Yes, motor vehicle accidents are one of the leading causes of traumatic brain injuries (TBIs) in the United States. The force and impact of a collision can cause the brain to hit the skull, leading to various types of brain injuries, such as concussions, contusions, or even more severe TBIs. These injuries can significantly impact a person’s cognitive abilities, physical functioning, and overall quality of life.
If you or someone you love suffered a brain injury in a West Virginia car accident, contact a brain injury attorney near you to discuss your rights and options for pursuing a personal injury claim.
Why Do Motor Vehicle Accidents Cause Severe Brain Injuries?
Motor vehicle accidents are frequently associated with head trauma because the impact and force involved in a car accident can cause the brain to collide with the skull. Unlike the body, seatbelts do not secure the head and neck. Car crash head injuries may include direct impact injuries – such as when the head hits the steering wheel, windshield, or front seat – or secondary impact injuries when the force of the accident causes the brain to internally impact the skull. These secondary injuries can be just as severe as direct impact injuries. Additionally, car accident victims may experience penetrating or open traumatic brain injuries from broken glass and accident shrapnel.
The severity of brain injuries can vary widely. Some individuals may experience mild concussions, while others may suffer from more severe TBIs with long-term consequences. A car accident attorney may help you obtain the damages for severe TBIs necessitating lifetime care.
Brain Injuries Commonly Sustained in West Virginia Motor Vehicle Collisions
In West Virginia, car accidents can result in various types of brain injuries, including the following:
- Concussions: Concussions are mild traumatic brain injuries that result from a blow or jolt to the head. In car accidents, sudden impacts or decelerations can cause the brain to move inside the skull, leading to a concussion. Symptoms of a concussion may include headache, confusion, dizziness, nausea, and temporary loss of consciousness.
- Contusions: Contusions are bruises on the brain caused by direct impact. In a car accident, the head hitting the steering wheel, dashboard, or any other object can result in a contusion. Symptoms may include headache, difficulty speaking or coordinating movements, memory problems, and changes in mood or behavior.
- Diffuse Axonal Injury: A diffuse axonal injury (DAI) is a severe type of brain injury caused by shaking or rotational forces. In car accidents, sudden jerking or violent impacts can cause the brain to rotate within the skull, leading to widespread damage to the brain’s nerve fibers. DAI can result in long-term cognitive, physical, and behavioral impairments or, most commonly, sudden death.
- Traumatic Subarachnoid Hemorrhage: This type of brain injury occurs when blood accumulates in the space between the brain and the thin tissues that cover it. It can result from the rupture of blood vessels during a car accident. Symptoms may include severe headache, nausea, vomiting, neck pain, and changes in consciousness.
It is important to seek medical attention after a car accident, even if there are no immediate signs of a brain injury. Some symptoms may take time to appear or may worsen over time, and a proper diagnosis is important for obtaining appropriate medical treatment and taking legal action against negligent drivers.
Financial Costs Associated with Severe Head Injuries Requiring Long-Term Care
Suffering a severe brain injury in a car accident can result in significant long-term financial costs estimated to be between $800,000 and $2,000,000. The cost of ongoing medical care and rehabilitation, as well as the loss of income due to disability, can put a tremendous strain on victims and their families. Brain injuries often require extensive medical treatment, including hospital stays, surgeries, medications, rehabilitation therapies, and follow-up care. These medical expenses can quickly accumulate and become a burden for victims and their families.
Many victims of TBIs also require physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, and psychological counseling. Some may even require lifetime home nursing or in-patient care. Understanding the financial impact of a brain injury can help car accident victims and their families seek appropriate compensation for their losses. Consulting with an attorney experienced in brain injury cases can provide guidance on pursuing a personal injury claim and maximizing recovery.
Parties Potentially Liable for TBIs Caused by Motor Vehicle Accidents
When a person sustains a traumatic brain injury (TBI) in a motor vehicle accident, determining who may be liable for the injury is important for seeking compensation. Depending on the circumstances of the accident, multiple parties may be held responsible for the TBI, including the following:
- Negligent drivers: The driver who caused the accident due to negligence or recklessness can be held accountable for the brain injury. Examples of negligent driving behaviors in West Virginia include distracted driving, drunk driving, speeding, and failure to obey traffic laws.
- Vehicle manufacturers: If a brain injury occurs due to a vehicle defect or malfunction, such as faulty brakes, defective airbags, or inadequate safety features, the manufacturer may be held liable for the injuries sustained in a product liability lawsuit.
- Government entities: In some cases, the government entity responsible for maintaining the roadways may be held liable for a brain injury if poor road conditions, inadequate signage, or other factors related to road maintenance and design caused the accident.
- Employers or companies: If the at-fault driver was operating a vehicle for work purposes at the time of the accident, such as a truck or construction vehicle, his employer may share liability for the brain injury. Companies may be held responsible for their employees’ actions under the legal principle of vicarious liability.
Determining liability in a brain injury case is often complicated. Consulting with an experienced brain injury attorney can help victims, and their families understand their rights and options for pursuing compensation from the parties responsible for the TBI.
Options for Obtaining Compensation After Devastating Brain Injuries
Experienced car accident lawyers can help families understand their legal options for obtaining compensation after a traumatic car crash. In most auto accident cases, compensation for brain injuries is sought through insurance claims. This typically involves filing a claim with the at-fault driver’s insurance company. If the at-fault driver is uninsured or underinsured, the injured party’s uninsured/underinsured motorist coverage can provide additional compensation. However, insurance companies may try to minimize or deny the claim, necessitating strong legal representation.
Fulfilling a personal injury lawsuit may be necessary if insurance negotiations cannot reach a fair settlement. A brain injury attorney can help gather evidence, build a strong case, and represent the injured party in court. These lawsuits may push insurance companies to offer higher settlements or can result in jury verdicts against negligent drivers and corporations. Compassionate lawyers will put your family’s needs first and help you understand the best option for obtaining damages after a West Virginia car accident.
Filing Claims on Behalf of Medically Incapacitated Family Members in West Virginia
When a family member sustains a brain injury and becomes medically incapacitated due to a car accident, seeking compensation on their behalf requires special considerations. Family members or legal guardians in West Virginia can file claims for medically incapacitated individuals with legal help. This process often involves the following:
- Establishing legal authority: If the injured family member is over 18 and does not have a power of attorney or guardian appointed, it may be necessary to establish legal authority through a guardianship proceeding. This process involves proving that the injured individual lacks the capacity to make legal decisions.
- Appointment of a guardian ad litem: In cases involving medically incapacitated individuals, the court may appoint a guardian ad litem to act as a legal advocate for the injured party’s best interests. The guardian ad litem may help family guardians make decisions on behalf of the injured family member.
- Filing the claim: Once legal authority is established, your car accident attorney can file the insurance or legal claim for your loved one.
- Court approval of settlements: In West Virginia, any settlement involving an incapacitated individual must be approved by the court. This ensures the settlement is fair and in the injured party’s best interest. The court may hold a hearing to review the terms of the settlement.
Filing claims on behalf of medically incapacitated family members requires an attorney with experience handling West Virginia brain injury cases. Because this process takes time, it’s important to contact a lawyer as soon as possible to obtain needed financial compensation for an incapacitated loved one.
Recoverable Damages in West Virginia Brain Injury Cases
When seeking compensation for a brain injury sustained in an I-64 car accident, various types of damages may be recoverable. Damages are meant to compensate the injured party for their losses and provide financial relief from emotional burdens. Victims may be eligible to recover the following compensation in West Virginia TBI cases:
- Medical expenses: This includes current and future medical expenses related to brain injury, such as hospital bills, surgeries, medications, rehabilitation therapies, and assistive devices.
- Lost earnings: If the brain injury has resulted in the inability to work or has caused a significant reduction in earning capacity, compensation may be sought for lost earnings and future income loss.
- Pain and suffering: Brain injuries can cause physical and emotional pain and suffering. Compensation for these non-economic damages aims to provide relief for the victim’s mental anguish, physical discomfort, and loss of enjoyment of life.
- Emotional distress: Severe brain injuries can result in emotional distress, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health disorders. Compensation may be sought for the emotional impact of the injury.
- Loss of consortium: Compensation for loss of consortium may be sought in cases where a brain injury has resulted in the loss of companionship or the inability to maintain a spousal relationship.
- Punitive damages: When the at-fault party’s actions were particularly egregious, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.
The specific damages recoverable in brain injury cases depend on the individual circumstances of each accident and the severity of the injury. Consulting with an experienced TBI attorney can help determine the appropriate damages when demanding a car accident settlement.
Why You Need a Dedicated Brain Injury Lawyer
Dealing with a brain injury sustained in a car accident is emotionally, physically, and legally challenging. Unfortunately, legal action is often necessary to obtain compensation for victims of disabling motor vehicle crashes. Hiring a dedicated brain injury lawyer in West Virginia provides the following benefits:
- Knowledge and Experience: Brain injuries have unique legal and medical complexities. A dedicated brain injury lawyer will have the experience to build a strong case to maximize your financial recovery.
- Understanding of insurance tactics: Insurance companies may employ tactics to minimize or deny claims, especially high-value TBI claims. West Virginia brain injury lawyers will be familiar with these tactics and can handle negotiations on behalf of the injured party.
- Access to medical experts: In brain injury cases, medical experts play an important role in assessing the severity of the injury, determining the long-term impact, and estimating future medical costs. A reputable brain injury law firm will have access to a network of trusted medical experts who can provide valuable insights and testimony.
- Advocacy in court: If a fair settlement cannot be reached through negotiations, a brain injury lawyer can advocate for the injured party in court. Reputable law firms have the litigation skills to present a compelling case and fight for their clients’ rights.
If you or a loved one sustained a brain injury in a car, truck, or motorcycle accident, contact a dedicated personal injury lawyer as soon as possible. He might guide you through the legal process, protect your rights, and help you pursue the compensation you deserve.
Call a West Virginia TBI Attorney Today
A compassionate car accident law firm can provide the guidance and support you need to seek compensation after negligent drivers cause devastating traumatic brain injuries. Take action today to protect your rights and maximize your recovery by scheduling a free case consultation with a local personal injury lawyer.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
