Have You Or A Loved One Suffered A Traumatic Brain Injury In Virginia?

If you believe you or a loved one suffered a TBI, an experienced traumatic brain injury lawyer can help you focus on recovery instead of fighting a complex battle against an insurance company and the people who caused the injury.

The passion of The Mottley Law Firm is protecting the legal rights of clients who have suffered life-disrupting brain injuries. No matter where you are in Virginia, we want to hear from you. Contact us online or call our Richmond office at (804) 409-0876 to schedule your free consultation.

 

  • Page 1
  • I’m having hormone issues because of a brain injury. Should I tell my brain injury lawyer?

    Possible Traumatic Brain Injury Hormone Issues Health graphic featuring word hormones indicating TBI hormone issues | Virginia Brain Injury Lawyer

    Injuries to the pituitary gland and hypothalamus can cause a variety of hormone issues. What many of our Virginia traumatic brain injury clients report include damage to the following hormones: 

    • ACTH: Adrenocorticotropic hormone governs the production of cortisol, the body’s main stress hormone, and stimulates the adrenal glands. Lower cortisol levels can cause fatigue and weakness. 
    • TSH: Thyroid-stimulating hormone encourages regulation of metabolic rate and development. 
    • LH: Luteinizing hormone triggers the production of testosterone and controls the menstrual cycle. 
    • FSH: Follicle-stimulating hormone works in tandem with LH to control ovulation and the menstrual cycle. 
    • PRL: Prolactin stimulates breast development and milk production in women. 
    • GH: Growth hormone promotes growth in childhood and regulates metabolism. 
    • ADH: Antidiuretic hormone affects kidney function and blood pressure.
    • OXT: Oxytocin is involved in uterine contraction during childbirth and lactation for breastfeeding mothers.

    A hormonal imbalance may only last a short time, but TBI-induced hormonal fluctuations can easily lead to permanent damage.

    Potential Long-Term Effects and Symptoms

    Physical, cognitive, and emotional problems after a TBI can profoundly impact a person’s quality of life. Pituitary injuries can affect almost every aspect of someone’s life. Possible symptoms may include:

    • Extreme chronic fatigue
    • Inability to sleep
    • Depression and anxiety
    • Reduced stamina and sex drive
    • Erectile dysfunction in men
    • Poorer time management
    • Dysregulated thirst and urination
    • Diminished social skills
    • Difficulty focusing on tasks
    • Changes in mood, like increased irritability 
    • Memory problems
    • Low blood pressure
    • Nausea and vomiting 
    • Chronic headaches
    • Irregularities or cessation of menstrual cycles
    • Weight changes,  muscle loss, and increased fat retention
    • Loss of bone density
    • Loss of body hair
    • Developmental issues in children

    In more severe cases, some people suffer an adrenal hormone crisis, which could be fatal.

    Why You Need to Tell Your Personal Injury Attorney

    From pedestrian accidents to workplace injuries, it’s critical to be as comprehensive as possible in fully diagnosing a TBI. Health providers sometimes miss damage to the pituitary gland and hypothalamus in traumatic brain injuries. For example, the above symptoms can sometimes be attributed to other causes, like post-concussive disorder. 

    The Richmond attorneys at The Mottley Law Firm take on many personal injury cases, including traumatic brain injuries. Be sure to tell us about all symptoms, however minor. This includes possible hormone issues, even if you’re not sure if they’re caused by your TBU. We’ll advocate for your best interests.

    In many cases, this may involve demanding certain medical tests to be completed. These can either confirm or rule out injuries to the pituitary gland that X-rays and MRIs don’t see. A neuroendocrinologist may complete an insulin tolerance test. The added specialization in head trauma distinguishes these medical specialists from more general endocrinologists.

    A more complete diagnosis empowers you to assess and value your case more accurately. Lifelong hormone replacement therapy may be necessary. Doctors may prescribe other medications. The long-term impact of hormonal balance on employment and quality of life is equally important. 

    Our Richmond Legal Team is Ready to Support Your Case and Maximize Potential Compensation

    Trust the legal team at The Mottley Law Firm to champion your legal rights. It’s vital to get all the facts straight so you’re fairly compensated for your injuries. Long-term medical costs like hormone replacement therapy could be part of a lifelong treatment plan. 

    In one notable traumatic brain injury case, our firm represented a 54-year-old man who was struck in a crosswalk by a City of Charlottesville official. The city refused to admit liability. Through persistent investigation, mediation, and negotiation, we were able to secure a $5 million settlement for our client. 

  • Do I need a brain injury lawyer if I suffered a basilar skull fracture in an accident?

    Common Symptoms and Possible Complications Doctor examining x-ray of basilar skull fracture | Virginia Brain Injury Lawyer

    Basilar skull fractures present numerous symptoms which depend on the severity of the injury and damage location. Common symptoms include:

    • Bleeding and/or bruising around the eyes and ears
    • Increased fatigue and drowsiness
    • Chronic or acute headaches
    • Nausea and vomiting
    • Convulsions and seizures
    • Involuntary movement of face and eye muscles
    • Diminished motor control
    • Impaired vision and hearing, including blurred vision and ringing in the ears
    • Increased pupil dilation
    • Leaking fluid from the ear or nose
    • Loss of consciousness or comas
    • Dizziness and lack of coordination
    • Difficulty sleeping or waking up from sleep
    • Weakness or numbness in the extremities 
    • Memory loss and other memory problems
    • Difficulty concentrating on tasks
    • Mood changes, including depression or anxiety
    • Slurred speech

    Unfortunately, signs of this injury may or may not be apparent right away, and can worsen over time. Basilar skull fractures also have a long-term impact on a person’s day-to-day life. In addition to potentially fatal meningitis, ocular nerve entrapment can permanently affect vision. Cranial nerve damage from basilar skull fractures frequently causes hearing loss, difficulty swallowing, and facial nerve palsy. 

    Recoverable Damages in a Skull Fracture Case

    When filing a personal injury lawsuit in Virginia, it’s important to know what damages you may be able to recover in a settlement. The skilled team at The Mottley Law Firm has helped countless clients seek fair compensation for their injuries due to someone else’s negligence. 

    Common damages you may be eligible to recover in a TBI case may include:

    • Cost of current medical treatments
    • Expected expenses related to future medical care
    • Occupational therapy, rehabilitation services, and psychiatric therapy
    • Current lost wages
    • Loss of future earning capacity
    • Emotional pain and suffering
    • Loss of consortium
    • Punitive damages for severe negligence

    By working with your Richmond brain injury lawyer, you can arrive at a reasonable estimate for lifelong expenses and losses. A basilar skull fracture accident can cause permanent disabilities in victims, so it’s not enough to account for current expenses—a fair settlement also includes anticipated future losses.

    Get Help From Experienced Richmond Brain Injury Lawyers

    If you’ve suffered a basilar skull fracture in an accident, it’s vital to speak with our firm. We’ll be with you every step of the way, helping to protect your legal rights, build a strong case, and deliver the justice you deserve. Having an experienced brain injury lawyer on your side is invaluable in these proceedings. 

    Dealing With Insurance Companies

    The average person, with limited knowledge of TBI legal terms, stands little chance against big insurance companies. The reality is that insurers are in the business of turning a profit. This means minimizing how much they have to pay out for claims—or denying your claim altogether. A savvy lawyer defends your right to proper compensation. 

    Navigating Complex TBI Accident Cases

    Basilar skull fracture accidents can be complicated. It may not be immediately obvious who’s at fault. A knowledgeable legal team guides you through this complex legal process, as we’re familiar with the courts and how these types of cases work. In navigating the process, we’ll collect evidence to support your claim. This may include getting police reports, medical records, and other documentation. 

    Securing Maximum Compensation

    Your traumatic brain injury can come at a heavy cost. The parties who caused the accident should compensate you for these losses. It’s important to have a TBI accident attorney who negotiates skillfully to justify the maximum settlement being asked. 

    In one case, our firm helped represent a client in a TBI case. She was rear-ended at a stop light by a drunk driver in Newport News, Virginia. After five days of trial, the parties later agreed to an $8 million settlement

  • I'm still getting headaches months after my accident. Should I tell my brain injury lawyer?

    How a Skilled Brain Injury Lawyer Can Help You

    Your attorney isn’t just there to represent you legally—they can also play a vital role in your recovery and well-being. At The Mottley Law Firm, we approach solutions to your situation in various ways. 

    Medical Advocacy

    Your legal team should advocate for your medical rights and help you receive appropriate medical care and attention for ongoing symptoms, including headaches after a car accident. They can work with your medical team to guarantee treatment is comprehensive and that no aspect of your health is overlooked.

    Rehabilitation and Support Services

    Brain injury lawyers often have extensive networks and resources in the medical and rehabilitation fields. So we’ll access our vast network to connect you with specialized care, rehabilitation programs, and support services to aid your recovery.

    Understanding Your Legal Rights

    If your headaches directly result from the accident, they could be considered part of your claim for damages. At The Mottley Law Firm, we detail your legal rights and ensure that you receive fair compensation for medical expenses, pain and suffering, lost income, and other economic and non-economic damages related to your ongoing symptoms.

    Stress Reduction

    Managing legal matters while dealing with ongoing medical issues is overwhelming. Your lawyer alleviates some of this stress by handling these aspects, allowing you to focus on health and recovery.

    Emotional Support

    Brain injury lawyers often work closely with individuals who have experienced traumatic events, and they understand the emotional toll it can take. At The Mottley Law Firm, we can provide valuable emotional support and guidance throughout your recovery process

  • How does a brain injury lawyer get paid?

    Questions to Ask Your Brain Injury Lawyer

    Before agreeing to any payment arrangement, you have every right to have a clear understanding of the details. Here are some questions we encourage you to ask when scheduling an appointment:

    • Do you offer a free initial consultation?
    • What up-front fees will I be responsible for paying?
    • Do you work on a contingency fee basis?
    • What percentage of my settlement will you expect?
    • Do you think I have a valid brain injury claim?
    • How much do you think my brain injury claim is worth?
    • What amount of time do I have to file a claim for my Virginia brain injury case?

    These inquiries can help you make an educated choice when selecting a brain injury lawyer and determining whether the payment arrangement they offer is the right fit for you.

  • What can a Chester, Virginia, traumatic brain injury lawyer do for me after an accident?

    Maximize Your Recovery With the Help of a Virginia TBI Attorney

    A person or entity behaved negligently, and as a result, you suffered a life-altering health issue. The liable party should be held accountable for their actions, and you deserve proper compensation to enable your recovery. This remains true whether you suffered an injury in a truck crash, car wreck, slip and fall, sports mishap, or any other type of accident. 

    An experienced Virginia TBI lawyer can help you navigate the complexities in various ways including, but not limited to:  

    • Gathering and analyzing important evidence. There are critical details needed to either pursue a personal injury lawsuit or negotiate with insurance for a fair settlement. An experienced lawyer makes certain you have the right types of expert witnesses, employer or property owner records, medical documentation, and so on to improve your chances of a successful outcome.  
    • Identifying the party liable for your TBI injury. Discovering whose act of negligence caused the accident is one part of this process. It’s also essential to find the best possible source of compensation. Damages in TBI cases are often high, so your legal team will assess all options for securing the full amount you deserve.
    • Taking care of insurance issues. Many traumatic brain injury victims suffer compromises to their cognitive and physical abilities as they recover.  If this is what you’re experiencing, you shouldn’t have to also deal with an insurance adjuster whose objective is to reduce or deny your claim. Avoid that problem and let your lawyer handle the negotiations, which protects you from dubious insurance practices such as trying to get you to admit fault in a recorded statement.
    • Valuing your traumatic brain injury damages. Assessing your individual damages and estimating what you’re owed is one of the key reasons to retain an attorney after an accident. Your legal team will fight to make sure you receive compensation for notable expenses such as medical costs, ongoing treatment, emotional suffering, lost earning potential, and more. 

  • Can I get disability benefits if I have a traumatic brain injury?

    Traumatic Brain Injury Costs May Exceed Disability Coverage Alone

    The unfortunate truth is that the fixed income provided by disability may not even be enough to cover all your needs after a traumatic brain injury. 

    This is often a major concern if you require at-home accommodation, round-the-clock care, or expensive occupational or physical therapy. Because of the serious nature of a brain injury, it’s also possible you could need additional medical care in the future, such as follow-up surgery.

    People living with brain injuries also frequently encounter challenges when attempting to resume employment, for instance, resulting in a significant loss of income. 

    If your bills are piling up after a negligent driver or property owner caused your TBI, you shouldn’t be left on the hook for all the costs. An attorney should be a part of the recovery process to help you pursue the fair compensation you deserve.

    The good news is that a skilled Virginia traumatic brain injury attorney can: 

    • Determine who’s liable for your damages, such as a driver, business or homeowner, employer, trucking company, and other entities.
    • Gather the evidence necessary to pursue damages through a personal injury lawsuit, such as medical records, video footage, witness statements, and so on.
    • Negotiate with insurance and help you avoid common tactics used by insurers to reduce your settlement.
    • Place a specific value on your traumatic brain injury accident damages covering elements like lost income, medical costs, and pain and suffering.
    • Take the pressure off by handling the legal side of your recovery within the tight deadlines set by state and federal law.

  • How do you prove that a traumatic brain injury occurred?

    Evidence of the Severity of Your TBI

    Proof helps demonstrate who’s liable for your injuries, and also details how the injury has interfered with your ability to live and work. Evidence critical to your TBI injury case includes, but isn’t limited to:

    • A Glasgow Coma Scale assessment by a medical professional indicating if your brain injury was mild, moderate, or severe
    • Medical imaging showing the physical effects on your brain, such as a computerized tomography, intracranial pressure, or magnetic resonance imaging scan.
    • Other medical records, like your doctor’s notes.

    If your TBI is severe and has a major effect on your daily life, your compensation will likely be higher. It’s important to keep track of your symptoms and how they impact you. Specific symptoms vary depending on how your brain injury occurred, but may include:

    • Anxiety
    • Cognitive impairment
    • Depression
    • Dizziness and problems with coordination
    • Emotional and behavioral changes
    • Fatigue
    • Headaches
    • Language difficulties
    • Losing consciousness
    • Memory loss
    • Numbness in areas of the body and overall reduced physical strength
    • Physical problems like seizures or inability to move specific body parts
    • Post-traumatic stress disorder from the accident itself
    • Vision impairment
    • Vomiting and nausea 

    Treatment for these medical issues after a TBI is often extremely expensive. This is a problem if you can’t go back to work and earn a living after the injury. That's just one reason to talk to an attorney as soon as you can after suffering any kind of head wound. 

     

  • Do I really need a lawyer after suffering a traumatic brain injury?

    How a Lawyer Helps You Recover Financially After a Traumatic Brain Injury

    Your attorney doesn’t investigate the accident just to determine who is liable for your injury, but also to find out how much they may owe you in compensation. This process is known as valuing your damages, and it’s about more than just arriving at a dollar figure.

    Once the extent of your damages is known, your attorney’s job is to make certain the insurance provider or jury is aware of all your actual costs as you reach maximum medical recovery. The full and fair compensation you deserve may not be included in the initial settlement offer from an insurance company.

    Your complete list of damages can potentially include factors like:

    • Loss of future earning capacity if the effects of the TBI stop you from working or force you to work a job with reduced income
    • Loss of income after the accident, whether hourly wages, salaried pay, etc.
    • Lost benefits while recovering
    • Medical bills such as hospital expenses, price of medications, surgical costs, and so on
    • Non-economic damages that aren’t as simple to put a price tag on, like emotional suffering or physical pain
    • Out-of-pocket expenses while getting treatment for your traumatic brain injury
    • Property damage if you were in a vehicle collision
    • Subsequent healthcare costs you are expected to need in the future, such as additional surgeries or physical therapy sessions
    • Wrongful death if someone in your family passes away due to the brain injury

     

  • Should I tell my brain injury lawyer about my sleep problems?

    How Sleep Disorders Interact With Traumatic Brain Injuries

    Lack of proper sleep often has negative consequences apart from the other symptoms of your brain injury. Sleep disorders sadly come with an increased risk for heart problems, memory issues, and weight gain. Of course, if you can’t sleep, eventually, you won’t be able to work either.

    It only takes a short period of insomnia before it is no longer safe for you to operate equipment or even drive yourself to appointments. Considering the other extreme ways a traumatic brain injury can interfere with your daily life, any of these sleep problems can quickly compound into an unsustainable situation.

    Seeking medical help and ensuring all your symptoms are properly documented by your doctor should be a priority after any accident with a brain injury. It’s crucial to start a paper trail on your medical issues, including any TBI related sleep problems, to use in court and when negotiating with the insurance company.

    Treatments for disorders that start after an accident may involve sleep studies, medications, behavioral and diet changes, and therapies like using a continuous positive airway pressure (CPAP) machine at night. Your brain injury attorney can help ensure all your sleep issues are considered in any possible settlement, in addition to other effects from the injury. Personal injury compensation after a serious accident resulting in sleep disruptions may cover damages like:

    • Bills for medical costs such as hospital stays, surgeries, sleep studies, etc.
    • Out-of-pocket costs while traveling to seek treatment.
    • Pain, suffering, and other emotional and cognitive impacts stemming from the brain injury.
    • Property damage if your TBI occurred in a vehicle wreck.
    • Wages you lost while recovering, and in some cases lost earning capacity if your brain injury symptoms prevent you from working anymore.

     

  • I don't remember the accident that caused my brain injury. Can I still file a brain injury lawsuit?

    How Memory Loss Affects a Traumatic Brain Injury Case

    When memories don't ever return, you could find yourself unable to recall what you were doing before the injury, exactly how you were hurt, and so on. Obviously, you won't be able to describe what occurred to law enforcement arriving at the scene, or to a jury down the line when filing a personal injury lawsuit.

    While that does present challenges to recovering damages if your injury was caused by negligence, you aren't completely out of options. That's why it is absolutely critical to contact an attorney sooner than later. When you can't remember the event, an attorney can investigate the accident to determine who is liable for your damages and prepare a legal case on your behalf.

    An attorney's job is to nail down the circumstances of exactly what occurred to explain to a jury or insurance adjuster, utilizing methods such as:

    • Accident reconstruction
    • Expert testimony
    • Medical records covering your injury
    • Police report from the accident
    • Video and photographic evidence
    • Witness testimony from bystanders who saw the accident occur

    When you can't remember the events, it is doubly important to document every aspect of your injury and establish a strong paper trail to back up your claim. With that evidence you have a better chance of recovering compensation for lost income, medical bills, and potential future costs like physical or occupational therapy.

    Traumatic brain injury victims often have to deal with massive changes to their lives, and the inability to recall the accident may only be the start of memory issues. Additional short-term memory loss after the accident can significantly interfere with your recovery. Cognitive and memory problems caused by a TBI may make it difficult to maintain a job, or cause problems with meeting legal deadlines and keeping up with your doctor's orders.

    To handle these difficulties, you should hire an attorney and build a reliable support system of friends and family to assist in maintaining paperwork, ensuring you make your medical appointments, and so on.

     

  • Should I talk to a lawyer if I suffer an open head injury in an accident?

    Why You Need to Speak With a TBI Attorney After an Open Head Injury

    Simply attending doctor appointments and trying to return to work is often more than an open head wound victim can handle. You will likely require help developing a support system from friends and loved ones to acclimate to a new normal after an open head injury.

    Unfortunately, those aren’t the only difficulties you can expect after the accident. Victims often aren’t prepared for the devastating cost of medical bills when dealing with any kind of skull fracture or traumatic brain injury. Multiple surgeries over an extended period of time are a strong possibility, as well as the need for long-term therapy to deal with the physical, behavioral, and cognitive changes that can result from an open head injury.

    Your number one concern should be your physical and emotional health, which is why you should allow an attorney to handle the financial side of your recovery. A lawyer helps by protecting your legal rights and investigating the accident to find out if your injury was caused by negligence.

    After the negligent party is identified, an attorney assists in getting you back on your feet by negotiating with the insurance company and potentially filing a lawsuit against the at-fault driver, negligent property owner, store manager, etc. With an attorney’s help, you can seek compensation covering:

    • Bills for the extensive medical care needed after an open head injury
    • Future costs if you require additional therapies or surgeries down the line
    • Funeral expenses if a loved one died because of the accident
    • Non-economic damages covering the pain, suffering, and reduced quality of life caused by an open head injury
    • Wages for the time you can’t work, as well as lost earning potential in the future
     

  • What should I do if the insurance company denies my claim after I suffer a brain injury?

    In addition to those common problems, other issues may arise from mistakes you didn’t know to avoid. For instance, you may see a denial because you:

    Didn’t seek medical attention quickly enough

    Many car accident victims don’t fully grasp the extent of their injuries after the crash due to an adrenaline surge, which is why it’s important to see a doctor as soon as possible after any head wound.

    Released your full medical records or provided a recorded statement to the insurance company

    An adjuster can use medical records and comments you make to claim your injury actually stems from some past event, or deny claims on the basis that specific doctor appointments were unnecessary. 

    Used social media improperly after the accident

    An insurer can take social media photos out of context to argue you aren’t as hurt as you claimed.

    After going over the reasons for the denial, an attorney can additionally gather evidence of your claim’s validity and take over communication with the insurer. Simply retaining an attorney lets the adjuster know you intend to continue pursuing the matter, which can be a massive help towards getting approved. 

    Besides negotiating with insurance, your attorney can pursue other sources of compensation if necessary. In some cases, an insurance settlement won’t be the best route to go if you are struggling financially. You may instead need to file a personal injury lawsuit against the negligent party who caused your TBI.