Proving Liability in a Brain Injury Lawsuit

In Virginia, pursuing damages for depression resulting from a traumatic brain injury requires establishing a clear link between the accident and the subsequent mental health struggles. It’s crucial to demonstrate that the depression is a direct consequence of the incident and not due to a preexisting condition. 

In addition, your legal team must establish the defendant’s liability, proving that their actions or negligence directly led to the traumatic brain injury.

Possible Brain Injury Damages 

If successful in establishing liability, individuals suffering from depression after a TBI may be eligible for various damages, such as, but not limited to:

  • Medical expenses
  • Rehabilitation costs
  • Lost wages 
  • Pain and suffering
  • Loss of enjoyment of life

How a Brain Injury Lawyer at The Mottley Law Firm Can Help

Navigating the legal landscape involving TBI and depression is a complex and challenging process. Engaging the services of an experienced Virginia brain injury lawyer at The Mottley Law Firm is essential in ensuring a thorough and effective case. A skilled attorney can help you in the following ways.

Reduce Stress

Dealing with both depression and a traumatic brain injury is a lot to handle. A lawyer can help reduce stress by managing the legal aspects of your claim so you can focus on recovery.

Provide Legal Expertise

A lawyer specializing in traumatic brain injury cases has a wealth of legal knowledge and expertise. They understand the nuances of Virginia's laws and can guide you through the complexities of the legal process.

Gather Evidence

Proving a direct link between the accident and subsequent depression requires thorough evidence collection. Your legal team at The Mottley Law Firm works with medical professionals and experts to build a strong case, ensuring that all relevant information is presented convincingly. In addition, your lawyer gathers evidence such as witness statements, photos, video surveillance, and medical and police reports.

Negotiate with Insurers

Insurance companies often try to minimize payouts or decline claims. An experienced traumatic brain injury lawyer with savvy negotiation skills advocates for fair compensation, considering both economic and non-economic damages.

Provide Court Representation

If a fair settlement cannot be reached through negotiations with the insurance company, your lawyer should be prepared to represent you in court. They’ll present your case before a judge and jury and fight for the compensation you deserve.

Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims
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