A Traumatic Brain Injury (or TBI) is a serious type of injury suffered by millions of people every year. These injuries can be catastrophic and have the potential to permanently change the lives of a victim and their loved ones. This page will answer some questions that you may have if you or a loved one suffered a traumatic brain injury. 

We will discuss: 

1. Common causes of Traumatic Brain Injuries

2. Health effects of Traumatic Brain Injuries

3. What to do if you or someone close to you has suffered a Traumatic Brain Injury

What is a Traumatic Brain Injury? 

A traumatic brain injury results when somebody experiences a bump, blow, or jolt to the head that disrupts the way that their brain normally functions. 

Traumatic brain injuries most often come up in three types of accidents: 

1. Falls

2. Motor vehicle crashes

3. Sports injuries

A traumatic brain injury victim can suffer from health effects that last anywhere from just a few hours, to the rest of their life. 

How common are Traumatic Brain Injuries?

Extremely common. In fact, here are some numbers to illustrate that point: 

• In 2009, a staggering 3.5 million Traumatic Brain Injury victims were hospitalized, and survived. That same year, over 52,000 people died from Traumatic Brain Injury-related diagnoses.  

• In 2014, over 1.5 million people were disabled—and over 55,000 were killed—from accidents causing a traumatic brain injury  in the United States alone. 

In 2014, our federal lawmakers noticed that Traumatic Brain Injuries were becoming a serious problem. They asked the Centers for Disease Control to study the issue. The CDC found three main causes of Traumatic Brain Injuries: 

1. Falls (48% of Traumatic Brain Injury hospital visits)

2. Car accidents (20% of hospital visits)

3. Being struck by, or against an object (17% or hospital visits) 

How can a Traumatic Brain Injury affect my life? 

If you’ve ever taken a hit while playing sports, you already know what a mild concussion feels like. A concussion is a mild form of Traumatic Brain Injury. A concussion might make you feel confused and unable to remember details for anywhere between a few seconds, and a day. It might also cause you to black out for about thirty minutes, vomit, or have trouble sleeping or waking up. 

If a Traumatic Brain Injury  is considered ‘moderate’ or ‘severe’, it can cause a variety of serious, long-term physical and mental health effects. Victims might become unconscious, and experience memory loss for an hour or much longer. They might slur their speech, or lose their ability to think clearly, balance themselves, walk, or even swallow food and water. They might also experience seizures, convulsions, or drastic changes in mood. Changes in mood, ability to pay attention, and eating or nursing habits are especially common in young children. These conditions can sometimes be treated with intensive physical and cognitive therapy. However, they can unfortunately last for the rest of a person’s life. 

Because long-term disabilities are not readily visible to the public, like a broken leg, for example, the CDC refers to Traumatic Brain Injuries as an “invisible epidemic”. Although they are not always outwardly apparent, they frequently take a severe toll on social and family relationships, and might end a person’s career. 

How much can a Traumatic Brain Injury victim recover in damages? 

If you have suffered a traumatic brain injury caused by somebody’s negligence, you may choose to hire an attorney. If you do, it is important to choose a lawyer who specializes in personal injury cases, and who has a successful track record in traumatic brain injury cases. Hopefully, they will take the time to carefully review your case, and honestly assess your likelihood of success.  

Every Traumatic Brain Injury case is different, so it is difficult to predict how much any given case is worth. However, here is a brief list of some damages that your attorney may pursue to successfully represent you.

• Lost wages (past, present, and future)

• Cost of short-term and long-term caretakers

• Medical expenses from your immediate treatment

• Punitive damages, if you can prove that the defendant acted with malice, or willful and wanton disregard for the rights of others

• Damages in a wrongful death claim, if the victim has passed away, and left behind surviving family members.  

How do I choose an attorney to represent me? 

Success in a complex Traumatic Brain Injury case requires a great deal of knowledge, skill, and experience. That’s because Traumatic Brain Injury cases often require an attorney not only to prove liability, but also to calculate damages extending decades into the future. For example, calculating lost wages often involves the use of expert witnesses who can explain the difference between somebody’s projected earnings before and after the injury. Then, if the case goes to trial, the attorney has to translate this highly technical information into a format that a jury can easily understand. 

The same is true for calculating the cost of long-term caretakers, and medical costs. A Traumatic Brain Injury victim may need long-term care for the remainder of their life. A skillful attorney with experience litigating Traumatic Brain Injury cases will consult with long-term care experts to calculate these figures and persuade an opposing party to settle, or a jury to find in the victim’s favor. 

E. Wayne Powell is a personal injury attorney who has represented clients in over thirty Traumatic Brain Injury cases, returning multi-million dollar verdicts on behalf of his clients. He has helped people who suffer from catastrophic brain and spine injuries that left them paraplegic, quadriplegic, or otherwise severely disabled. He owes much of his success to his previous career as the litigation chair for a large health insurance company in Virginia. Since founding his law firm, he has used his intricate knowledge of the health insurance system to help injured clients. 

Click here to read 6 Reasons Why a Personal Injury Lawyer May Not Take Your Case in Virginia

If you are in Virginia and have experienced an injury, on the job or have any questions about a job related illness, don’t hesitate to call us.

We offer FREE consultations to learn more about your case, your needs and YOU.

CONTACT POWELL LAW GROUP

804.794.4030

Are you trying to decide if you have a viable personal injury case?

At Powell Law Group, we recommend reaching out to a Personal Injury Lawyer if you or someone you love may have been the victim of general negligence, an auto or truck accident, a premises liability or a defective product.

There are times when a lawyer may not be able to represent you for one of the below reasons, but that’s typically best decided by a lawyer. Below is a list of possible factors that may keep a Personal Injury Attorney from taking your case, if you’re curious in advance of talking to a lawyer.

Our biggest recommendation is don’t wait to get medical attention or speak with a lawyer. Check out our Frequently Asked Questions & Videos

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1. Lack Of Evidence

One of the biggest factors for a personal injury lawyer when deciding to take your case is evidence. Even if circumstances seem clear, if an attorney feels there is not enough evidence to prove fault, they will choose to pass on your case. Having photographs, video, or eye witnesses is typically required in order to prove liability in personal injury cases.

A case can not be won solely based on someone being injured. In some situations the victim may be responsible for his or her own injury. If there is no evidence to the contrary and a reasonable chance that the accident was due to the victim’s own actions or that the defendant may not have been able to anticipate a potential hazard, an award will not be granted to the injured party.

2. The Statute Of Limitations Has Passed

In Virginia, there is a set amount of time that a victim has to make a claim in a personal injury case. Virginia’s laws are fairly standard with a two-year limit on injuries to a person, and a five-year limit for some other types of claims such as injury to property or trespassing. If the statute of limitations has passed for your claim, a personal injury lawyer will not be able to help you pursue compensation.

3. Conflict Of Interest

Lawyers are held to a strict code of ethics, and personal injury lawyers are no different than those in other areas of specialty. If an attorney knows of or perceives a potential conflict of interest in working with you as a client they will decline your case. Some examples include having represented the defendant in the past or having knowledge of the case through a personal or professional connection. If an attorney has a personal objection, be it moral or intellectual, to an element of your case they may choose not to represent you.

 4. The Defendant Lacks Resources Or They Will Be Difficult To Collect On

In most cases concerning personal injury, insurance pays for any damages found to be the fault of an insured party. If a private party does not have coverage that applies, or the existing coverage is likely to be denied based on the circumstances of the suit, a personal injury lawyer may not take the case. Even if you deserve compensation, in some instances there is simply no money available to pay the victim of an accident. On a similar note, if the attorney believes that a sum may be awarded but that there will be difficulty collecting on the judgment it may prevent them from agreeing to represent the victim. For example, the defendant’s resources may be tied up in legally separate entities or corporations that would make collecting on an awarded sum difficult or impossible.

5. Your Case Will Be Hard To Win

Most personal injury attorneys work on a contingent basis, meaning they do not collect money up front from their client. Instead, they receive a portion of the awarded damages once the case is won. Therefore, if your case will be difficult to win for a variety of reasons an attorney may refuse to work with you. 

Even in circumstances where liability seems clear, other factors such as the amount of time or money it would take up front for the attorney’s office to try to case will factor into an attorney’s decision whether to represent the victim.  Similarly, if a victim delays or discontinues medical treatment for their injury, it may be difficult to prove in a court of law that they deserve compensation even if their injuries are authentic or significant.

6. Perceived Credibility

Finally, the perceived credibility of the person seeking representation may determine whether a personal injury attorney chooses to take a case.  Inconsistencies in testimony, failure to produce evidence, or general lack of honesty might prompt an attorney to choose not to work with the victim of an accident.

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If you are in Virginia and have experienced an injury, either on the job or just living your life, don’t hesitate to call us. We offer free consultations to learn more about your case, your needs and YOU.

CONTACT POWELL LAW GROUP

804.794.4030

“Damages” are what can be paid to a victim in a case, and include medical expenses, pain and suffering, wage loss, etc., as determined by Virginia Code § 8.01-52.

In a personal injury case, there are no caps on economic and non-economic damages. This means that the entire value of a case can be recovered without the judge having to order remittitur. In many states, even if a jury awards $2 million to a plaintiff, the judge must lower the award, which is called remittitur, so that the award is in compliance with that state’s statutory cap on damages. In Virginia, this is no worry. 

While economic and non-economic damages have no cap, punitive damages do. Punitive damages are issued to punish a defendant for outrageous conduct and to deter others from acting in a similar way. Virginia’s cap for punitive damages is $350,000.00. Virginia Code §8.01-38.1

Medical malpractice cases, in contrast to personal injury cases, do have a damages cap. The cap for medical malpractice cases where the act of malpractice occurred in 2020 is:

July 1, 2019, through June 30, 2020 $2.40 million

July 1, 2020, through June 30, 2021 $2.45 million

Medical Malpractice caps change yearly according to when the act of malpractice took place. These caps are determined by Virginia Code § 8.01-581.15. 

CONTACT US TODAY

Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

Call today to arrange your FREE initial consultation.

 804-794-4030 or contact us online