Sleep Better at Night With Answers to Your Top Questions on Virginia Brain Injury Claims

Experiencing something as traumatic as an accident in Chesterfield County can leave your head spinning with questions and uncertainty. Get the answers you need fast in this FAQ series from Richmond brain injury attorney Kevin Mottley.

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  • What types of trucks are commonly involved in accidents?

    Different types of truck accidents create different legal challenges.On any given day, a wide range of large vehicles crisscross Virginia’s streets and highways, delivering everything from garbage to gasoline to groceries. These trucks serve a necessary function, but also come with serious dangers, especially when drivers aren’t paying attention to the road or trucking companies fail to keep up with vehicle maintenance schedules. 

    Virginia Truck Collision Basics

    Different types of truck accidents bring varying challenges and legal hurdles in discovering who is at fault and legally owes you compensation. In the Richmond area, truck accidents may involve any of these types of vehicles:

    • Box trucks, typically for local or regional delivery
    • Cement trucks and other road construction vehicles
    • Flatbeds for hauling equipment
    • Government vehicles like animal control, USPS delivery trucks, or street sweepers
    • Rental trucks such as U-Haul, Penske, Ryder, etc.
    • Tankers carrying liquid cargo 
    • Tow trucks for moving disabled vehicles
    • Waste management trucks for garbage pickup or recycling 

    When a truck driver or employer fails to uphold their standard duty of care, crashes are bound to happen that cause serious injuries. Any of the truck types listed above are susceptible to accidents involving:

    • Blind spot collisions
    • Distracted or drowsy driving, especially in instances of logbook violations or improper training
    • Jackknife crashes when the cab and trailer move in different directions
    • Rollovers when a truck physically flips on its side
    • Underride collisions when a smaller vehicle goes under the cargo bed of a truck

    After an accident with any type of truck, be sure to call the police, document the scene as thoroughly as possible, and gather contact info on any eyewitnesses. Then, see a doctor to have your injuries examined. 

    Once you’ve attended to your medical needs, the most important next step is to contact an experienced personal injury attorney. A lawyer can work to determine who holds the most responsibility for your accident, whether it’s the truck driver, the company that hired them, a crew that performed shoddy repairs, or a government agency. From there, the attorney gathers and presents evidence to help you get the settlement you deserve. 

    Schedule a Free Consultation for More Info

    Truck accident victims can recover damages for hospital stays, surgeries, lost wages, emotional suffering, and other expenses stemming from the injury. Ready to take the next steps in your recovery? You can read our free report on Virginia personal injury cases or contact us directly to find out if we are the right firm to fight for your legal rights. 

  • If I’ve had mild traumatic brain injuries in the past, can I still recover damages for a new injury?

    A previous TBI can't be used to deny your claim.You’ve probably heard phrases like “pre-existing conditions” get tossed around on TV shows and in the news, and that may leave you thinking you can’t seek compensation if you suffer more than one brain injury. Thankfully, that’s not actually true. The law is on your side if you’ve been hurt in multiple accidents, although there are unique challenges in this sort of situation that an attorney will need to walk you through.

    Legal and Physical Consequences of Multiple TBIs 

    Lawsuits from victims of multiple injuries are sometimes referred to as involving the “eggshell plaintiff” or “eggshell skull” rule. This essentially means that due to a previous accident, you were more likely to be injured again in the future.  

    Here’s the simple truth to understand—just because you were harmed in the past and were susceptible to additional injuries down the line doesn’t mean people are allowed to behave negligently. If you suffered another traumatic brain injury, whether from a car crash with a distracted driver or by slipping and falling when a store manager didn’t handle a problem, you can still seek compensation. 

    In fact, it is particularly important to pursue your legal right to recover damages after multiple injuries, as repeated TBIs—even mild ones—can result in serious cognitive and behavioral changes. Repeat mild traumatic brain injuries are often associated with mood disorders and difficulties with memory that may prevent you from working and drastically interfere with your daily life. In more serious cases, they can also cause problems with your vision and ability to communicate.

    Cases involving plaintiffs who have experienced TBIs in the past can be more difficult to win, however, because you will need to show: 

    • How your previous injury made you susceptible to further harm
    • That your current medical costs and loss of wages stem from this new accident
    • Proof that the at-fault party behaved with negligence, whether by driving under the influence, failing to fix broken steps, or some other behavior 

    An attorney is absolutely critical to this process and can help by utilizing medical records, police reports, and eyewitness testimony to provide compelling evidence in a lawsuit.

    Have You Suffered More Than One Traumatic Brain Injury?

    Even if you’ve been injured in previous accidents, you still have a legal right to hold the negligent party in any new accident responsible for your costs. We’d like to hear more about your case to find out if we are the right fit to help you pursue legal action—send us the basic details of your situation today. 

  • How long do I have to file a truck accident case in Virginia?

    You have two years to file a truck accident claim.In most Virginia accidents involving a commercial cargo vehicle or a large passenger truck, you have exactly two years to file a personal injury lawsuit. Filing against a negligent truck driver or trucking company after that date will almost certainly result in losing out on your legal right to recover damages. You need to act quickly because the negligent party can simply file a motion to dismiss after two years, and your case will most likely be tossed by the court. 

    Why Prompt Action Is Key

    There are some extremely rare exceptions that can extend the two-year time frame, such as if the negligent party flees the state to avoid appearing in court, but in general you shouldn’t wait until the deadline before filing. There are more reasons to act quickly than just racing against the statute of limitations. 

    You want to get an attorney’s assistance as soon as possible to prevent crucial evidence in your case from being intentionally destroyed or unintentionally tossed out by the trucking company, for instance. The sooner you retain legal counsel to investigate your accident, the easier it will be for your attorney to obtain compelling evidence showing what specifically caused the accident, such as: 

    • Black box data from the truck
    • Employment records
    • Maintenance schedule information
    • Physical evidence like tire skid marks and photos of the scene
    • Statements from eyewitnesses 

    Victims with severe physical injuries may consider waiting to file a lawsuit until they are further along in their recovery and the full medical costs associated with the accident are clear. This isn’t necessary, however, and there’s no actual benefit to waiting. Even if you have persistent medical costs, such as expecting additional surgeries in the future or ongoing therapy sessions, you should still file as soon as possible. Future medical expenses, as well as the loss of future earning potential if you can’t work, can be calculated as part of a settlement or judgment from a court. 

    Contact an Experienced Truck Accident Attorney 

    Talk with an attorney as soon as you can after a truck crash to get the information you need and protect your legal rights to compensation. If you or someone you love was injured by a negligent truck driver, talk to The Mottley Law Firm so we can determine your best course of action before the statute of limitations expires.

  • I was injured in an accident with a drunk driver. Should I file a car accident claim?

    You shouldn't have to pay for a drunk driver's negligence.Crashes caused by a driver who was drunk or under the influence of narcotics can be some of the most devastating, with major injuries or even fatalities frequently involved. While you have legal rights to recover damages after getting hit by a drunk driver, the system doesn’t always work in your favor. That’s especially true if you don’t have a legal professional in your corner.

    You Need an Attorney to File a Claim After a DUI Crash

    Even if the Commonwealth of Virginia brings a criminal case against the drunk driver, that case won’t help with your costs after the collision. From broken bones to traumatic brain injuries and spinal cord damage, your medical expenses are likely significant after a DUI collision. Those costs can be astronomical before even taking into account factors like loss of wages if you need time to recover before returning to work. 

    That’s why you absolutely need to seek an insurance settlement or a personal injury case against the at-fault party. There’s a catch here, though, and it’s an important one you need to know about ahead of time. Negotiating with insurance can be tricky, even when fault is incredibly obvious, like in the case of a drunk driver. Unfortunately, your insurance carrier only makes money if they pay out less than they bring in, so the adjuster will likely attempt to get you to admit partial fault or find a way to deny your claim. That problem is easier to overcome with an attorney’s assistance.

    In addition to the costs of your medical treatment and loss of wages, a drunk driving case may feature punitive damages that can significantly increase your monetary award. These damages are intended as a punishment for reckless behavior that resulted in injury. 

    For the best shot at recovering full damages, an attorney needs to gather and present the necessary evidence either to the insurance company or to a jury. That evidence is needed to prove negligence on the part of the drunk driver, as well as to showcase the full amount of compensation you are legally owed. 

    Let an Attorney Help You Hold the Drunk Driver Responsible

    Were you hurt in a crash with a drunk driver, or did a close loved one die in the collision? Get in touch with a personal injury attorney with experience in DUI cases. Call us today or send a message through our online form so we can start determining the best next steps for your case. 

  • How badly do I need to be hurt to call a car accident lawyer?

    Call a lawyer as soon as possible after your car accident.After a car crash caused by negligence, you have the legal right to pursue compensation for your economic and non-economic damages. Not every single vehicle collision requires an attorney, however.

    If your crash only resulted in property damage or minor physical pain, insurance may take care of the situation. If you’ve been more seriously hurt, working with a lawyer may be in your best interest.

    Car Crash Injuries That Warrant Contacting an Attorney

    If there’s no physical injury at all in a car crash, there’s usually no need to contact an attorney. Here’s the catch though—you may have internal injuries that aren’t visible and can cause serious problems in the future. 

    If you’ve been in an accident, even one that seems minor, always see a doctor as soon as possible. After visiting a doctor, you may need the help of an experienced personal accident lawyer if you suffered:

    • Broken bones
    • Disfigurement
    • Emotional damage like PTSD, anxiety, difficulty sleeping, etc.
    • Lacerations
    • Soft tissue damage
    • Spinal cord injury
    • Traumatic brain injury

    In short, you should probably contact a lawyer if your injury required seeing a specialist, any kind of surgery was involved, or long-term rehabilitation is needed. An attorney can also be extremely helpful if you suffer constant pain and discomfort that requires changing your daily schedule or prevents you from returning to work.

    How an Attorney Helps After a Car or Truck Accident

    If your injury is serious enough that professional legal help is worthwhile, an attorney can investigate the accident to determine who is specifically at fault. It may not always be the other driver, and there may be situations where multiple people share fault, which can complicate your case. 

    An experienced personal injury lawyer will also help by determining a full and fair monetary value to your losses based on medical bills, out-of-pocket costs, future treatments, and loss of wages. Even if you don’t end up taking the negligent party to court, an attorney can also help if your insurance carrier attempts to deny your claim or offers a far lower amount than you are actually owed.

    Do You Need Help After a Virginia Car Crash?

    Were you injured in a crash and think you might need an attorney to seek compensation? Start a live chat or send a message through our online form to schedule a free case evaluation.

     

  • My child was hurt in a car accident. What should I do?

    You must file a car accident claim on your child's behalf.No parent ever wants to experience the terror of learning their child has been in a serious car accident. Unfortunately, the frequency of vehicle crashes on Virginia roads makes this scenario a distinct possibility. If your child is injured in a collision, there are actions you need to take in both the short and long term to protect their legal rights. 

    Steps to Take After Your Child Is in a Car Crash

    After calling 911 to alert emergency medical personnel and law enforcement, make sure to take these steps as soon as possible:

    • Document the accident with photographs if you are at the scene with your child, and speak with witnesses to gather their contact information in case they need to answer questions or testify in court at a later time.
    • Let an attorney handle all communication with insurance. Do not provide them with any kind of statement, as your words may be used against you to deny your child’s claim.
    • Seek legal advice from an experienced personal injury lawyer to discuss your best method for receiving the full compensation your child is owed, which may require taking an at-fault driver to court.
    • Take your child to see a doctor, even if they don’t visibly seem hurt or complain of any serious pain. Internal wounds, traumatic brain injuries, nerve damage, and other medical issues aren’t always immediately apparent and can have drastic effects on your child’s life.

    Claims Involving Children Can Be Complicated

    While minors under the age of 18 have a legal right to compensation, they are unable to file lawsuits in Virginia on their own. That means you as the parent or guardian must handle this aspect of their recovery on their behalf.

    You need a legal professional on your side to anticipate and handle issues that may complicate your child’s case, such as if the accident occurred in a rideshare vehicle, was caused by a negligent trucking company, or if multiple cars were involved in the collision.

    With the help of a lawyer, your child may be able to recover damages for medical costs like hospital stays, surgeries, medication, and rehabilitative therapy. A car crash can also create an impact on their life beyond just the initial injuries, and an attorney can help you seek compensation for their pain and suffering, as well as the potential loss of future wages.

    Our Personal Injury Attorney Can Help Your Child

    Reach out through our online contact form and we’ll get in touch to find out if we can help you during this difficult time. Your family deserves the best legal representation possible, and we want to help while your child recovers.

     

  • How can I support a loved one who recently suffered a brain injury?

    Support your loved one after a TBI.Recovery after a TBI (traumatic brain injury) is an ongoing process that requires changes not just to the victim’s daily life, but also to yours as a close loved one. When a child, parent, sibling, spouse, or a personal friend suffers a brain injury, you can be a vital part of overcoming their day-to-day struggles

    How You Can Be There for a Traumatic Brain Injury Patient

    Depending on the severity of the TBI, your family member or friend might be unable to return to work, incapable of driving themselves to appointments, or even have trouble with daily chores Your goal should be to keep stress levels down as your loved one deals with these potentially life-long changes while also potentially pursuing a legal case against the negligent party responsible for the injury. These are some of the ways you can specifically be the most helpful:

    • Be prepared for difficulties. Patience is a critical element of helping a TBI patient, as behavior changes and frustration with new challenges are common.
    • Encourage your loved one to take legal action. Recovery isn’t just therapy, medication, and learning new coping techniques. It also involves holding those responsible accountable for their actions and handling financial matters. If the traumatic brain injury was caused by negligence, your loved one may be able to recover damages for medical bills, loss of wages, and pain and suffering.
    • Gain an understanding of the medical repercussions. TBIs may cause a range of physical, mental, and emotional issues that can deeply impact daily life and relationships with friends and family, from post-traumatic stress disorder to mood changes and even difficulties with vision. 
    • Help remember the small details. Your loved one will likely need assistance keeping records, writing down questions, and tracking bills that need to be paid. It is extremely easy for a TBI patient to become distracted or forget important dates and details.  
    • Make necessary changes at home. There are many things you can do to keep your loved one as safe and comfortable as possible, such as installing assistive equipment. In some cases, you may need to consider long-term care at a facility for more in-depth assistance that can’t always be provided at home.
    • Seek out TBI rehabilitation experts to assist in the recovery process. This may include doctors, speech therapists, occupational therapists, physical therapists, and support groups for TBI victims. 

    Get the Help Your Loved One Needs for Their Traumatic Brain Injury

    Your loved one’s case is unique, and the specific care they require and ways you can help can vary depending on the type of accident and TBI that was sustained. Get in touch with an attorney to learn more about what you can do, and be sure to also sign up for our newsletter to receive regular information with more information brain injury cases.

     
     

  • What do I need to know about filing a lawsuit for a mild traumatic brain injury (TBI)?

    A lawyer will help you file a lawsuit after a mild TBI.When dealing with a traumatic brain injury (TBI), the word “mild” is something of a misnomer, as you may still experience serious symptoms over an extended period. Unfortunately, that word alone can cause problems when dealing with insurance companies or filing a lawsuit against an at-fault driver. Here’s what you need to know before taking your next legal steps.

    Impact of Mild Traumatic Brain Injuries

    Mild TBIs such as a concussion are easily missed the first time around, as they often don’t appear physically on a scan like bruising or a cerebral laceration. That makes a mild TBI case difficult to prove in court if you don’t have a CT or MRI scan clearly showing a physical injury. Insurance companies are also more likely to push back on covering costs associated with a mild TBI, and they may even try to avoid paying your claim outright. 

    Before providing a statement, you need an attorney’s help to handle communication with the insurance adjuster. An experienced TBI lawyer can utilize medical records, eyewitness accounts, and other evidence to prove your injury was caused by the accident and had a financial impact on your life. It’s critically important to have a brain injury lawyer perform an investigation and provide evidence if you need to take the negligent party to court.

    Even mild brain injuries can have a big impact on your finances as you rack up expensive medical bills—especially if returning to work full time isn’t always possible. Symptoms after suffering a mild traumatic brain injury in an accident can include:

    • Anxiety and depression
    • Changes to thought processes, such as delays in thinking or difficulty comprehending concepts
    • Difficulty concentrating 
    • Dizziness and nausea 
    • Emotional issues like irritability, mood swings, and sudden angry outbursts
    • Fatigue and difficulty sleeping
    • Headaches
    • Memory loss
    • PTSD
    • Ringing in the ears
    • Sensory issues like loss of smell or sensitivity to light and sound
    • Vision problems

    Even these supposedly “mild” symptoms may prevent you from completing your normal work duties, stop you from driving, or otherwise interfere with your daily routine and cause a financial loss. You have a legal right to recover damages for those losses if your injury was caused by negligence, whether in a car crash, slip and fall, or other incidents.

    Are You Considering Legal Action After a Mild TBI?

    If you are suffering symptoms after a mild TBI, you should discuss your case with a legal professional to weigh your options and help decide on the right path for moving forward. The Mottley Law Firm is here to help.

  • How can I find out what caused my truck accident?

    Your lawyer will conduct a detailed truck accident investigation.Any crash can be devastating, but truck accidents in particular often cause severe property damage, serious injuries with high medical bills, and long periods where you may not be able to work. Determining the primary cause of your truck accident, and whether the fault is shared between parties, is critical to recovering damages.  

    Proving the Cause of Your Virginia Truck Accident

    Unfortunately, the direct cause of the collision may not be immediately clear. That is often the case when a victim is seriously injured and needs to be taken to the hospital before speaking with the driver or responding officers. While police on the scene will initially attempt to determine fault, the investigation needs to go deeper than that to prove negligence and protect your legal right to compensation.  

    An attorney with experience handling Virginia truck collision cases knows what evidence to look for, what questions to ask, and how to interact with insurance companies for the best outcome. A personal injury lawyer can sift through police reports, driving records, medical documentation, employer data, and other sources to determine if the crash was caused by:

    • Distracted driving
    • Texting while driving  
    • Drowsy driving due to logbook violations or improper scheduling 
    • A medical issue experienced by the truck driver
    • Failure to yield, speeding, aggressive driving or other traffic violations   
    • Intoxicated driving 
    • Mechanical failure

    Discovering the root cause of the crash is important because it lets you know who bears responsibility and should be pursued for damages. In some cases, the accident may not actually be the truck driver’s fault. 

    If the crash was caused by mechanical failure, for instance, the fault may instead lie with the trucking company for failing to repair the vehicle, a maintenance crew for shoddy repairs, or even the part manufacturer for producing a faulty product. Improper hiring and training practices may also place liability with the parent company rather than the actual driver. 

    Contact an Experienced Richmond Personal Injury Attorney 

    Were you injured in a truck crash? We can help negotiate with the trucking company’s insurance for the full amount you are owed or pursue the case in court if necessary. Call The Mottley Law Firm or send us a message through our online form today to get more information.

  • How are pain and suffering damages calculated after a car accident?

    Get full compensation for pain and suffering.When someone is injured by a negligent driver, they are entitled to recover damages for quantifiable expenses like medical bills, out of pocket costs, car repairs, or loss of income. There are other, less tangible problems associated with car crash injuries that may not be physically visible but still require monetary compensation. The specific amount is calculated by an insurance adjuster offering a settlement, or by a jury if a case needs to go to court

    Specifics of Pain and Suffering Calculations

    Unlike lost wages where you can point to pay stubs and find an exact amount to be paid, there isn’t necessarily a specific dollar amount tied to physical or emotional pain and suffering. The amount can vary depending on how strongly the case is presented. To receive the full, fair compensation you are owed, you need a personal injury attorney to show that you experience issues such as:

    • Difficulty sleeping
    • Emotional distress like frequent anger, anxiety, or fear
    • Inability to engage in physical activities
    • Loss of appetite or energy
    • Mental anguish or depression
    • Additional detrimental effects of an injury, such as embarrassment from disfigurement
    • Post-traumatic stress disorder
    • Sexual dysfunction 

    These ongoing problems may occur after suffering nearly any type of injury in a car crash, but are especially common in cases where the collision caused a traumatic brain injury, which often results in a number of emotional and cognitive difficulties.  

    Why You Need a Lawyer to Help Calculate Your Pain and Suffering Damages

    No matter what specific type of injury you suffered in the car accident, the at-fault party and insurance carriers will likely attempt to reduce or outright deny any payment you are owed. That’s why you need a lawyer to be directly involved. 

    For instance, an insurance company may attempt to claim issues like ongoing pain or PSTD were caused by other incidents in the past. With an attorney’s help, you can ensure only relevant medical records are released and previous injuries aren’t used against you. 

    A personal injury lawyer can additionally utilize sources such as journal entries, calendars of missed events you had planned on attending, and expert testimony from health professionals to help calculate pain and suffering compensation.

    Get The Personal Injury Legal Help You Need Today in Virginia

    A car crash can bring sudden and massive changes to your life, from ongoing pain to loss of future earnings. Don’t leave money on the table or let the negligent party off without providing the full compensation you deserve. Start a consultation with an experienced car crash attorney today.