Brain Injury Lawyer in Virginia Beach
Traumatic brain injury (TBI) can be caused by a jolt or strike to the head that disrupts the normal functions of the brain. TBI is a significant cause of permanent disability in the United States. The most severe forms can result in death.
Always see a doctor if you have fallen or received a blow to the head. Any injury to the brain is serious and requires swift medical attention and accurate diagnosis.
Accident victims or families responsible for the care of those who have suffered a TBI should turn to the Virginia Beach brain injury lawyers of Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C., for help. We are here to help survivors and families seek compensation if their injuries were caused by someone else’s negligence.
Call us or contact us online to schedule a free consultation today.
Common Causes of Traumatic Brain Injuries in Virginia Beach
Falls are the leading cause of TBI, accounting for nearly half of all TBI-related emergency room visits, hospitalizations, and deaths. They disproportionately affect the youngest and oldest among us. Slips from bed or a ladder, downstairs, and in the bath are the most common ways to fall.
The second leading cause of TBI is being struck by or against an object. Playing sports, especially contact sports like football, can also cause serious head trauma.
Motor vehicle accidents are the third leading cause of TBI. The impact of the crash, whiplash, and other events common in collisions can cause the victim to suffer a devastating brain injury.
Violence, such as gunshot wounds, domestic violence, and assault and abuse are also common causes of TBI in this country. Explosive blasts, blows to the head with shrapnel, and penetrating wounds are a common cause of TBI among military personnel.
Types of Brain Injuries
All brain injuries are unique and vary in severity, depending on the type and amount of force that impacts the head. Classified from mild to severe, they can affect just one functioning part of the brain, various areas, or all areas of the brain.
The main types of TBI include:
- Concussion – Caused by direct impact or whiplash, it is the most common type of brain injury.
- Contusion – The result of a direct impact, it is a bruise or bleeding on the brain that often has to be surgically removed.
- Coup-Contrecoup – A pair of contusions on opposite sides of the brain due to the movements of the brain inside the skull.
- Diffuse Axonal – Caused by the forceful shaking or rotation of the head, it is the tearing of brain structures and nerve tissue and the release of brain chemicals that cause additional injury.
- Penetration – Occurring from the impact of a sharp object that forces outside material into the brain, it is the leading cause of death from TBI.
It is important to note that traumatic brain injuries are not the same as acquired brain injuries. Acquired brain injuries are those caused by strokes, tumors, anoxia, hypoxia, toxins, degenerative diseases, near-drowning, and other conditions that are not the result of an external force.
Symptoms of TBI
Symptoms of TBI are often permanent and can cause lasting impairment. They may appear soon after the traumatic event or days or even weeks later. Brain injuries can cause a wide range of physical and psychological problems, such as impaired thinking and memory, personality changes, impaired movement, blurred vision, ringing in the ears, and even coma or death.
Physical symptoms of brain injuries can also include headache, nausea and vomiting, convulsions and seizures, dilation of one or both of the eyes, fatigue, and drowsiness, speech problems, problems with sleeping or sleeping more than usual, dizziness, weakness and numbness, and loss of balance and coordination, amnesia, and dangerous bruising and bleeding of the brain.
Emotional functioning can also be impaired, manifesting in personality changes, depression or anxiety, agitation, combativeness, or other behavior unusual for the victim.
What Are My Rights as a TBI Victim?
The victim of someone else’s negligence that resulted in a brain injury may have the right to be reimbursed for medical expenses incurred for treatment of their injuries, as well as all future medical costs, including any nursing care that may be needed. Compensation could also include lost income and diminished future earning capacity, as well as compensation for pain and suffering, and other losses and expenses.
When Should I Contact a Virginia Beach TBI Lawyer?
First, seek medical attention, then immediately contact a lawyer right after you or your loved one suffers a traumatic brain injury. As soon as you are emotionally capable of making the call, do so.
Fresh witness accounts may be more accurate and detailed, and evidence will more likely be available and undamaged if you act promptly. It is also important to note that the statute of limitations for filing a personal injury claim in Virginia is two years from the date of the accident. Claims filed after the statute of limitations expires will not be heard by the court. Only very narrow exceptions apply.
Because of the investigation, negotiation with insurance companies, and building a TBI case takes time, it is crucial for you to contact a lawyer as soon as possible after any accident involving a brain injury.
Determining Liability for a Head Injury in Virginia Beach
The brain is an incredibly sensitive and complex organ. Any accident could potentially cause serious harm. If your accident was caused by someone else’s negligence, your attorney can promptly investigate it and determine which party or parties should be held accountable.
Slip and fall accidents are the most common cause of TBI. Property owners are responsible for the safety of their visitors and may be liable for the injuries. Property managers, operators, or maintenance companies may also be negligent.
If the accident was due to faulty equipment at work, then the manufacturer of the defective equipment or equipment part may be responsible.
If the brain injury occurred while undergoing a medical procedure such as childbirth or happened in a medical facility like a hospital or nursing home, the medical professional or institution may be found liable.
If the injury occurred because of the mismanagement of an athletic program due to the improper actions of coaches, trainers or athletic directors, or because of faulty exercise or recreation equipment, the negligent parties would need to be determined.
Negligent drivers are liable for injuries to others if they engaged in careless activities such as distracted driving, drowsy or drunk, speeding, reckless driving, or ignoring dangerous weather or construction conditions.
In almost all cases, an independent investigation will be required to determine who should be held legally responsible for the injuries.
How Can Virginia Beach Brain Injury Lawyers Help Me After a Head Injury
The attorneys at Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C. can file a lawsuit on behalf of the victim seeking recovery of all medical expenses, future costs, lost income, and damages for pain and suffering.
Our team will investigate how the injury occurred and whether anyone and who was negligent, then hold them accountable. We will be able to assess how the injury has impacted the victim’s life and the lives of their loved ones. We will evaluate the costs of treatment, the lost productivity, and earnings of the injured person, and other damages. Our goal is to aggressively pursue the full and fair compensation that you are owed.
If you’ve suffered a TBI that wasn’t your fault, we’re here to help. Schedule a free consultation with a Virginia Beach traumatic brain injury lawyer at Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C., by calling us or contacting us online today.