Richmond Traumatic Brain Injury Attorney
Richmond, Virginia, Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) is “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” Traumatic brain injuries in Virginia account for one-third of all injury-related deaths and 15 percent of hospitalizations. According to a study by the Virginia Department of Health, between 2010 and 2014, the leading cause of fatal TBI was firearms, while non-fatal TBI was most often caused by unintentional falls.
An individual who has sustained a TBI may face personal losses that are overwhelming. If you or a loved one has had a TBI, contact the attorneys at The Law Offices of Emroch & Kilduff at (804) 358-1568 or online to discuss your case and learn if you may be eligible for compensation.
Our Results in Traumatic Brain Injury Cases
The Law Offices of Emroch & Kilduff has experience litigating and settling personal injury and TBI cases. Our representation of a construction worker who fell through a roof at a job site, suffering a TBI that caused permanent disability, resulted in an award of $2.25 million in damages. While every case is unique, and prior outcomes are not a guarantee of results for future claims, our firm works tirelessly on behalf of our clients.
The Wide Range of Traumatic Brain Injuries Symptoms
Traumatic brain injuries have an array of potential short-term and long-term effects, in four major categories: thinking, sensation, language, and emotion.
An injured person may:
- Suffer diminished cognitive abilities in areas such as memory and reasoning;
- Experience changes in sight, balance, and feeling
- Struggle with communication, expression, and understanding
- Have personality changes, act out, become more aggressive, and/or have anxiety and depression
Traumatic brain injuries have also been linked to long-term conditions, including epilepsy, and an increased risk of Alzheimer’s disease, Parkinson’s disease, and other brain disorders.
When Someone Else Is at Fault
Almost 90 percent of TBI-related hospitalizations between 2010 and 2014 were attributed to unintentional causes, including a range of situations where someone else may have caused the injury, such as:
- Distracted drivers or drivers under the influence of controlled substances
- Defective products
- Sports accidents
- Slips and falls
Regardless of whether a TBI was intentionally or unintentionally caused, identifiable parties may bear liability for the injury and damages.
What Can I Recover for a Traumatic Brain Injury?
Damages depend on the severity of the injury and the resulting real and projected losses. These may include:
- Medical costs including ambulance, hospital stays, doctor visits, surgery, radiology, and prescription medication
- Lost wages
- Loss of future wages, or lost earning capacity
- Physical therapy and rehabilitative services
- Assistive technology and devices including software and hardware used to help with sensory issues, wheelchairs, hospital beds, and walkers
- Long-term care for permanent disability
- Pain and suffering
How Parties Fight Your Claims
Parties with liability for a TBI will often go the distance to avoid paying full damages. Insurance companies commonly deny claims the first time, and argue injuries are not as severe as claimed. Insurance carriers and their representatives will vigorously investigate the injured individual in an attempt to prove pre-existing injuries.
Virginia’s stringent contributory negligence rule gives defendants an incentive to shift the blame to the victim. If the defense can prove that a victim was partially at fault for his or her own injury, the victim cannot recover damages from other parties at fault.
Some defense tactics used to shift the blame include:
- The manufacturer or retailer of a defective product may argue that the injured individual modified the product, or didn’t use the product for its intended purpose;
- In the case of a motor vehicle, bicycle, or pedestrian accident, the defendant may argue the injured individual didn’t follow traffic laws;
- In the case of slip-and-fall, the property owner might claim the injured individual was trespassing, or that the hazardous area was clearly marked; and
- In sports accidents, teams, universities, schools, and athletic departments may argue the injured individual consented to the risk of injury by signing a waiver.
At Emroch and Kilduff, we know how to fight against these tactics. Call us, and let us evaluate your claim!
If You or a Loved One Suffered a TBI, Contact Emroch & Kilduff
Most law firms offer free consultations to discuss potential cases. The individual consultation allows a lawyer to evaluate the specific situation, and advise on next steps. If you have a consultation and the lawyer agrees to pursue your claim, you may not have to pay attorney fees and litigation costs up front. Personal injury cases are typically handled on a contingent fee basis, meaning the lawyer will deduct their fees and expenses from any eventual settlement or judgment.
If you or someone you care about has suffered a TBI because of someone else’s negligence, contact a personal injury lawyer who has experience with TBI cases. Virginia has a two year statute-of-limitations to take action in a personal injury case, so don’t wait until it’s too late. Contact the attorneys at The Law Offices of Emroch and Kilduff online, or call our Richmond office at (804) 358-1568 for a free consultation.