lawyers often have extensive networks and resources in the medical and rehabilitation fields. So we’ll access our vast network to connect you with specialized care, rehabilitation programs, and support services to aid your recovery.

Understanding Your Legal Rights

If your headaches directly result from the accident, they could be considered part of your claim for damages. At The Mottley Law Firm, we detail your legal rights and ensure that you receive fair compensation for medical expenses, pain and suffering, lost income, and other economic and non-economic damages related to your ongoing symptoms.

Stress Reduction

Managing legal matters while dealing with ongoing medical issues is overwhelming. Your lawyer alleviates some of this stress by handling these aspects, allowing you to focus on health and recovery.

Emotional Support

Brain injury lawyers often work closely with individuals who have experienced traumatic events, and they understand the emotional toll it can take. At The Mottley Law Firm, we can provide valuable emotional support and guidance throughout your recovery process

Questions to Ask Your Brain Injury Lawyer

Before agreeing to any payment arrangement, you have every right to have a clear understanding of the details. Here are some questions we encourage you to ask when scheduling an appointment:

• Do you offer a free initial consultation?
• What up-front fees will I be responsible for paying?
• Do you work on a contingency fee basis?
• What percentage of my settlement will you expect?
• Do you think I have a valid brain injury claim?
• How much do you think my brain injury claim is worth?
• What amount of time do I have to file a claim for my Virginia brain injury case?

These inquiries can help you make an educated choice when selecting a brain injury lawyer and determining whether the payment arrangement they offer is the right fit for you.

Maximize Your Recovery With the Help of a Virginia TBI Attorney

A person or entity behaved negligently, and as a result, you suffered a life-altering health issue. The liable party should be held accountable for their actions, and you deserve proper compensation to enable your recovery. This remains true whether you suffered an injury in a truck crash, car wreck, slip and fall, sports mishap, or any other type of accident. 

An experienced Virginia TBI lawyer can help you navigate the complexities in various ways including, but not limited to:  

• Gathering and analyzing important evidence. There are critical details needed to either pursue a personal injury lawsuit or negotiate with insurance for a fair settlement. An experienced lawyer makes certain you have the right types of expert witnesses, employer or property owner records, medical documentation, and so on to improve your chances of a successful outcome.  
• Identifying the party liable for your TBI injury. Discovering whose act of negligence caused the accident is one part of this process. It’s also essential to find the best possible source of compensation. Damages in TBI cases are often high, so your legal team will assess all options for securing the full amount you deserve.
• Taking care of insurance issues. Many traumatic brain injury victims suffer compromises to their cognitive and physical abilities as they recover.  If this is what you’re experiencing, you shouldn’t have to also deal with an insurance adjuster whose objective is to reduce or deny your claim. Avoid that problem and let your lawyer handle the negotiations, which protects you from dubious insurance practices such as trying to get you to admit fault in a recorded statement.
• Valuing your traumatic brain injury damages. Assessing your individual damages and estimating what you’re owed is one of the key reasons to retain an attorney after an accident. Your legal team will fight to make sure you receive compensation for notable expenses such as medical costs, ongoing treatment, emotional suffering, lost earning potential, and more. 

Traumatic Brain Injury Costs May Exceed Disability Coverage Alone

The unfortunate truth is that the fixed income provided by disability may not even be enough to cover all your needs after a traumatic brain injury. 

This is often a major concern if you require at-home accommodation, round-the-clock care, or expensive occupational or physical therapy. Because of the serious nature of a brain injury, it’s also possible you could need additional medical care in the future, such as follow-up surgery.

People living with brain injuries also frequently encounter challenges when attempting to resume employment, for instance, resulting in a significant loss of income. 

If your bills are piling up after a negligent driver or property owner caused your TBI, you shouldn’t be left on the hook for all the costs. An attorney should be a part of the recovery process to help you pursue the fair compensation you deserve.

The good news is that a skilled Virginia traumatic brain injury attorney can: 

• Determine who’s liable for your damages, such as a driver, business or homeowner, employer, trucking company, and other entities.
• Gather the evidence necessary to pursue damages through a personal injury lawsuit, such as medical records, video footage, witness statements, and so on.
• Negotiate with insurance and help you avoid common tactics used by insurers to reduce your settlement.
• Place a specific value on your traumatic brain injury accident damages covering elements like lost income, medical costs, and pain and suffering.
• Take the pressure off by handling the legal side of your recovery within the tight deadlines set by state and federal law.

Evidence of the Severity of Your TBI

Proof helps demonstrate who’s liable for your injuries, and also details how the injury has interfered with your ability to live and work. Evidence critical to your TBI injury case includes, but isn’t limited to:

• A Glasgow Coma Scale assessment by a medical professional indicating if your brain injury was mild, moderate, or severe. 
• Medical imaging showing the physical effects on your brain, such as a computerized tomography, intracranial pressure, or magnetic resonance imaging scan.
• Other medical records, like your doctor’s notes.

If your TBI is severe and has a major effect on your daily life, your compensation will likely be higher. It’s important to keep track of your symptoms and how they impact you. Specific symptoms vary depending on how your brain injury occurred, but may include:

• Anxiety
• Cognitive impairment
• Depression
• Dizziness and problems with coordination
• Emotional and behavioral changes
• Fatigue
• Headaches
• Language difficulties
• Losing consciousness
• Memory loss
• Numbness in areas of the body and overall reduced physical strength
• Physical problems like seizures or inability to move specific body parts
• Post-traumatic stress disorder from the accident itself
• Vision impairment
• Vomiting and nausea 

Treatment for these medical issues after a TBI is often extremely expensive. This is a problem if you can’t go back to work and earn a living after the injury. That's just one reason to talk to an attorney as soon as you can after suffering any kind of head wound. 

Related Links: What evidence do I need for my brain injury case? I don't remember the accident that caused my brain injury. Can I still file a brain injury lawsuit? Always Ask These Questions Before Hiring a Traumatic Brain Injury Lawyer