How to Safeguard Your Legal Rights After a TBI in Virginia
From car accidents to workplace incidents, traumatic brain injuries (TBIs) are surprisingly common. To safely defend your legal rights to full compensation, it’s critical to know what to do—and what not to do—after suffering a TBI. While other states follow comparative negligence, Virginia is a pure contributory negligence state. The other party must be 100 percent at fault for you to recover damages.
Working with a skilled personal injury attorney is vital. Discuss how to protect your legal rights after a traumatic brain injury with the experienced team at The Mottley Law Firm today.
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What to Do After a Traumatic Brain Injury
Navigating the aftermath of a traumatic brain injury is never easy, but do your best to protect your legal rights and reinforce your claim for damages. To improve your chances of recovering maximum compensation, follow these key steps.
Seek Emergency Medical Attention
Regardless of the cause, get emergency medical help right away after your accident. Call 911 and summon an ambulance to the scene. The moments immediately following an injury make a world of difference. It may seem like a minor incident at the time, but long-term impacts can be profoundly serious, so make your health a priority.
Document the Scene
If you’re able, gather as much evidence from the accident scene as possible, or ask someone to help if you don’t think you can. Take photos and videos of the accident scene, including bodily injuries and property damage. Note how the accident happened, including relevant details like weather and traffic conditions. Get the contact information of any witnesses. Don’t rely on your memory to recall these details later on.
See Your Doctor for a Full Checkup
Symptoms of TBIs often aren’t apparent until days or even weeks after the accident. Even if you receive emergency medical care, also schedule an appointment with your primary care provider. Get a thorough checkup, paying particular attention to “hidden” injuries like closed head wounds and whiplash.
Start an Injury Journal to Record Daily Experiences
Different types of traumatic brain injuries, and individual experiences, vary greatly. Document your journey to detail the progress of pain, symptoms, limitations, and medical treatments. Discuss the impact the TBI has had on your daily life. Also, keep track of lost wages and other damages and losses you may seek to recover.
Consult a Skilled Virginia Personal Injury Lawyer
Before going any further, meet with a Richmond traumatic brain injury lawyer. The legal team at The Mottley Law Firm is ready to answer your questions. There aren’t any upfront costs for this initial consultation. We’re on your side every step of the way, explaining TBI legal terms, gathering evidence, and building a strong argument to support your case. Let us guide you through this complex and challenging time.
What to Avoid After a Traumatic Brain Injury to Protect Your Legal Rights
Just as doing the right things can bolster your injury claim, doing the wrong things can undermine your chances of recovering damages. They’re all potential evidence in a brain injury case, both good and bad.
Admit Any Amount of Possible Fault
Don’t say anything that could be interpreted as an admission of fault. Even saying “I’m sorry” could be used against you in a personal injury lawsuit. Only state facts, like the time and location of the incident. Consult with your Virginia traumatic brain injury attorney before going on the record with anyone.
Post About Your Case on Social Media
The primary danger of using social media after an injury is that your posts may be used to undermine your compensation claim. If your TBI lawsuit states that you experience vertigo and nausea, but you post a photo playing sports, this can be used as evidence to counter your claim. Your lawyer will advise you about the best online procedures.
Refuse Treatment or Ignore Medical Advice
Resist the urge to brush off a lack of initial symptoms. Even if you think you feel fine, hidden injuries can worsen over time if left untreated. Similarly, it’s important to follow medical advice and follow through with recommended treatments. Not only can this improve your prognosis, but it also supports your TBI claim that you’re doing everything possible to recover from your injuries.
Accept the First Settlement Offer From Insurance
After such a trying ordeal, you may feel like just putting all of this behind you. But keep in mind that when an insurance company offers a settlement amount, it’s likely the least amount of money it thinks you’ll accept. Don’t sign anything before discussing everything thoroughly with your Virginia personal injury attorney. We’ll objectively evaluate your case and justify its true value.
Paving the Path to Recovery and Fair Compensation
To recover fair financial costs of your situation, you can file a personal injury lawsuit against the responsible party or parties. How a brain injury case works is that your lawyer first investigates the accident. After consulting with more experts, we assess your case, evaluate your economic and non-economic damages, and negotiate for a fair settlement.
With the top 10 personal injury settlements in Virginia in three of the past six years, The Mottley Law Firm is confident we’re up to the task. We’ll work to ensure the offer you receive is appropriate to your situation.
