Suffering a traumatic brain injury (TBI) is devastating and often has life-altering effects for the victim and their family. If you sustained a traumatic brain injury in an accident in West Virginia due to someone else’s negligence, you may be entitled to compensation for your injuries and financial losses. To pursue the money you deserve, you need an experienced West Virginia personal injury lawyer.
At Robinette Legal Group, PLLC, our skilled West Virginia brain injury lawyers stand ready to handle all aspects of your TBI case. Our results speak for themselves. We are dedicated to seeking the best possible outcome for our clients.
We understand that you may be concerned about the cost of retaining an attorney, so we offer a free consultation where you can speak to a brain injury lawyer without any initial fees. You owe us nothing for our services unless and until we successfully recover fair compensation for you. Even then, our fees don’t come directly out of your pocket. Instead, they are subtracted from the total compensation you receive.
Contact us today to find out more about how our West Virginia TBI lawyers can help you.
West Virginia Brain Injury Statistics
In West Virginia, residents over the age of 65 have a significantly higher rate of TBI-related deaths than those individuals between 0-24, with a rate of 40.9 percent compared to 2.4 percent, respectively. Hospitalizations for TBIs and TBI-related injuries for these age groups mirror these figures.
In a single recent year, 411 West Virginia residents died due to traumatic brain injuries, representing 20 percent of all injury-related deaths. Approximately 25 percent of all injury-related hospitalizations were for TBIs.
Understanding the Different Types of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are severe injuries caused by an external source. For example, a TBI can occur in an accident when a person’s head hits the dashboard or if a foreign object, such as a bullet or shrapnel from a crash, penetrates the skull.
Some different types of traumatic brain injuries include:
- Concussion – A concussion is a closed-head injury that occurs when the victim’s head and brain rapidly move back and forth after a blow to the head.
- Cerebral hemorrhage – This TBI is a stroke caused by trauma that results in a brain bleed.
- Coup-contrecoup –This TBI is characterized by the brain striking one side of the skull and then rebounding to strike the other side, as well.
- Penetrating brain injury – This brain injury occurs when a foreign body pierces the victim’s skull. A penetrating brain injury is often fatal.
- Brain herniation – A brain herniation occurs when swelling and bleeding cause pressure to build in the skull, compressing the brain tissue. The compression can result in significant brain damage, stroke, or death.
- Diffuse axonal injury – This TBI is characterized by rapid acceleration, deceleration, or rotation that exerts extreme force on the brain’s white matter (composed of bundles of axons), which can result in the loss of consciousness or a coma.
Brain Injury Symptoms
TBI symptoms can vary greatly depending on the type and severity of the injury. The injured area of the brain will also dictate what symptoms the victim may experience. TBIs are typically categorized as mild, moderate, or severe. Some people may immediately experience symptoms of a brain injury, while other symptoms take longer to manifest.
The CDC has identified specific symptoms associated with a mild TBI or concussion, including:
- Dizziness and balance issues
- Irritability
- Difficulty concentrating
- Trouble sleeping
- Headaches
- Problems with short and long-term memory
- Nausea
- Sensitivity to sound and light
- Vision problems
Moderate or severe traumatic brain injury symptoms are more significant and can include:
- Personality changes
- Depression and anxiety
- Trouble with impulse control
- Weakness in the limbs
- Difficulty communicating
- Anger or aggression
- Sensory changes
The effects of a TBI can vary from person to person and can even change during recovery. However, most people who suffer a TBI will likely experience physical symptoms, difficulty thinking or learning, and changes in their motor skills or behavior. A TBI may be life-changing, especially if it affects the victim’s ability to speak, their emotional well-being, and their memory. Many TBI victims suffer permanent brain damage.
If someone else caused your traumatic brain injury, you may be entitled to money. Our proven personal injury attorneys have experience handling brain injury cases and can help you through the complexities of the legal process to seek the maximum compensation you deserve.
Common Causes of Traumatic Brain Injuries
Although traumatic brain injury causes can vary, some common causes of TBIs are falls, motor vehicle accidents, gunshot wounds, and violent assaults. Victims of such violence or crimes who are struck in the face, shaken, or choked are at risk for a TBI.
In addition to these common causes, TBIs are a significant issue for service members and veterans who suffer from blast injuries. Studies show service members returning from recent conflicts in Iraq and Afghanistan have a higher rate of combat-related brain injuries.
Sports also cause traumatic brain injuries. Football players are unquestionably at risk for TBIs. Although concussions can happen in any sport, they most often occur in contact sports.
What to Do If You or a Loved One Suffered a Brain Injury
If you were recently in a car accident or suffered a fall, you no doubt sought medical treatment at the time. You may be at home and off work due to your injuries. If you start to notice any unusual symptoms associated with a brain injury, seek emergency medical treatment immediately.
If you’re a caregiver for someone who recently suffered a head injury and you start to notice symptoms consistent with a TBI, have them evaluated for a brain injury right away.
Once your condition is stable, you can start building a case to seek compensation for the unexpected medical expenses you incur, the time off work required because of your injury, and the pain you are suffering. Keep these tips in mind to preserve your legal rights and opportunity to pursue a brain injury claim:
- Gather evidence – If your TBI stems from a motor vehicle accident or fall at a place of business, you can collect initial information to assist your attorney in their investigation. Write down your version of how the accident occurred. Take pictures of the location of the accident. If you are aware of any eyewitnesses, be sure to secure their contact information.
- Keep a file – You will likely receive medical bills in the mail and perhaps correspondence from insurance companies. Keep these documents, along with any medical records for the treatment you receive, photographs, and all other related documentation. Your file may contain crucial evidence to support your claim.
- Follow doctor’s orders – If the emergency room physician or another medical provider prescribes a specific course of treatment, follow their orders for subsequent follow-up treatment or therapy.
- Contact a brain injury attorney – Retain an experienced traumatic brain injury attorney from Robinette Legal Group, PLLC, as soon as possible after the accident or discovery of the TBI. With a strong legal advocate on your side, you can rest assured that your case is handled correctly. Our attorneys will manage all communications and negotiations with insurers while you rest and seek the necessary treatment for your brain injury.
Damages Awarded in WV TBI Claims
Although traumatic brain injury compensation differs among victims, money is often paid for the same categories of losses. An attorney from Robinette Legal Group, PLLC, can evaluate your case and determine the type and amount of compensation you can pursue from the at-fault party.
We will carefully calculate your losses and demand the maximum money you are due, which may include funds for the following:
- Past and future medical bills
- Lost wages
- Loss of future earning capacity
- Mental distress
- Pain and suffering
- Loss of consortium for your spouse
- Compensation in a wrongful death claim
Statute of Limitations in West Virginia Brain Injury Cases
Under West Virginia law, you must file your brain injury lawsuit within a specified time. The deadline, set by the state’s statute of limitations, is two years from the date of the incident that caused your injuries. You must file your lawsuit within this time frame, or a judge will likely dismiss the case. If that occurs, you will lose your opportunity to pursue the compensation you need through the court system.
Although two years may seem like a long time, your attorney needs this time to build a strong case. Before the filing deadline expires, our attorneys will gather the necessary evidence to support and strengthen your case in preparation for a potential lawsuit. If the insurance companies fail to negotiate and offer you a reasonable settlement for the compensation you deserve, our attorneys will not hesitate to file a personal injury lawsuit to pursue maximum compensation.
You have enough to worry about while recovering from your injury. Our experienced lawyers will manage this and other critical deadlines so you can heal without the added stress of the legal process.
Talk to an Experienced Brain Injury Lawyer in West Virginia Today
An experienced brain injury attorney from Robinette Legal Group, PLLC, is ready to handle all aspects of your personal injury claim so you can focus on your recovery. There are no upfront fees. We will learn about your case in a free initial consultation, and you will only pay attorney’s fees if you receive a favorable settlement or verdict.
At Robinette Legal Group, PLLC, our brain injury lawyers have earned a well-deserved reputation for assisting traumatic brain injury victims and their families in West Virginia. We want to help you.
Contact us today to get started with your traumatic brain injury claim.
Call us today to find out how we can help you.
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