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.
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Do I have to pay anything to find out if I have a brain injury case?
Financial Repercussions of Failing to Contact an Attorney Quickly
Deciding to hire a Richmond brain injury attorney is more than just a matter of upfront costs or contingency fees. Virginia has a statute of limitations on personal injury cases, which means you are limited in the timeframe to pursue compensation for your medical bills and pain and suffering. If you wait too long to act, your ability to hold the negligent party responsible for your injury can be lost.
Besides filing paperwork within deadlines ahead of the statute of limitations, an attorney’s help is crucial in avoiding common mistakes. Unfortunately, it is all too easy for TBI victims to fall prey to insurance tactics that can prevent them from fully recovering financially. An attorney can assist by handling communications with insurers to make sure they only receive the medical information they need.
A skilled lawyer can also help by finding the best source of recovering damages, which may not always be the person or company you expect. Depending on how your injury occurred and who is ultimately responsible, there could potentially be additional sources of compensation to consider.
Besides their role in thoroughly investigating the accident and dealing with insurance, you want an attorney who is capable of effectively telling your story in court. The Mottley Law Firm has a long history of successfully standing up for victims after catastrophic accidents. We take a limited number of cases each year so we can focus on each individual client’s needs and provide the specialized help necessary for your unique situation.
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Should I release my medical records to the insurance company after a brain injury?
Let Your Personal Injury Attorney Deal With the Insurance Company
The bottom line is that you should not provide a recorded statement or sign a broad release of your full medical records directly after the accident. If asked, politely decline and let the adjuster know you are consulting with your legal counsel before making any decisions.
Instead of immediately signing anything, allow your attorney to provide the details that are needed and craft a more limited release that only includes the records pertinent to the claim. If an emergency room visit for an unrelated issue years ago has no bearing on your brain injury, the insurance company simply doesn’t need to see those records. Additionally, your attorney will investigate the accident to make sure you have all the evidence you need to prove negligence and show the at-fault party is responsible for your brain injury.
Your best bet is to let a legal professional handle medical records issues for you to avoid costly mistakes. Your attorney will also negotiate with insurance so the company takes into account your full costs, like:
- Wages lost while recovering in the hospital as well as future losses if you can’t go back to work
- The intense pain and suffering often resulting from a traumatic brain injury
- Medical bills, including a hospital stay after the original accident, any medications or therapies you require, and any future surgeries or treatments that may be necessary
Finally, it’s important to understand that a traumatic brain injury attorney isn’t just there to talk to the insurance company, but also to potentially file a lawsuit to ensure the statute of limitations doesn’t expire while negotiations are ongoing.
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What should I do if my child suffers a brain injury in a swimming pool accident?
After seeking medical attention for your child, your next step should be to go over your legal options with a traumatic brain injury attorney who has extensive knowledge of Virginia laws and statutes. You may need to seek a settlement through the property owner’s insurance or pursue a personal injury lawsuit.
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How do I know if my brain injury settlement is actually fair?
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.
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What exactly is a temporal lobe injury and how will it affect me?
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 traumatic brain injury. 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
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How is my lost income calculated after a brain injury?
It's fairly simple for your TBI 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.
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If I’ve had mild traumatic brain injuries in the past, can I still recover damages for a new injury?
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 experienced TBI 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.
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How can I support a loved one who recently suffered a brain injury?
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.
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What do I need to know about filing a lawsuit for a mild traumatic brain injury (TBI)?
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 accident, a slip and fall, or other incidents.
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How can I support my loved one after a traumatic brain injury?
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 experienced brain injury 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.
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What evidence do I need for my brain injury case?
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.
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What factors determine the value of my brain injury case?
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.
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