Traumatic brain injury often has lifelong implications for its victims. Not only do you face substantial trauma as a result of the accident itself, often with a long recovery time, but also some damage may never fully heal.
If you suffered a traumatic brain injury due to an accident, whether from a slip and fall, nursing home neglect, or car accident, Emroch & Kilduff can help you recover compensation for your injuries. Contact a Richmond Brain Injury Lawyer today at (804) 358-1568 to schedule your free consultation.
How Emroch & Kilduff Can Help
At Emroch & Kilduff, you will find a dedicated team of attorneys committed to aggressively pursuing a fair resolution to your personal injury claim. After a traumatic brain injury, you may find yourself struggling to convince the insurance company to provide you with compensation for the full cost of your injuries. At Emroch & Kilduff, we will fight on your behalf. Consider our past results:- $900,000 to a child struck in a crosswalk
- $300,000 to a motorcycle accident victim
Understanding Traumatic Brain Injury
Traumatic brain injury can cause substantial difficulty for its victims. At the scene of the accident, injured individuals may suffer confusion, disorientation, or loss of consciousness. Immediate symptoms may include:- Dizziness
- Nausea or vomiting
- Confusion
- Changes in sleeping habits
- Difficulty controlling emotions
- Sensitivity to light or sound
- Headache
- Depression or anxiety
- Speech difficulty
- Ongoing confusion
- Difficulty with mental processing
- Changes in mood or temperament
- Difficulty with emotional regulation
- Changes in sleep patterns, either sleeping too much or struggling to fall asleep at all
- Changed sensory perceptions; food may taste different, or you may not like the same things you did before the accident. You may struggle with increased sensitivity to lights or sounds.
- Difficulty producing or understanding spoken language
Seeking Compensation After Traumatic Brain Injury
After a traumatic brain injury, you deserve compensation for your injuries. Working with an attorney can help you more effectively answer common questions about your injuries, including:How Much Compensation Do I Deserve for My Injuries?
The compensation you receive from a traumatic brain injury will vary based on how you were injured, the extent of your injuries, and the extent of the insurance policy that covers the responsible party. Most traumatic brain injury victims, however, claim:
- Medical expenses. After a traumatic brain injury, you may need to spend time in the hospital recovering. You may need skilled nursing care even after you return home, especially if confusion remains an ongoing problem. You may also require therapy to help you learn how to function at a reduced capacity, especially if traumatic brain injury symptoms linger long-term or appear permanent.
- Lost wages. Many people cannot return to work immediately after a traumatic brain injury. You may suffer from decreased organizational capability or struggle to keep up with tasks that you could once handle easily. When you must take time off work to recover from your injuries, you can claim that lost time as part of the damages from your accident.
- Pain and suffering. Traumatic brain injury often causes substantial suffering for the victim and his or her loved ones. An injured individual’s personality may change, either temporarily or permanently. If you experience such an injury, you may experience a great deal of frustration due to your inability to complete normal tasks or care for yourself. A lack of emotional regulation may also contribute to ongoing challenges. You may miss out on activities that you once enjoyed or have to change your plans or your lifestyle to accommodate your injuries. You can include all of these factors under pain and suffering when you file your claim.
- Lost earning potential. When traumatic brain injury comes with permanent consequences, you may not have the capability to return to your previous employment. In this case, you can include lost earning potential as part of your claim.
Who Bears Responsibility for My Injuries?
Many different types of accidents can cause traumatic brain injury: sports injuries or premises liability injuries due to slips and falls, construction accidents, and auto accidents. To determine responsibility, you should ask the following questions:- What factors led to the accident?
- Did improper labeling or lack of signs contribute to your accident? For example, if a lack of wet floor signs led to a slip and fall, the facility may bear responsibility.
- Did you suffer an accident due to someone else’s neglect? If, for example, a distracted driver crashed into your vehicle, he or she may bear responsibility for your injuries.
- Did the responsible party owe you a duty of care? To file a personal injury claim after your traumatic brain injury, you must show that someone else should have taken steps to prevent the accident, but failed to do so.
How Much Will an Attorney Cost?
How much will a lawyer cost? Our attorneys take personal injury cases on a contingency fee basis, so we charge nothing except a percentage of what we help you recover—and if you don’t get paid, neither do we. In most cases, moreover, a lawyer can significantly limit frustration and increase the compensation you receive for your injuries. At Emroch & Kilduff, we start with a free consultation to help evaluate your claim and give you a better idea of your costs.Richmond Traumatic Brain Injury FAQ
Many incidents and accidents in Richmond can cause a traumatic brain injury (TBI), including car accidents, assaults, falls on hard surfaces or from high heights, and even contact sports. In the aftermath of a TBI, victims and their families have questions they need us to answer so they can understand their rights to compensation. Below we answer some common questions about brain injuries, and encourage you to consult with an experienced brain injury attorney to get more details.How do I know if I can sue for my TBI in Richmond, VA?
Talking to an experienced brain injury lawyer is the best way to find out if you have the right to take legal action seeking compensation for your TBI.
In general, however, you may have the right to sue anyone whose unreasonably dangerous decisions or actions caused your traumatic brain injury. For example, Richmond residents who suffer TBIs in car accidents may have the ability to sue the at-fault driver. Likewise, the property owner where a TBI victim slip and fall may owe damages for that injury.
Can I sue for a TBI I suffered at work?
Possibly. If you suffered a traumatic brain injury on the job in Richmond, then chances are you have the right to receive benefits under a workers’ compensation insurance policy paid for by your employer. Those benefits may include payment of your medical costs and to replace some of your lost income. A skilled Richmond traumatic brain injury lawyer can help you pursue your claim to ensure the workers’ comp insurance company pays you full benefits. You may also have the right to seek additional compensation for your TBI by filing a lawsuit if someone other than your employer or a co-worker caused the accident or incident that led to you getting hurt. Experienced traumatic brain injury lawyers can evaluate the facts and law to determine if you have this kind of third-party claim, in addition to your workers’ comp benefits.If I can sue, then what kind of compensation can I receive for my TBI in Richmond?
No lawyer can guarantee that a lawsuit will end in you receiving compensation. However, if you have a successful claim, then you may have the right to receive payment for:- Your TBI-related medical costs, such as for emergency care, hospital stays, medication, and physical, occupational, and behavioral therapy.
- Your other TBI-related expenses, which can range from the cost of hiring help around your home to modifying your vehicle to accommodate a TBI-related disability;
- Your lost wages due to missing work or the inability to return to work because of your TBI;
- Your pain, suffering, and diminished quality of life resulting from your TBI, which includes emotional distress, the strain on personal relationships, and the overall frustrations and challenges of living with a brain injury; and
- Sometimes, punitive damages punish the extreme or outrageous behavior that led to your TBI.
I suffered a concussion. Does that count as a traumatic brain injury?
Yes, it does. Many people do not realize it, but a concussion is defined as form of TBI, and like any TBI, you should take it very seriously. Your doctor might refer to your concussion as a “mild” TBI, but the effects it can have on your life are anything but mild. Some concussion victims live with debilitating symptoms for a year or more. Those symptoms can include persistent headaches, fatigue, brain fog, and light and sound sensitivity. Additionally, suffering one concussion puts you at an increased risk of suffering a second. Also, researchers have linked concussions to a heightened risk of developing chronic traumatic encephalopathy (CTE) later in life. In other words, just because your doctor tells you that your TBI was a “mild” one, that doesn’t mean you do not have a legal claim for damages. Chances are good that you do, and that an experienced Richmond brain injury attorney can help.Should I take the money an insurance company offered me for my TBI?
No! Do not take any money from anyone without first consulting with our experienced brain injury attorneys. Accepting money from someone whose dangerous decisions or actions led to you suffering a TBI, or from that person’s insurance company, could put your legal rights to compensation at risk. Direct settlement offers like the one you receive almost always fall short of the amount of money you actually have the right to receive. We know how tempting a quick, easy payment can seem, but trust us, if someone offers you that money, it’s only because they’re worried they are going to end up owing you a whole lot more once you get a skilled lawyer involved in your case. Say “no, thanks” and put your legal and financial rights in the hands of a skilled TBI lawyer instead.Can I afford a Richmond TBI lawyer at Emroch & Kilduff?
Yes, you can afford ours.
Do You Need a Personal Injury Attorney After a Traumatic Brain Injury in Richmond?
If you suffered a traumatic brain injury due to someone else’s negligence, a personal injury lawyer in Richmond can help you seek the compensation you deserve for your injuries. Contact Emroch & Kilduff online or by calling (804) 358-1568 to schedule your free consultation.Emroch & Kilduff 3600 W Broad St #700 Richmond, VA 23226 Phone: (804) 358-1568