This type of closed head injury occurs when a victim’s brain slams against one or more sides of the skull, typically during a vehicle collision or other accident involving a violent jerking of the neck and head.
A type of mild brain injury, concussions usually have temporary effects like nausea, loss of consciousness, slurred speech, or impaired vision. In some cases, symptoms may not appear for days or weeks after the accident, however.
In a TBI case, damages are money recovered for economic and non-economic impacts to your life, like medical bills, loss of wages or earning potential, and emotional trauma such as anxiety or PTSD.
Diffuse axonal injury
Also known as “shearing,” this type of injury occurs over a larger section of brain tissue rather than a single impact site, which can result in a wide variety of symptoms.
When someone fails to uphold the basic duty of care that any reasonable person should have used in the situation, they have behaved with negligence. Negligent behavior in TBI cases could be anything from distracted driving to failing to clean a spill in a grocery store. If that negligence caused your traumatic brain injury, then you have a legal right to recover damages.
Penetrating head injury
The opposite of a closed head injury, this type of injury occurs when an object fractures the skull and actually penetrates brain tissue.
Preponderance of evidence
While a criminal case requires that a person’s guilt be established “beyond a reasonable doubt,” a civil trial like a TBI case only requires a claim to be more likely true than not. This is known as a “preponderance” of evidence.
Statute of limitations
Virginia law limits the amount of time you have to file a lawsuit against a negligent party. In most accident cases, the statute of limitations is two years from the date of your injury.