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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How do I know if my brain injury settlement is actually fair?
Traumatic brain injury (TBI) victims often have to deal with extensive medical bills while recovering. You deserve to recover damages after suffering a TBI, but the amount offered by an insurance company may not reflect your actual costs. That’s why it’s important to have a skilled personal injury attorney who is on your side and wants to help your financial recovery.
Key Factors in the Value of Your Brain Injury Settlement
In many cases, the first settlement offer won’t actually be the full amount you deserve. Unfortunately, insurance carriers typically want to pay you as little as possible. To get a reasonable settlement, you need an attorney to handle the negotiations and accurately value the damages you can recover, which could include:
- Previous medical costs covering your hospitalization and treatments after the injury
- Additional medical costs you are likely to incur in the future, such as surgeries or long-term therapies and rehabilitation
- Out-of-pocket costs while seeking treatment for your injury
- Lost wages if you couldn’t go back to work, as well as a loss of earning potential if you were passed over for a promotion or need to find a different line of work after the accident
- Non-economic damages that have an impact on your daily life, such as pain and suffering, PTSD, permanent disfigurement, cognitive impairment caused by the brain injury, and so on
After reaching a number, your attorney can help you decide if the settlement offer is fair by comparing it to the potential value of litigation against the at-fault party while keeping in mind the potential risks and mitigating factors that may interfere with a court case.
Talk to an Attorney Before Accepting Any Settlement
Wondering what to do next and not sure how to proceed with insurance or a lawsuit? Always consult a traumatic brain injury attorney before accepting anything from the insurance carrier. Set up a free consultation so we can learn about your injury and find out if The Mottley Law Firm is the right fit for your case.
What exactly is a temporal lobe injury and how will it affect me?
One of four main regions of the brain, the temporal lobe is critical to both emotional response and understanding visual cues. Sitting behind the temples and crossing both the left and right sides of the brain, the temporal lobe is susceptible to damage from car accidents, slip and fall injuries, or intentional acts of violence.
How a Temporal Lobe Injury Can Impact Your Life
Because it is separated across both hemispheres of the brain, any traumatic brain injury (TBI) involving the temporal lobe can affect numerous cognitive and physical functions. A temporal lobe injury may impact:
- Automatic physical responses like feeling pain or experiencing hunger
- Basic language function such as the ability to understand what words mean
- Emotional regulation
- Retaining existing memories
- Sensory input like recognizing visual objects and interpreting sounds
Obviously, symptoms from temporal lobe injuries may have drastic repercussions on your normal daily life and your ability to work. Accident victims with this type of injury can experience severe anxiety or anger that makes it difficult to maintain personal relationships. Cognitive issues, like remembering specific faces or clearly communicating ideas while speaking, as well as the potential for severe physical symptoms like seizures, may interfere with everyday tasks.
Recovering Damages After a Temporal Lobe TBI
An attorney with a deep knowledge of Virginia personal injury law is a critical component to your recovery after any TBI. A Richmond brain injury lawyer can help by investigating the accident and gathering evidence proving a negligent party caused your injury. Through a settlement or court case, you may be able to recover damages for:
- Basic medical costs like an emergency room visit or hospital stay
- Future medical expenses for severe TBIs that require long-term therapy or surgeries
- Loss of hourly, salaried, or self-employment wages while recovering
- Losing future earning potential if the temporal lobe injury interferes with your ability to continue working
- Pain and suffering or loss of quality of life
Have you or someone you loved suffered a temporal lobe injury in an accident? Call or message The Mottley Law Firm today and tell us about your case.
How is my lost income calculated after a brain injury?
Negligent behavior can change your life forever if you suffer a traumatic brain injury (TBI) from a slip and fall or car accident. Getting back on your feet after such an accident means taking into account both physical and economic recovery. While medical costs are an important factor to keep in mind, your income itself is just as important. Your regularly monthly bills will still keep arriving even if you can’t earn a wage while recovering,
How Lost Income Is Calculated in a TBI Case
An insurance settlement or court judgment after a TBI can cover lost wages if you have to work part-time or can’t return to work in any capacity after the accident. In some instances, this amount may be a simple calculation of the number of hours missed multiplied by your hourly wage. Other cases may become more complex, however, such as if you end up having to take a lower-paying job or get passed over for a promotion.
Here’s what is specifically included in lost wage calculations:
- Self-employment income if you work from home or run your own business
- Full hourly or salaried wage if you can’t work at all
- The difference between your previous wage and current wage if you have to work fewer hours or take a pay cut at a new job
- Lost benefits, like sick and vacation days
- Missed bonuses or other perks you would have received
- Additional economic damages from lost future employment opportunities
It's fairly simple for your attorney to use pay stubs and employment records to calculate lost wages for days spent in the hospital recovering. Because traumatic brain injuries often have long-term repercussions, however, your legal team may need to go a step further to arrive at a full accounting of your future wages. Physicians, economic experts, and other witnesses might be utilized to show the full extent of your economic losses.
If You Suffered a TBI, You Need an Experienced Attorney
We want the opportunity to fight for your full recovery, and that includes lost income while you deal with the physical and emotional changes caused by a traumatic brain injury. Call or message us today to let us know the basic details of your case.
If I’ve had mild traumatic brain injuries in the past, can I still recover damages for a new injury?
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 can I support a loved one who recently suffered a brain injury?
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)?
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
- Memory loss
- 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 support my loved one after a traumatic brain injury?
Whether caused by a vehicle crash, a work accident, or a slip and fall, traumatic brain injuries (TBI) frequently result in lifelong changes that require significant adjustments to everyday activities. While the victim of a TBI directly deals with their injury, it is also necessary for you personally to make changes and help your loved one cope with these new challenges.
How to Help a Traumatic Brain Injury Victim
Medical professionals and therapists can offer a brain injury victim rehabilitation and coping techniques, but they will still likely experience significant difficulties with previously routine actions. You as a spouse, child, sibling, or friend can help your loved one in these simple ways:
- Assist with appointments and recordkeeping. Cognitive problems after a TBI are common. Your friend or family member may need gentle reminders for when to pay bills and show up for doctor visits. Providing transportation if they can’t drive or have difficulty following a bus schedule is also frequently necessary. You may additionally need to maintain medical records to provide details to caregivers and healthcare professionals.
- Be patient. It is extremely easy to become frustrated with a TBI victim’s behavior and take emotional outbursts personally. Your loved one may not know what they need or have problems expressing their needs, and they may find it difficult to do things they used to love, like reading a novel or watching a movie with loud sounds.
- Help reduce stress and distractions. Difficulties associated with brain injuries are made worse by distractions and stressful situations, so other people may need to frequently take care of basic chores like cleaning and cooking.
- Make sure they have a personal injury lawyer. Getting justice for your loved one’s injury by holding the negligent party responsible is just the beginning. Medical costs associated with a TBI can be astronomical, and your loved one might not be able to work. Work with an attorney to prove negligence caused the injury so your family member can receive the full compensation they are owed.
- Maintain a schedule. Avoiding confusion that leads to extreme frustration is critical. Besides making a regular schedule, be ready to break bigger tasks into smaller, more manageable actions and allow plenty of time for breaks.
Taking the Next Steps to Help Your Loved One After a TBI
Are you ready to help your loved one with the challenges of living with a traumatic brain injury? Get in touch with The Mottley Law Firm so we can discuss the brain injury case and connect you with support groups for more help.
What evidence do I need for my brain injury case?
To recover damages after suffering a traumatic brain injury (TBI), the burden falls on you and your lawyer to show that your injury was caused by negligence. If you’re considering a lawsuit, you may question if you have the evidence necessary to prove your case and receive a settlement or get a successful outcome in court. Let’s take a look at what evidence you can already access, and what details a skilled attorney can help you gather.
Evidence of the Accident and TBI
First and foremost is proving that the accident occurred and that it was responsible for your TBI. Whether you were in a vehicle crash, injured due to a work mishap, or suffered a slip and fall, these are the most common forms of evidence to look for:
- Photographs of the scene where the injury occurred
- Police reports
- Video evidence if the accident was filmed
Directly showing the extent of your brain injury is also crucial to a successful case. Brain injuries often aren’t physically obvious, which is why you need to see a doctor after any blow to the head. In particular, these are the types of medical documentation that best help in a TBI case:
- Diagnosis from an emergency room doctor or neurologist
- Medical documentation of the injury such as an MRI or CT scan
- Cognitive evaluation from a neuropsychologist
Evidence of Future Expenses Due to a Traumatic Brain Injury
Expenses for a TBI don’t stop just at the initial emergency room visit or hospital stay, however. You may require ongoing and expensive medical treatment, from additional surgeries to long-term therapy and even assisted living costs.
Additionally, severe TBI patients often lose the ability to earn income as they can’t work due to cognitive and language difficulties caused by brain injury. You may be able to recover damages for continuing expenses and loss of wages. That's why you need to keep track of:
- Pay stubs, bank statements, and tax returns
- Treatment notes from any physical, occupational, or speech therapy
- Expert witness testimony
That last type of evidence is typically handled by your attorney, who may consult with economic, medical, or vocational experts to provide context to your situation. You need a personal injury lawyer who understands how TBI cases work and knows the ins and outs of both state and federal law to put this evidence together into a compelling argument.
Get Help for Your Virginia Traumatic Brain Injury Case Today
Whether you or a loved one are experiencing hardship after an accident led to a brain injury, contact us for a consultation. We’ve got a strong track record of positive outcomes for patients who have suffered a TBI and we can help you gather the evidence you need.
What factors determine the value of my brain injury case?
From hospital stays to loss of employment, unexpected financial stress is common after a traumatic brain injury (TBI), which is why you want the assistance of a personal injury attorney in seeking compensation. Whether the at-fault party agrees to a settlement or the case is successfully litigated in court, the specific monetary value of a TBI case can vary dramatically depending on several important factors.
Calculating Brain Injury Damages
The main component to keep in mind is the severity of the brain injury and the impact it has on your daily life. For instance, mild TBI cases with a short period of unconsciousness followed by lingering headaches typically result in less compensation than a more severe injury with lifelong repercussions.
The value of a brain injury case goes up when significant vision, language, or cognitive difficulties occur that interfere with your ability to hold down a job or perform everyday tasks. In most instances, these are the main factors that will be taken into account when determining the value of your Virginia traumatic brain injury case:
- Medical treatment costs from the initial accident
- Long-term care costs
- Pain and suffering beyond the original injury if you experience a loss of quality of life
- Lost wages and earning potential if you are unable to work after your accident
To accurately establish the value of your case and recover the full amount you are owed, it is critical to see a doctor immediately after the accident to establish a paper trail. You will need documentation to prove the accident caused your brain injury as well as to show the extent of the injury’s impact on your life.
With that information in hand, TBI cases still require dealing with insurance adjusters who have a vested interest in reducing or denying your claim, as well as at-fault parties who often don’t want to admit their responsibility. For the best shot at a successful recovery, you need a local attorney with a track record of positive outcomes for traumatic brain injury victims.
Get the Financial Compensation You Deserve for Your Traumatic Brain Injury
You have a legal right to seek damages after suffering an injury caused by negligence, but you need a skilled personal injury attorney to assess the details of your specific injury first. Come in for a consultation and we can help determine the possible value of your case while holding the at-fault party responsible for your pain and suffering.
What is a cerebral laceration?
Despite its importance to the human body, your brain is a fragile organ. Any number of common injuries may lead to a cerebral laceration. These lacerations might result in mild to severe cognitive impairment causing monetary setbacks that go far beyond medical bills, as you may no longer be able to work after a head injury. It’s important to know the signs and symptoms of lacerations so you can seek proper treatment and find an attorney to help you recover monetary damages.
How Cerebral Lacerations Occur
A laceration is an actual tearing of brain tissue, rather than a simple contusion or bruise. Any of these accidents can lead to cerebral lacerations:
- Slip and fall
- Vehicle crash
- Workplace accident caused by your employer’s negligence
- Direct violence
The cut itself occurs when a sharp blow to the head causes the skull to fracture and pierce the brain, or when the brain strikes a ridge on the skull. Lacerations can still occur without any actual penetration or fracturing of the skull, however. Tearing may take place if the brain quickly and violently twists and moves inside the head during an accident.
While the laceration itself is dangerous and may create life-long medical issues, it can also lead to devastating secondary effects. In particular, the laceration may cause swelling in the brain due to bleeding.
What to Do After a Cerebral Laceration
Cerebral tears can occur even if you don’t lose consciousness or suffer any immediate cognitive difficulties after the accident. Because of the potential for serious health problems, it is important to see a doctor after any head injury to determine if a laceration has occurred. Cerebral laceration treatment may require an extended hospital stay so you can be monitored for swelling, ensure your brain is receiving enough oxygen, and manage pain.
A doctor visit also establishes a paper trail on your injury so an insurance carrier or at-fault party can’t claim the damage to your brain occurred in a previous incident. If someone else caused your cerebral tear, you should contact an experienced attorney focused on traumatic brain injury cases to determine who is legally at fault for your injury and seek compensation.
Did You Suffer a Traumatic Brain Injury in an Accident?
It is your legal right to pursue a personal injury claim against the person or business responsible for your cerebral laceration. Schedule a consultation to discuss your case and find out if we can help you seek justice after a traumatic brain injury.