Brain injuries have devastating consequences for victims and their families. When someone sustains a traumatic brain injury (TBI) due to the negligence of another party, seeking justice becomes vital. To prove liability in Virginia brain injury cases, a Colonial Heights lawyer with this expertise will use various evidence-based strategies so you can secure the fair compensation you deserve. Proving Liability in Virginia Brain Injury Cases  | Virginia Traumatic Brain Injury Lawyer

Negligence in Brain Injury Cases

To prove liability in a traumatic brain injury case, lawyers must establish negligence on the part of the responsible party. Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. It can be a crucial factor in determining liability for the TBI. In Virginia, proving negligence requires demonstrating four key elements:

Duty of care

There must be proof that the defendant owed a duty of care to the injured party. 

Breach of duty

There must be evidence that the defendant breached their duty of care, failing to meet the standard of reasonable behavior.  


A causal link must be established between the defendant's breach of duty and the brain injury is essential. A brain injury lawyer must demonstrate that the defendant's actions directly led to the victim's brain injury.


Lastly, there must be evidence of the damages suffered by the victim due to the brain injury. Damages for a Virginia traumatic brain injury may include medical expenses, lost wages, pain and suffering, and other relevant losses.

Investigating and Gathering Evidence

After a traumatic brain injury, it is important to act quickly and contact a Virginia brain injury lawyer as soon as possible while evidence is still available. Waiting too long can result in evidence being lost or no longer preserved. A strong case requires a thorough investigation and relies on the quality of evidence gathered by your attorney.

Here are just a few of the crucial steps your lawyer takes to prove liability:

Scene investigation

They may visit the accident scene to gather evidence and document any factors that could have contributed to the brain injury. They might also gather evidence, such as police reports, surveillance footage, and photos of the scene, that can be used to support your claim.

Witness statements

Collecting statements from witnesses who observed the incident can be invaluable in corroborating the events leading to the brain injury. Their testimonies help establish the other party’s negligence.

Expert testimony

Brain injury cases often require the expertise of medical professionals and accident reconstruction specialists. Virginia brain injury lawyers may consult neurologists, neuropsychologists, or other specialists to provide expert testimony on the extent of the injury and its impact on the victim's life.

Medical records

Comprehensive medical records are essential in establishing the severity and cause of the brain injury. A brain injury lawyer works to obtain relevant medical documentation such as doctor’s notes, imaging scan results, and other relevant information that can be used to strengthen your case.

How a Colonial Heights Lawyer Can Help

Once the necessary evidence is gathered, a Virginia brain injury lawyer analyzes the collected evidence and formulates a compelling legal strategy that aligns with the specific circumstances of your case. Using their substantial expertise, they review pertinent laws and precedents, enabling them to build a solid argument in your favor.

A brain injury lawyer also does the following to help with your case:

Calculates damages

Accurately calculating the damages suffered by the brain injury victim is crucial. An attorney assesses damages such as medical expenses, ongoing care costs, loss of income, and the emotional toll the brain injury has taken on the victim and their family.

Negotiates with insurance companies

Insurance companies may attempt to undervalue a brain injury claim or deny it altogether. A skilled lawyer negotiates with insurance companies on behalf of the victim and their family to ensure your rights stay protected and you receive a fair settlement.

Provides court representation

If negotiations with the insurance company are unsuccessful, a brain injury lawyer is prepared to take the case to court and fight for the settlement 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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