Traumatic Brain Injury Attorney in Richmond, VA

Traumatic brain injury can be devastating. If you or a loved one has suffered TBI, then you know how it can change everything about us in a matter of seconds, including how we think, act, and feel.

It is important to protect your legal rights if you have suffered a life-changing injury such as TBI due to the wrongful acts of another. Contacting an experienced Richmond traumatic brain injury lawyer with experience in TBI litigation is an important first step.

The traumatic brain injury attorneys of Marks & Harrison understand the legal and medical complexities involved in these cases.

Why You Should Hire Marks & Harrison After Your Richmond Brain Injury Accident

Even a relatively “minor” brain injury can disrupt your life and scramble your future. A severe one could leave you unable to hold down a job or even care for yourself. If you’re dealing with a life-altering brain injury, you need help pursuing the compensation you need to live your fullest life possible.

The following are a few reasons to choose Marks & Harrison to provide that help:

• We’ve been helping injury victims since 1911 – Our firm has recovered more than $1 billion on behalf of our clients across the over 115 years we’ve been in business. We’re proud of the generations of Virginians whose lives we’ve improved through our work.
• We’ll fight hard on your behalf – We’re aggressive negotiators who will do everything we can to seek maximum compensation through an out-of-court settlement. But if the other side won’t make you a reasonable offer, we won’t hesitate to litigate in court. We will pursue the full amount you’re entitled to, and not a penny less – and we won’t charge you a fee unless we secure compensation for you.
• We build our cases meticulously – We have an in-house team of investigators who can determine everyone who’s to blame for your brain injury and identify possible sources of compensation. Our dedicated research attorneys will pore over case law, looking for precedents that can bolster your case.
• We have the resources to win even the toughest cases – Brain injury cases have high stakes because of the large amounts of compensation they often entail, and insurance companies fight hard to limit the amount they have to pay out. With a team of more than 30 attorneys and 130 support personnel, we can stand up to even the biggest insurance companies. Many of our lawyers started their careers in insurance defense. We know how the other side builds their cases, so we know how to identify and exploit their weak points.

The outcome in any case depends on its unique facts. Past results do not guarantee that the same or a similar outcome will be reached in future cases. Our record of results reflects the depth of our experience in handling claims on behalf of brain injury patients, including the following:

• $11 million for a young woman who suffered a brain injury when she was hit by a service van
• $10 million for a City of Richmond employee who sustained permanent brain injuries in a collision involving a Norfolk Southern boxcar that had faulty brakes
• $3.8 million for a client who suffered brain injuries after being hit by a cement mixer
• $3.5 million for a woman who suffered brain, internal, and orthopedic injuries after being rear-ended by another driver
• $2.3 million for a client who sustained brain injuries in a collision with a delivery truck

These numbers only tell part of the story. Here’s what one satisfied client had to say about his experience with Marks & Harrison:

“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

Call the brain injury attorneys at Marks & Harrison today or connect with us online. Our Richmond brain injury lawyers can provide a free consultation and put our legal team on your case right away. We serve clients in Richmond and from offices located throughout Virginia.

 

 

What Are The Leading Signs and Symptoms of a Traumatic Brain Injury?

A TBI is an injury to the brain caused by a sudden external force, such as a blow or a jolt to the head. TBIs can range from mild concussions to severe, life-altering brain damage. However, even a “mild” concussion can have serious consequences, so seeing a doctor after any potential head injury is essential. The severity of a TBI often depends on the nature of the injury and the affected area of the brain.

When a person suffers severe traumatic brain injury caused by head trauma, the extent of the damage is throughout the brain. The victim may fall into a coma or prolonged vegetative state. Life-threatening complications may arise.

In many cases, a person may suffer a mild or moderate form of TBI such as a concussion or an injury that impacts only part of the brain. However, a victim may not realize the extent or seriousness of the injury that he or she has suffered. For this reason, you should always go to the emergency room or see your family doctor after you have been in an accident of any type.

Pay close attention to whether you or a loved one is showing these common signs and symptoms of TBI:

A doctor may put you through a series of tests that include an X-ray, MRI, or CT scan. Treatment may include surgery, rehabilitation, and ongoing therapy. Medication may also be required to deal with the effects of TBI.

An insurance claim or lawsuit would seek recovery of all medical care expenses you have incurred for care and treatment of TBI as well as all future costs, including any nursing care that may be needed. Compensation would also be pursued to account for lost income and diminished future earning capacity as well as pain and suffering.

What Are the Different Types of Traumatic Brain Injuries?

Neurologists classify brain injuries in part based on the source of the damage. According to Johns Hopkins Medicine, there are two primary mechanisms of TBI:

• Open, or penetrating, injuries result from something breaking through the skull and damaging brain tissue. A gunshot wound is an example of an open brain injury.
• Closed brain injuries occur within the skull. A concussion is an example of a closed head injury. While an external blow might provide the force that leads to the brain injury, the injury itself occurs entirely within the skull.

Open and closed brain injuries can give rise to a range of specific conditions, including:

• Concussions: Concussions are mild traumatic brain injuries that temporarily disrupt normal brain function and are usually caused by a blow to the head.
• Brain contusions: Bruises to brain tissue cause brain swelling and bleeding. They can result from damage to the tissue beneath the point of impact. A contrecoup injury is bruising that develops on the opposite side of the brain from the point of impact. It is caused by the brain bouncing off the inside of the skull due to the force of impact.
• Diffuse axonal injuries (DAIs): Axonal injuries involve stretching and tearing of nerve fibers throughout the brain. They often cause prolonged unconsciousness, including coma, and can lead to severe neurological impairment.
• Brain edema: Swelling caused by excess fluid in or around damaged brain tissue can cause increased intracranial pressure inside the skull and be life-threatening. It is typically considered a medical emergency.
• Brain hemorrhages: Bleeding within the brain due to damaged blood vessels can lead to blood clots and a range of worsening symptoms
• Intracranial hematomas: Blood collects inside the skull and compresses brain tissue.
• Anoxic or hypoxic brain injuries: A complete or partial loss of oxygen to the brain, respectively, leads to loss of brain cells and brain death.

According to the Cleveland Clinic, common symptoms of a mild injury to the brain include:

• Headache
• Nausea
• Dizziness
• Fatigue
• Sensitivity to light
• Confusion
• Difficulty concentrating
• Short-term memory loss
• Irritability
• Mood swings
• Trouble sleeping

Signs of a more serious brain injury include:

• Loss of consciousness
• Hearing or vision loss
• Changes in other senses
• Weakness in the extremities
• Profound confusion
• Inability to concentrate
• Cognitive impairment
• Extreme anxiety and irritability
• Loss of impulse control

Seek the help of a healthcare provider immediately if you notice any of these symptoms. Doctors can identify symptoms and use the Glasgow Coma Scale score for assessing TBI severity. They can determine whether the patient has a mild TBI, moderate TBI or severe TBI.

Is a Concussion a Traumatic Brain Injury?

Per the Mayo Clinic, a concussion is a mild brain injury that temporarily affects how the brain functions. A concussion can affect a patient’s mental status, including their ability to concentrate, their memory, their coordination, and even their mood and sleep habits.

A concussion is the most common type of traumatic brain injury. According to the Centers for Disease Control and Prevention, mild TBIs, including concussions, account for about 75 percent of all traumatic brain injuries. However, even a concussion can have serious consequences, especially for a patient who suffers several concussions over time or a subsequent concussion before the initial injury has fully healed.

What Is Post-Concussion Syndrome?

Post-Concussion Syndrome, or PCS, is the continuation of concussion-related symptoms for months or years after the actual injury. Concussion symptoms typically go away within a few weeks, according to the Cleveland Clinic. However, about 15 percent of people who suffer a concussion will experience persistent PCS symptoms that can last much longer. Researchers have identified the following risk factors for PCS:

• Prior concussions or other head injuries
• Certain mental conditions, including attention-deficit/hyperactivity disorder (ADHD) and learning difficulty
• A history of behavioral conditions, such as bipolar disorder and depression
• A greater number of concussion symptoms or more severe concussion symptoms following the initial injury

Without proper treatment, PCS can lead to complications such as the following:

• Memory loss
• Difficulty focusing
• Inability to manage one’s thoughts
• Trouble finding or keeping employment
• Ongoing sleep disruption
• Thoughts of self-harm or suicide
• Overuse of pain medication, drugs, or alcohol as a coping mechanism

Every case of post-concussion syndrome is unique and involves its own persistent symptoms. Treatment depends on a patient’s symptoms, their severity, and how they respond to treatment over time.

Can Brain Injury Symptoms Be Delayed?

One of the most challenging aspects of brain injuries is that they do not always produce immediate symptoms. For example, persistent post-concussion symptoms can take a week or more to appear. There are several reasons that the onset of symptoms may be delayed. First, the sudden release of stress hormones such as adrenaline after a traumatic event such as a car accident can temporarily mask subtle signs of a mild brain injury. An accident victim may not notice symptoms until the effects of the hormones have started to wear off.

Furthermore, many serious traumatic brain injuries are actually secondary injuries that develop as damage from an initial wound spreads near the injury site. For example, a contusion or hematoma may initially have mild symptoms that worsen as inflammation increases. As another example, repeated concussions can lead to a condition called chronic traumatic encephalopathy, or CTE, in which nerve cells within the brain die over time, causing the brain to degenerate.

What Are the Most Common Causes of Brain Injuries?

Some of the most common causes of brain injuries in Virginia include the following:

• Car accidents – Motor vehicle crashes are a leading cause of TBIs, often resulting from the crash’s impact, which can cause an occupant to hit their head on the vehicle’s interior or jolt the head enough to cause the brain to hit the inside of the skull.
• Truck accidents – Due to the size and weight of commercial trucks, accidents involving these vehicles can result in catastrophic injuries, including severe brain trauma.
• Motorcycle accidents – Motorcyclists are particularly vulnerable to brain injuries because they have little protection in crashes, especially when not wearing helmets.
• Bicycle accidents – Cyclists can suffer from TBIs due to collisions with motor vehicles or falls caused by poor road conditions.
• Pedestrian accidents – Like cyclists, pedestrians have little protection in motor vehicle accidents, so they are particularly vulnerable to severe injuries, including TBIs. If the initial impact from a pedestrian accident doesn’t cause a brain injury, the pedestrian might sustain an injury from hitting their head on the ground.
• Slip-and-falls – Falls from slipping or tripping can cause severe brain injuries, particularly for older adults and young children.
• Workplace accidents – Workplace accidents involving heavy machinery, falls from heights, or falling objects can lead to an on-the-job TBI.
• Medical malpractice – When medical professionals make mistakes or act carelessly, such as making surgical errors or failing to diagnose, patients can suffer brain damage. Medical errors made during the labor and delivery process are particularly common.

What You Should Do After a Brain Injury

Taking the right steps after a brain injury can protect your health and legal rights. Here’s what you should do:

• Seek immediate medical attention. Even mild symptoms can indicate a serious injury.
• Follow your doctor’s recommendations. Attend all follow-up appointments and follow prescribed treatment plans.
• Document your symptoms. Keep a journal of how the injury affects your daily life.
• Gather evidence. If the injury resulted from an accident, collect photos, witness statements, and any relevant reports.
• Contact a Richmond brain injury lawyer. An experienced attorney can guide you through the legal process and help you pursue the compensation you need for medical bills, lost income, and other damages.

Acting quickly can make a difference in your recovery and your case. Consult with a Richmond brain injury attorney to get started.

Are There Any Long-Term Effects from a Traumatic Brain Injury?

Traumatic brain injuries can result in long-term effects that significantly impact a person’s quality of life.

According to Johns Hopkins Medicine, the potential long-term effects of a TBI may include:

How Can Our Richmond Head Injury Lawyers Help TBI Victims in Virginia?

What Types of Traumatic Brain Injury Cases Do We Handle?

It helps to work with a law firm that has experience with the many different types of cases in which traumatic brain injury can be sustained.

We can assist those who have suffered TBI in cases involving:

• Falls – As the Centers for Disease Control and Prevention reports, falls are the leading cause of TBI in our country. We can assist those who have suffered a brain injury due to a slip and fall, a fall at work, or a fall that occurs due to nursing home abuse and neglect.
• Motor vehicle accidents – Car accidents, truck accidents, and motorcycle accidents are the second-leading cause of TBI in the U.S., the CDC states. The impact of a crash can result in a blow to the head or a violent jolt that damages brain tissue and nerves.
• Workplace accidents – In addition to suffering TBI due to a fall from a roof, ladder, or scaffolding at a construction site, a worker may be harmed by falling tools, materials, or equipment. Our firm can assist with seeking workers’ compensation benefits or, in some cases, personal injury damages through a third-party liability claim.
• Medical malpractice – We focus on helping families cope with TBI that is caused by medical negligence during the delivery of a child. A child may suffer permanent disability due to such birth injuries.
• Military service – Many veterans must cope with a disability caused by brain injuries they suffered during their service to our country. We can help with seeking veterans’ benefits and other forms of relief.
• Sports and recreation accidents – All too often, our children suffer concussions and other forms of TBI due to improper management of the injury by coaches, trainers, and athletic directors. We can assist with holding negligent parties accountable.

Why TBI Cases Can Be Difficult to Prove

TBI cases can be hard to prove after a car accident because the consequences of the underlying injury are not always apparent, even when the injury appears on a CT scan or MRI test. Symptoms such as headaches, memory problems, fatigue, and poor concentration may worsen over time in ways that are difficult to connect to the original injury. Insurers may argue that the problems existed before the car crash or have different causes

A strong case for compensation for a traumatic brain injury must therefore:

• Document the patient’s symptoms and establish a diagnosis
• Connect the symptoms to the traumatic brain injury causes such as a car accident or serious fall
• Prove that someone else caused the accident, making them financially liable for the harm caused

Proving the at-fault party’s negligence after a serious accident can be difficult without substantial evidence and experienced legal support.

Insurance Company Tactics in TBI Claims

Insurance companies and their legal defense teams have many ways to fight TBI claims, including:

• Arguing that a patient’s symptoms are not as serious as the patient claims
• Blaming a patient’s cognitive or emotional problems on a pre-existing condition
• Asserting that a patient worsened their injury by not seeking prompt care or following their treatment plan
• Disputing whether an accident involved enough force of impact to cause head trauma
• Looking through a patient’s social media feeds to challenge the extent of their symptoms
• Arguing that normal CT or MRI results mean no brain injury occurred
• Pushing a patient to accept a quick settlement offer before the long-term consequences of their injuries become clear
• Disputing their policyholder’s fault for causing the underlying accident

You can fight back against these tactics by getting experienced legal help.

Medical Documentation Needed to Prove a TBI

Medical documentation is among the most important types of evidence in any brain injury case. The documentation an experienced personal injury attorney will seek to gather may include:

• CT scans, MRIs, and other brain-imaging results
• Evaluations by neurologists and neurosurgeons
• Test results regarding cognitive function, memory, and concentration
• Psychiatric and psychological treatment notes
• Prescriptions and medication history

What Do You Have to Prove in a Brain Injury Claim?

The specific things you will need to prove in order to win your brain injury claim will depend on the legal strategy your attorney is using. Most TBI claims are based on a legal theory of negligence. Someone who behaves carelessly and injures another person as a result may be held financially responsible for the consequences of those injuries. There are four elements of negligence:

• The existence of a duty of care – The at-fault person had a legal obligation to act with reasonable caution so as not to injure others. For example, everyone who operates a vehicle in public has a duty to follow the rules of the road to avoid endangering others.
• The breach of that duty of care – The person failed to uphold their duty. For example, a driver ran a red light rather than braking and stopping at an intersection
• The breach injures another person – The person’s failure was the source of subsequent harm.
• The injury leads to specific harms – The injured person must then establish the cost of the harm they have suffered. That could include medical expenses and lost income due to inability to work, as well as non-financial losses such as pain and suffering.

An experienced traumatic brain injury lawyer in Richmond can give you a more specific idea about your legal options after a serious accident caused by someone else’s negligence.

Can I Seek Compensation for a Traumatic Brain Injury?

If someone else’s negligence or wrongdoing caused your brain injury, you may have the right to seek compensation for your medical bills, lost wages, pain, suffering, diminished quality of life, incidental costs, and other losses.

The value of your brain injury claim depends on various factors, such as the severity of your injury, the extent of your medical treatment, and the injury’s impact on your quality of life. Our experienced attorneys can calculate the potential value of your claim after reviewing all your losses

Our skilled Virginia brain injury lawyers can assess whether you may have a valid claim. If you do, we have the knowledge, resources, and commitment to fight for maximum compensation for all your losses.

Our traumatic brain injury cases include:

• $11 million (Loudon County Circuit Court) – The case involved a young woman who sustained a brain injury in a crash with a service van.
• $10 million (City of Richmond Circuit Court) – We obtained a recovery for a city employee who received serious and permanent brain and head injuries in a collision with a Norfolk Southern boxcar with faulty brakes.
• $3.8 million (City of Richmond Circuit Court) – Our client received brain injuries in a crash with a cement mixer.

The result that can be obtained in a specific brain injury case will depend on a number of different factors. Past results do not guarantee or predict a similar result in a future case. It is important to meet with a brain injury attorney to discuss the unique factors in your case.

How Long Will My Brain Injury Case Take to Settle?

The time it takes to settle a brain injury case depends on several factors, such as the complexity of your claim, the willingness of the at-fault party to settle, and the timeline of any court proceedings. It’s essential to have a dedicated attorney handle your case to help expedite the legal process and secure the compensation you deserve.

Is There a Time Limit in Virginia for Filing My Brain Injury Lawsuit?

The Virginia statute of limitations gives you just two years from the date of your injury to file a lawsuit. If you miss the statutory deadline, your case could be dismissed, and you could lose your right to seek compensation in civil court.

Therefore, consulting with our TBI attorneys as soon as possible is crucial. Our brain injury lawyers can keep track of deadlines and ensure necessary paperwork is filed on time.

Get Help from a Top Virginia Traumatic Brain Injury Attorney, Today!

If you or someone close to you has suffered a TBI, the Richmond brain injury lawyers at Marks and Harrison Personal Injury Lawyers can help you seek all personal injury damages and disability benefits you are due. We have been voted “Best Law Firm in Richmond” 2015-2019 “RTD The Best” by readers of the Richmond Times-Dispatch, and we can serve clients from offices throughout Virginia. Contact us today and get started with a free consultation.