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“They sent somebody to visit me in the hospital and get my side of the story (totally free). I was assigned Mr. Crawford and told that we had a case. Fast forward about 9 months later and I received literally 14x what the insurance company had offered me. This is after the lawyer and medical fees as well. So basically this was totally free and I barely had to do anything I am so glad I called Marks and Harrison and I will be recommending them to all of my family and friends.”— Robert Smith
The Virginia Department of Public Health* estimates that more than 1,500 Virginians died in 2017 due to traumatic brain injuries (TBI). The leading cause of TBI was firearms, followed closely by motor vehicle accidents and falls. Construction and workplace injuries also account for a large share of TBI injuries. Contact our traumatic brain injury lawyer in Charlottesville today.
The TBI attorneys of Marks & Harrison are committed to holding people accountable when their negligence causes serious and life-changing injuries to others in Charlottesville. If your family is struggling because of the careless or reckless behavior of someone else, call our firm today to schedule a one-on-one free consultation with a Charlottesville brain injury lawyer.
What Is a Traumatic Brain Injury?
The Centers for Disease Control and Prevention (CDC) estimates that traumatic brain injuries cause as many as 30 percent of all injury-related deaths in the U.S. each year. This is astounding. It may be why insurance companies fight so hard to defend against head trauma cases. For this reason, it is especially important to hire a law firm that understands these injuries and how they affect people’s lives.
A TBI occurs when there is a trauma to the brain. It can happen in many different ways. It does not always require a direct impact to the skull. Any time that the brain shifts inside the skull resulting in bruising or physical impact to the brain, there is a risk of TBI. In fact, TBI can be caused by:
- Blunt force trauma to the head
- Puncture or penetrating force to the skull
- Whiplash injury where the head shakes back and forth
- Concussive or explosion injury.
The effects of a TBI can be life-changing, to say the least. If you have suffered a head injury, then watch out for the following symptoms:
- Decreased consciousness
- Neurological changes
- Sensory changes
- Motor function problems
- Emotional or mood changes
- Nausea or vomiting
- Any other changes you can’t explain.
Mild TBI is often diagnosed as a concussion. In more serious cases, however, TBI can involve permanent immobility or even death. After a serious injury to the head, it is imperative to seek immediate medical treatment and follow-up with neurologists and other specialists who are able to properly identify and diagnose TBI.
Common Causes of Traumatic Brain Injuries in Charlottesville
There are many ways a person can suffer a TBI. Some of the more common causes are:
- Motor vehicle accidents
- Falls from heights and slip and falls
- Physical assaults
- Sports and recreational-related incidents.
If you have suffered TBI in an accident of any kind, you may have a right to be compensated. You will need to prove that someone else was responsible for the damage. This can be quite challenging to do without a skilled Charlottesville brain injury attorney by your side. At Marks & Harrison, we give our clients the confidence to pursue compensation by ensuring they have access to high-quality legal advice and representation from start to finish.
Who Can Be Held Liable for a Severe Head Injury?
In order to hold someone else accountable for the traumatic brain injury which you have suffered in an accident, you must prove that the party was negligence. In other words, you must establish the following elements:
- Duty – Think of duty as a responsibility that people owe each other in society. For instance, all drivers on the road share a duty to operate their vehicles in a safe and reasonable manner. Additionally, businesses and property owners have certain duties to patrons or guests, including the duty to warn of dangerous conditions. The first thing a lawyer must do when assessing the potential merits of a TBI case is determine whether the responsible party owed you a specific duty.
- Breach – Once you establish that someone owed you a duty, then you and your attorney must determine if that person or business violated or breached the duty in some way. This breach can take many forms. For instance, in a motor vehicle crash, if the other driver was texting or drunk, then you can argue that they violated their duty to operate their vehicle in a reasonably safe manner.
- Causation – Next, you have to prove that the party’s breach of duty caused your brain injury. So, if you were in a motor vehicle accident and struck your head, leading to a TBI, you must prove that causal link. Many people have pre-existing injuries and illnesses that can be aggravated by an accident. The law still allows you to be compensated for such aggravation, but it’s important to connect the actual event to the injury.
- Damages – Finally, if you are able to prove all of the above elements, you still need to prove that you suffered a loss of some sort. This can be an emotional, physical or financial loss.
What Are the Statutes of Limitations for a TBI’s?
In Virginia, you will have just two years to file suit against the person or company that you believe caused your TBI. If you fail to do so, you may forever lose your right to pursue compensation. The same is true of a wrongful death. If you lose a loved one in Virginia due to a fatal brain injury, you will have only two years from the date of death to bring your lawsuit against the negligent individual or company.
In some situations, the time limit can be much shorter to file a lawsuit. So, it is important that you do not wait too long to talk to a traumatic brain injury attorney in Charlottesville. One of our skilled attorneys can sit down with you and review all the facts of your accident. If you are running short on time, we can offer solutions to help you protect your rights. The consultation is entirely free. You owe us nothing unless we successfully obtain compensation for you.
How Can a Charlottesville TBI Law Firm Help You?
For more than 100 years, the law firm of Marks & Harrison has tirelessly pursued justice on behalf of injured people throughout Virginia. With offices all over the state, we do everything we can to make access to justice convenient and affordable for our clients. We know that after a serious or even fatal injury, a family can be struggling through a nightmare of medical bills and lost income. Our goal is to ease that burden by pursuing compensation they deserve. This allows our clients to get back to their lives and move forward with their recovery with less stress and less worry.
When you work with us, we will:
- Promptly investigate your case – You should never depend on an insurance company or large corporate defendant to do your investigation for you. Their goal is to refuse payment for your injuries. No matter how negligent or how careless the responsible party was, you can bet they will fight to avoid liability. To the insurance company, your injury is nothing but a statistical calculation on a computer screen. But to us, your injuries are real. We will fight hard to make sure your TBI is documented and explained.
- Consult with experts – A big part of any catastrophic injury case is making sure you have the best experts on your side. Our firm teams up with world-class medical experts who are brought in to review injuries and put them in context. If your case must go before a jury, you can rest easy knowing that experienced medical experts have substantiated and carefully corroborated your injuries and will be on hand to explain them to the jury. This truly sets your case apart.
- Handle settlement talks – The insurance industry knows our attorneys are willing to take cases to trial. They have seen our results. So, they know that if they don’t pay a fair and reasonable amount for your traumatic brain injury, they will have to face us at trial. This gives you and your case a much better bargaining position during negotiations.
Get Help from Our Charlottesville Traumatic Brain Injury Attorneys Today
If you are suffering after a TBI, or if you are grieving the loss of a loved one after a tragic injury, don’t just speculate about your options or continue to struggle in silence. Contact Marks & Harrison. Let us ease your mind and provide you with options. You’ll never know unless you call, but don’t wait too long. If you miss the deadline, you forever lose your rights. If you are injured in or around Charlottesville, call or stop by our local office to get a free initial consultation with one of our skilled and experienced attorneys today.