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A brain injury can cause lifelong complications affecting your ability to work or enjoy life. For example, a traumatic brain injury can trigger seizures, leading to lost independence or the ability to hold meaningful relationships.

Whether the brain injury is due to a fall or a vehicle accident, you deserve compensation for your losses if the incident is due to someone else’s negligence. However, you must demonstrate how the negligent actions of the at-fault party led to the accident.

Therefore, you should seek guidance from a legal professional after the crash. Our brain injury lawyer at Robinette Legal Group, PLLC, can investigate the accident, gather evidence, and initiate a compensation claim.

We understand the impact of injury-related losses and will work tirelessly to protect your legal rights.

Do I need a brain injury lawyer in West Virginia?

Yes — if you or a loved one suffered a brain injury in West Virginia, hiring an experienced brain injury lawyer can help protect your rights and secure fair compensation. Here’s how:

  • Claim support: A lawyer will investigate the cause, collect medical and police reports, and build a case to prove fault and damages.
  • Types of compensation: You may recover costs for medical care, lost income, emotional distress, pain and suffering, and loss of enjoyment of life.
  • Common causes: Brain injuries often result from car, truck, motorcycle, bicycle, pedestrian, or slip and fall accidents on roads like I-79, Route 50, and Route 19.
  • Legal deadlines: West Virginia law limits your time to file a claim to two years after the accident — missing this window may forfeit your right to recover damages.
  • Legal guidance: Robinette Legal Group, PLLC offers personalized help for cases involving concussions, hematomas, axonal injuries, and more.
  • Free consultation: Their attorneys will review your case and fight for a full and fair recovery — with no upfront costs.

Why Choose Us

The likelihood of recovering or coping with a brain injury depends on the settlement value of the award you receive for your claim. Working with our brain injury lawyers enhances the chances of a positive outcome.

Here’s why you should work with us:

  • Tailored Support: We take time to understand the unique situation of an injured victim and offer personalized representation. Our brain injury lawyers helped a man who suffered a brain injury receive a settlement that was annuitized for the rest of their life.
  • Location: We are at 211 Everhart Dr, Ste 200, Morgantown, WV 26508, a 2-minute drive from Bobbi’s World.
West Virginia Brain Injury Lawyers

 

Compensation for Brain Injury

You can initiate a personal injury claim or lawsuit to obtain compensation for your losses. You can pursue the following damages in a brain injury lawsuit:

Medical Expenses

One of the most significant aspects of a brain injury claim is the reimbursement for all medical expenses related to the injury. Medical expenses damages can cover:

  • Hospitalization charges
  • Emergency room costs
  • Surgeries
  • Doctor’s visits
  • Medication costs
  • Rehabilitation expenses
  • Future medical expenses

Our brain injury attorneys can use medical records to support your claim for medical expenses, so you have the financial resources to pay for the treatment plan.

Lost Income

A brain injury can often result in the victim being unable to work for an extended period, leading to a loss of income.

Compensation for lost income aims to provide financial support for the income you would have earned if not for the injury. Lost income damages can include compensation for past lost income and future earning capacity that the brain injury may impact.

Out-of-Pocket Expenses

You may also be entitled to reimbursement for any out-of-pocket expenses incurred due to the brain injury. Out-of-pocket costs can cause financial disruption, so you deserve compensation for these losses.

Out-of-pocket expenses can include transportation costs to and from medical appointments, over-the-counter medications, co-pay expenses, home or vehicle modifications to accommodate a disability, and other miscellaneous expenses related to your injury.

Pain and Suffering

Pain and suffering damages compensate a brain injury victim for the physical pain, emotional distress, and mental anguish caused by the brain injury. These damages aim to compensate for pain, discomfort, trauma, and inconvenience due to the injury.

Emotional Distress

A brain injury can also have a significant impact on your mental well-being. Emotional distress damages seek to compensate for the psychological and emotional effects of the injury, including anxiety, depression, PTSD, and other mental health issues that may arise as a result of the brain injury.

For example, you can pursue emotional distress damages if you suffered post-traumatic stress disorder (PTSD), if the events leading to the brain injury were traumatic.

Loss of Companionship

You may be entitled to compensation if the brain injury results in a loss of consortium or companionship with a spouse, partner, or family member. Loss of companionship damages aim to address the impact of the injury on your relationships and the emotional support you receive from loved ones.

Loss of Enjoyment of Life

A brain injury can significantly impact your quality of life, resulting in the inability to participate in activities and hobbies you once enjoyed. Compensation for loss of enjoyment of life seeks to address the non-economic damages associated with the diminished ability to participate in activities that brought joy and fulfillment before the injury.

Permanent Disability/Disfigurement Damages

If the brain injury results in permanent disability or disfigurement, you may be entitled to compensation for the long-term effects on your quality of life. These damages aim to provide financial support for the physical limitations, functional impairments, and disfigurement resulting from the brain injury.

Where Do Accidents Occur in West Virginia

A brain injury can occur for various reasons, including slip and fall accidents, vehicle accidents, work-related accidents, or physical assaults. Vehicle accidents cause a significant share of brain injuries.

Although vehicle accidents can occur in any part of West Virginia, road users are more vulnerable in specific zones.

Here are the roads where vehicle accidents are likely to occur:

  • Interstate 79 (I-79): Interstate 79 (I-79) is a major West Virginia highway connecting Charleston to Morgantown and experiences dense traffic. The heavy traffic flow, coupled with varying speed limits and diverse types of vehicles on the road, can increase the risk of accidents, including those that result in brain injuries.
  • Route 50: Known for its scenic views, Route 50 can pose significant dangers for drivers, especially in rural areas where road conditions may not be optimal. The winding nature of the road, combined with limited visibility at specific points, can lead to a higher likelihood of accidents and, consequently, brain injuries.
  • Route 19: Route 19 presents challenges for drivers due to its hilly terrain and sharp curves. These topographical features can make it harder for motorists to anticipate oncoming vehicles or obstacles, increasing the risk of collisions that may result in severe injuries, including brain trauma.
  • Route 68: As a major route connecting West Virginia to neighboring states, Route 68 is prone to heavy traffic congestion, especially during peak hours. The bustling traffic, coupled with complex interchanges and exits, can create opportunities for accidents that may lead to brain injuries.
  • Route 33: This scenic highway in West Virginia passes through various rural and urban areas, presenting a mix of traffic conditions for drivers. From sharp bends in the road to sudden stops in traffic, Route 33 can be challenging to navigate, increasing the potential for accidents, some of which may result in traumatic brain injuries.

West Virginia Brain Injury Attorney

Our birth injury lawyer can be instrumental in advocating for your rights and pursuing financial recovery for your losses. We use our understanding of brain injury laws in West Virginia to protect the rights of injured victims.

We can offer legal support if you sustain a brain injury in any of the following accidents:

  • Car Accidents: When a car accident occurs, the impact can cause a sudden jolt to the head, leading to a traumatic brain injury (TBI). Our experienced brain injury attorneys can help assess the extent of your injuries and initiate a compensation claim.
  • Truck Accidents: Collisions involving large commercial trucks can result in severe brain injuries due to the sheer force of impact. Our dedicated brain injury lawyers understand the impact of severe injuries and can represent your best interests in negotiations or court proceedings.
  • Slip and Fall Accidents: Slip and fall accidents may seem minor, but can also lead to significant brain injuries. Our skilled brain injury attorneys can investigate the circumstances of your accident, determine liability, and work to secure fair compensation for your injuries.
  • Motorcycle Accidents: Motorcyclists are particularly vulnerable to brain injuries in accidents due to the lack of protection compared to other motorists. Our motorcycle accident lawyers can advocate on your behalf to hold the responsible party accountable for their negligence.
  • Pedestrian Accidents: Pedestrians are at high risk of sustaining brain injuries in vehicle accidents. Our compassionate brain injury attorneys can assist in seeking compensation for your injuries, whether through negotiations with insurance companies or litigation against the at-fault party.
  • Bicycle Accidents: Bicyclists also face the risk of traumatic brain injuries in accidents with motor vehicles. Our brain injury lawyers at Robinette Legal Group, PLLC, have the knowledge and resources to pursue maximum compensation for your injuries and damages resulting from a bicycle accident.

Our brain injury attorneys can also represent you if you sustain different types of injuries, including:

  • Hematoma
  • Anoxic Brain Injury
  • Penetrating Brain Injury
  • Diffuse Axonal Injury
  • Contusion
  • Coup-Contrecoup Injury
  • Concussion

What to Do After a Brain Injury Accident

Your actions after a brain injury accident can enhance your wellness and protect your legal rights.

Here’s what to do after a brain injury accident:

Seek Immediate Medical Attention

You should seek immediate medical attention after sustaining a brain injury in an accident. Here’s why immediate medical attention can make a difference:

  • Reveal hidden injuries: Brain injuries are not always apparent immediately following an accident. Symptoms of some injuries, including concussion, may manifest hours or even days later. A healthcare professional can conduct thorough evaluations to detect hidden injuries and initiate a treatment plan.
  • Medical documentation: Prompt medical attention creates a record of your injuries and treatment plan. Medical documentation is the foundation of any legal action following the accident. A detailed medical report can strengthen your claim for economic and non-economic damages.
  • Protect Legal Rights: Seeking immediate medical attention can safeguard your legal rights as an injured victim. An insurer can question the severity of your injury if you delay seeking medical attention.

Our brain injury attorney can use medical records from a healthcare professional to prove the extent of your injury and support your claim for medical expenses.

File a Police Accident Report

After experiencing a brain injury in an accident, you should file a police accident report. The report serves as an official document detailing the circumstances of the accident, including important information such as the date, time, and location of the incident.
By documenting these details with the police, you create objective evidence supporting your potential personal injury claim.

Filing a police accident report also helps establish the seriousness of your brain injury. For example, the report can state that paramedics responded to the scene, and the victim was moved to the hospital using an ambulance.

An official crash report can also prevent any disputes about the cause of the injury or the extent of damages incurred. The findings of the police crash report can establish who was at fault or if negligent actions, e.g., distracted driving, contributed to the crash.
Our brain injury attorneys can use the police accident report to establish liability and support your compensation claim.

Consult Our Brain Injury Attorneys

You should also speak to our brain injury attorneys after sustaining an injury in an accident. We can evaluate the facts and circumstances of the accident and design a strategy for pursuing compensation for your losses.
All legal cases, including brain injury claims, must adhere to legal timelines and deadlines. For example, the West Virginia statute of limitations requires injured victims to file a lawsuit within two years.

If you initiate a lawsuit beyond the two-year timeline, you can lose your right to compensation. Our brain injury lawyers understand the applicable timelines and will file a timely lawsuit so you don’t lose your legal right to compensation.
Most importantly, our brain injury attorneys will give you advice so you can make decisions that protect your interests throughout the claim process.

Speak With Our West Virginia Brain Injury Lawyer Today

Your quality of life is likely to worsen after sustaining a brain injury in an accident. The injury can lead to altered consciousness affecting your ability to work, relate with your loved ones, or enjoy activities you once enjoyed.

Although you deserved compensation for your losses, the at-fault party’s insurer may downplay your losses by rejecting your insurance claim.

Our brain injury attorneys at Robinette Legal Group, PLLC, understand the frustrations of pursuing compensation and are willing to hold your hand. We will use evidence to negotiate with the insurer or litigate the claim to push for a fair settlement value. Contact us online or at (304) 594-1800 for a free case evaluation.

super lawyer award Jeff Robinette 2022 Jeffery Robinette, West Virginia Brain Injury Lawyer

Call us today to find out how we can help you.

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Our Case Results

Brain Injury

While timbering in WV, a heavy equipment operator sustained a permanent brain injury while performing the duties of his job. What price can you put on the loss of a fully functioning, fully reasoning brain? Jeff Robinette was able to negotiate a settlement that was annuitized to provide for this man for the rest of his life.

Car Accident Injuries

Jeff Robinette was hired by a young woman who had sustained permanent injuries to her foot due to an auto collision. The insurance company offered such a small amount and dealt with her in such a dismissive manner that the treatment of her case amounted to bad faith on the insurance company’s part. Jeff was able to obtain a substantial settlement which allowed this young woman and her husband to pay medical bills, buy a car and a home, and start building a future together.

Crushed Foot Injury

While working in Morgantown, WV for a large national retailer, our client, a young woman in her early twenties, was ordered to use equipment that she was not properly trained to use. In the course of attempting to complete her task, she sustained a severe crush injury to her foot. Due to this incident, our client lost full use of this foot for the rest of her life and was living with chronic, persistent pain.

Our firm was able to obtain a sizable settlement which took care of all her medical bills and future treatment for her foot injury. The settlement was ample enough to allow this young woman to go back to college and retrain for employment which will accommodate her permanent disability.

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Jeffery Robinette
Jeffery Robinette
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Jeffery Robinette is a West Virginia Personal Injury Lawyer based in Morgantown who represents individuals who have been seriously injured or killed due to motor vehicle collisions or catastrophic workplace accidents.
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Attorney Robinette was able to secure a settlement that allowed us to have our home repaired and to recoup the fees we paid.
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Home Construction Dispute Client
I am so glad I chose Robinette Legal Group to represent me in a recent car accident case.
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We were very fortunate to have him to represent us.
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