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

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 accident, a slip and fall, or other incidents.

Related Links:

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.

We welcome clients throughout Virginia, including the communities of Bon Air, Glen Allen, Highland Springs, Laurel, Mechanicsville, Short Pump, and Tuckahoe.

We also have the ability to handle personal injury cases across the United States with appropriate local counsel admitted in the jurisdiction. Schedule your confidential consultation today.

A Unique Focus On Traumatic Brain Injuries

My focus on representing TBI survivors is also unique. Most personal injury lawyers cast a very large net. They pursue, and will gladly accept, any case (large or small) that falls under the general “personal injury” heading. You can spot these practices by looking at their websites and clicking on the “practice areas” drop-down list. What you will see are many practice areas, only one of which will be “traumatic brain injury.” Think of these firms as the Wal-Mart Supercenters of the personal injury lawyer world. Wal-Mart has at least one of everything. The same can be said of most personal injury firms. They handle everything.

Nothing is wrong with such retail personal injury practices. My point is not to criticize that “generalist” approach to personal injury law. My point is simply to illustrate that my practice is different, just like a small nursery selling 20 different types of specialty garden hoses is different than a Wal-Mart selling one type of garden hose. Just like the nursery, I focus on one type of personal injury case – the traumatic brain injury case – and one type of client – the traumatic brain injury survivor.

Free Downloadable Books & Reports

Brain Case: The Big 5 Questions To Answer Before FIling Your Brain Injury Case

Before calling a lawyer, request a free copy of Kevin Mottley's book "BRAIN CASE The BIG 5 Questions to Answer Before Filing your Brain Injury Case"

View Details