Brain Injury Lawyer in Charlottesville, VA
A brain injury is one of the most devastating injuries an accident victim can suffer. Even a mild brain injury can result in weeks or months of debilitating symptoms. More serious injuries can lead to permanent physical and cognitive disabilities and be life-altering.
If you or a loved one has suffered a brain injury as a result of someone else’s negligence or willful misconduct, you may be facing significant medical expenses and disruption to your income. You’ll need to access all the financial resources available to you. Under Virginia law, you may be entitled to hold the responsible party accountable for your medical bills and related injury expenses through a personal injury claim.
At Kendall Law Firm, our experienced brain injury attorneys advocate aggressively for injured people. We have a track record of seeking full financial recovery that includes compensation for future losses. In one case, we secured a $2.375 million settlement for a Harrisonburg child who suffered a brain injury in a school bus accident.
While the outcomes of former cases are not predictive of future cases, we believe that our past results speak to our firm’s experience in handling complex injury cases. We dedicate ourselves to providing excellent service to each client who turns to us for help. Our attentive service is reflected in the client reviews our firm has received on Google and in our A+ rating with the Better Business Bureau.
If you or a loved one has sustained a brain injury in an accident in Charlottesville, Virginia, contact Kendall Law Firm for a free case review. Attorney David Kendall is a veteran of the U.S. Marine Corps and understands the importance of integrity, perseverance, and determination in achieving a positive outcome. Learn more about how an experienced brain injury attorney can help you pursue full compensation for the losses you have suffered. Based in Charlottesville, our firm has multiple offices to serve clients throughout the Commonwealth of Virginia.
What Is a Traumatic Brain Injury?
A traumatic brain injury is caused by some type of forceful impact or violent blow to the head. The brain may sustain damage from bouncing around the inside of the skull or from an object such as a bullet or shattered bone fragments penetrating the brain tissue.
Most TBIs involve a concussion, a mild form of brain injury that is temporary and usually heals in a period of weeks or months. More serious TBIs can result in bruising, torn tissue, bleeding, and other damage.
Serious brain injuries generally cause some loss of consciousness, potentially leading to coma and causing long-term physical or cognitive disabilities. A brain injury patient may spend a period of weeks in a neuro intensive care unit receiving treatment.
The Consequences of Brain Injuries
A concussion can result in weeks of symptoms such as headaches, sleeping trouble, changes to senses, or cognitive and memory issues.
Multiple concussions suffered over the course of one’s life can lead to degenerative brain diseases such as chronic traumatic encephalopathy.
A more severe brain injury, such as a diffuse axonal injury or a coup contrecoup injury, can have a more devastating impact. These types of serious brain injuries can have permanent effects on a person’s physical, mental, behavioral, and cognitive functions.
Long-term consequences of moderate and severe TBIs may include:
- Difficulty sleeping or sleeping too much
- Memory problems or partial amnesia
- Sensitivity to light and/or sound
- Altered senses
- Behavioral, mood, and other personality changes, including depression, increased agitation, or lowered inhibitions and increased risk-taking behavior
- Cognitive impairments
- Speech impairments, or difficulties understanding speech or reading text, or difficulties with writing
- Profound confusion
- Bowel and bladder control problems
- Paralysis or spasticity
Severe brain injuries can prove fatal to an injury victim.
Who Can Be Held Liable for a Severe Head Injury?
Brain injuries can result from a wide variety of accidents. The circumstances under which an individual sustained a brain injury will affect who can be held financially liable for the injury.
Some examples of parties who may bear legal responsibility if for a severe head injury include:
- A negligent or reckless driver who caused a motor vehicle accident resulting in another motorist or passenger sustaining a brain injury
- A negligent property owner or business owner who did not repair or warn of dangerous or unsafe conditions on the property
- Manufacturers of defective products that cause a preventable injury
- Healthcare providers that fail to order proper diagnostic tests or provide substandard medical treatment that breaches the recognized standard of care
- Owners or operators of sports facilities or leagues that fail to maintain a safe facility or negligently fail to supervise activities
- A person who inflicts a brain injury through a physical assault or acts of violence.
Recovering Monetary Compensation
If you have suffered a traumatic brain injury in an accident caused by someone else’s negligence or recklessness, you may be entitled to seek compensation for the injury-related expenses you have incurred and will have in the future.
The types of monetary compensation you may recover in a brain injury claim may include:
- Costs of medical treatment of your injuries, such as emergency room treatment, hospitalization, surgeries, other medical procedures, doctors’ appointments, prescription medication, physical/occupational/speech/behavioral therapy, mental health treatment, and other out-of-pocket medical expenses.
- Costs of long-term care required for physical and cognitive disabilities caused by a brain injury, including home health services, assistance around the household, or admission to long-term care or nursing home facilities.
- Loss of wages or income from time missed from work while recovering from a brain injury, or lost earning capacity if you suffer permanent disabilities that affect your ability to work.
- Physical pain and emotional distress you experience due to your injury and subsequent treatment and recovery.
- Loss of quality of life due to your inability to perform tasks of daily living or to participate in activities you previously enjoyed because of physical or cognitive limitations caused by your brain injury.
What Are the Statutes of Limitations for a Brain Injury Claim?
Under Virginia’s statute of limitations for personal injury claims, you typically have two years from the date that you suffered a brain injury to file a lawsuit against the party or parties responsible for your injury. When a brain injury proves fatal, the family of the deceased has two years from the date of their loved one’s death to pursue a wrongful death claim against the at-fault parties.
Depending on the circumstances of an injury case, an injured victim or the family of a victim of a fatal brain injury may face a shorter notice period to maintain their eligibility to pursue a claim for compensation.
Traumatic brain injury lawsuits are complicated cases and take time to investigate and prepare. If you wait too long to pursue compensation for a personal injury caused by someone else’s negligence, you may end up having your claim dismissed by the court, meaning you have lost the opportunity to pursue your case. For that reason, you should talk to an experienced Charlottesville brain injury lawyer as soon as possible to discuss whether you have a valid claim and how long you may have to initiate it.
How Can a Charlottesville Brain Injury Attorney Help Me?
Pursuing fair and full compensation after a brain injury can seem like a complicated undertaking. Having a knowledgeable personal injury lawyer lead you through the process can lighten your load and allow you to focus on your health. Let a Charlottesville brain injury attorney at Kendall Law Firm help you to seek a full financial recovery and justice from those responsible for the harm you have suffered.
The legal team at Kendall Law Firm can:
- Perform a thorough investigation of the facts and circumstances of your injury and gather evidence that can be used to support your claim for compensation
- Identify those financially liable for your brain injury and the insurance policies available to provide compensation for your losses
- Calculate the full extent of your present and future losses related to the brain injury to ensure that you seek compensation that reflects the seriousness of your injuries
- Take the time to explain your legal rights and options and the process of pursuing a legal claim for financial recovery
- Collaborate with medical, financial, and vocational experts to prepare a persuasive case to prove your right to maximum compensation
- File your claim against the insurance company representing the at-fault party, negotiate a just settlement if possible, or take your case to court if necessary.
If you or your loved one has been the victim of an accident that caused a traumatic brain injury and someone else bore responsibility for the injury, let an experienced brain injury lawyer at Kendall Law Firm help you seek the financial compensation you need to move forward with your life. Call us today at (866) 590-9773 or contact us online for a free, no-obligation consultation to discuss the appropriate steps to pursue a legal claim against those at fault for your injury.