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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  • What is the Glasgow Coma Scale?

    What Significance Does the Glasgow Coma Scale Scores Have in a Brain Injury?

    In our experience, survivors of mild traumatic brain injury, or concussion, will typically have a Glasgow Coma Scale (GCS) reading of 15 in their medical records from the date of the accident.  The reason for that is pretty simple.  A concussion, or mild traumatic brain injury ("mTBI"), is characterized by just a brief, or momentary loss of consciousness, alteration of  mental state, or feeling of being "dazed."  If the patient lost consciousness for some period of time, it is unusual for there to be a third-party witness available who saw the person in an unconscious state who can testify to that fact. 

    By the time a medical professional, such as an EMT, gets to the scene of an accident and administers the GCS test, the person is awake, alert, and is often oriented to time, place, and person.  They can walk, respond to commands, and their eyes are open.  This is not at all unusual, even in patients who suffered a concussion in an accident.  And in those situations, the GCS score will always be 15. 

    Does that mean the person did not have a concussion?  No, it does not.  It just means that, at the time the GCS test was administered, the person had a score of 15.  That is all.  Later on, when the person goes to the emergency room at the hospital, it is not uncommon for another GCS reading to be taken.  And, once again, it is to be expected that the score will be 15 in a mild traumatic brain injury patient.  And that is what it invariably is.  Importantly, the Glasgow Coma Scale is useless in ruling out the presence of a mild traumatic injury in a patient.

    Traumatic Brain Injury Attorney Can Help You Today

    Although the GCS is not useful in cases involving mild traumatic brain injury, defendants always point to the GCS reading of 15 as evidence of there having been no brain injury.  For that reason, a lawyer who represents traumatic brain injury survivors must be prepared to offer testimony from their own medical experts who can explain that the GCS does not rule out the presence of a mild traumatic brain injury, and to help the jury understand what the GCS is, and is not.

  • What are the signs and symptoms of a concussion?

    Vital to Understand Symptoms of Brain Injuries Might Not Appear Immediately 

    It is important to understand that some of these symptoms may not appear right away.  In fact, some of them may not be noticed for weeks or even months after an injury when the person resumes his or her daily life activities (work, school, etc.).  Because of this time delay, the victim of a concussion may not admit they’re having problems and may not understand why they’re having difficulties.  This, of course, leads to more anxiety.  Also, family, friends, and coworkers may not notice the problems and symptoms, as the person appears “normal.”

  • Why won’t the insurance company settle my mild TBI case?

    For example, it is not uncommon for the victim of a mild traumatic brain injury to require very expensive rehabilitative services and counseling into the future. These services help the victim live as productive of a life as he or she can. The cost of this future rehabilitative work adds up, and can be very expensive. When the insurance company is not willing to pay for that type of expense, it is often necessary for the plaintiff to go to court and ask a jury to award that money.

  • How is a mild traumatic brain injury diagnosed?

    Physical, occupational, and speech therapists may also play a role in the evaluation of a patient’s brain function deficits. In addition to scans of the brain, various screening tools measure a person’s speech, movement, memory, and thought. A cognitive evaluation by a neuropsychologist who has experience and training in formal neuropsychological testing is often used to diagnose a traumatic brain injury.

  • How can I work with the Insurance Co. to be sure I don’t end up paying for someone else’s mistakes?

    Here are a few tips to help you get the maximum amount of compensation available to you after an accident.

    Avoid discussing your injuries with the insurance adjuster

    The insurance adjuster may try to get you to say that all of your injuries from the accident were diagnosed and treatment was determined. This can cost you. If you are later diagnosed with a brain injury as a result of an accident, you may not be compensated for the treatment.

    Do not accept a final settlement

    Accepting a final settlement offer means that you can no longer receive any other compensation for your injuries. Once your claim is closed, you cannot reopen the claim to get the money owed to you—not even if you are later diagnosed with another injury that resulted from the accident.

    Hire an accident attorney to represent you

    Hiring an experienced Virginia personal injury attorney to represent you to the insurance company helps ensure that you receive maximum compensation for your injuries. You can get the guidance you need throughout the resolution of your claim so that you can be confident that everything is handled in the best way possible.