Traumatic Brain Injury (TBI) occurs when an external force traumatically injures the brain. Each year millions of Americans suffer brain injuries. More than half are bad enough that the victim must go to the hospital and seek medical treatment. Serious conditions can result in coma, and the worst injuries may lead to permanent brain damage or death.
The most common causes of TBI in the U.S. include auto accidents, falls, construction incidents, and sports injuries. After falls, the second most common cause of all traumatic brain injuries are motor vehicle accidents. A large number of TBI cases are a result of athletics and recreational activities. The severity of a TBI may range from mild to severe, and has different health impacts based on where the brain damage is located. Regardless, many victims endure lifelong challenges and impairment.
- Transportation accidents, falls and athletic contact are the main causes of traumatic brain injury.
- About one third of all injury related deaths in the U.S. has TBI as a contributing factor.
- Approximately 75% of TBIs that occur each year are serious concussions.
- TBI is a public health problem and affects mostly young children, teens, young adults as well as the elderly, 65 and over.
Traumatic brain injuries can cause a wide range of affects on cognitive abilities, sensations, emotional states and linguistics. They are devastating, and life changing for the victim and their entire family. An experienced personal injury attorney can represent both the injured and their loved ones.
Injuries caused by the negligence, disregard, carelessness or irresponsibility of another person should be overseen by an experienced personal injury attorney. He or she can carefully investigate and follow claims for injuries endured as a result of TBI, and work to reward victims with the compensation they deserve.
Why Choose Emroch & Kilduff's TBI Lawyers?
Our firm has recovered millions of dollars in compensation across many different types of accidents, including accidents involving traumatic brain injury. While we can’t guarantee results in any particular case, some of our previous client successes include:
- A plaintiff won $3.85 million after suffering a mild traumatic brain injury that caused intermittent headaches a few times per month.
- A plaintiff won $2.25 million after falling through a roof opening that was unsupported and covered with a fiberglass panel that was painted the same color as the roof. The plaintiff fell 14 feet to a concrete floor, landing on his head.
- A plaintiff won $1.75 million after being rear-ended by the defendant driving at a high rate of speed in a car accident. The plaintiff was slowing for backed-up traffic. In addition to a traumatic brain injury, the plaintiff also suffered from a spinal fracture and several internal injuries.
- A plaintiff won $600,000 because of a mild traumatic brain injury and post-traumatic stress disorder after a crash on a Virginia highway.
- A plaintiff won $4.8 million after a defendant hit him in a pickup truck accident while the plaintiff was working on a sidewalk. The plaintiff suffered several injuries, including mild to moderate traumatic brain injury, loss of vision in the left eye, and partial loss of vision in the right eye.
Damages and Fault
A young woman suffered a traumatic brain injury in a collision at an intersection in Virginia Beach, caused a T-bone accident. In addition to 23 surgeries, she spent months in rehab. The intersection in question also did not have a light. The injured woman’s mother is presently trying to get a traffic light installed in the hopes that it prevents others from suffering the tragedy her daughter suffered.
When a defendant injures you, whether intentionally or through negligence, you may be entitled to recover damages—compensation for your losses. The person or company that directly caused the accident is often not the only person or company at fault. In cases such as the one mentioned above, fault could apply to numerous people and entities, including:
- The driver;
- The owner of the vehicle if other than the driver;
- The lessee for the vehicle if a company leases the vehicle;
- The employer of the driver;
- The vehicle manufacturer;
- A part manufacturer;
- The government
Damages you might recover include economic damages, non-economic damages, and punitive damages. Economic damages are expenses with a direct cost attached, including past and future medical expenses, past and future lost wages, repair or replacement of personal property, and funeral and burial expenses. Economic damages, sometimes referred to as special damages, are intended to make you whole again.
Non-economic damages are also intended to make you whole again, though no amount of money erases your injuries or brings back a loved one. However, the money significantly reduces financial stress. Non-economic damages, or general damages, are for those items that do not have a direct cost, including disfigurement, pain and suffering, loss of consortium, loss of companionship, inconvenience, and the loss of use of a body part or function.
The court does not order the defendant to pay punitive damages to make you whole, but instead to punish the defendant’s grossly negligent behavior. Virginia statutes deem driving under the influence, if the defendant’s blood-alcohol level is over 0.15, as behavior that warrants punitive damages. Additionally, if the defendant refuses to take a blood alcohol test, the court might order punitive damages. If the defendant caused injuries, including traumatic brain injuries, or the death of a loved one because of driving under the influence, the statutes do not limit the amount of punitive damages a court may order.
Working With Insurance Companies
Many people try to settle with insurance companies on their own. However, insurance companies are in business to make money. Your claim decreases the insurance companies’ bottom lines, which is an incentive for them to offer you the least amount possible—or to try their best to deny your claim.
A traumatic brain injury attorney in Virginia helps to make sure your rights are not violated and helps to procure enough damages to cover everything you need, including future lost wages, future medical expenses, and cognitive, physical and psychological therapy, if needed.
Because insurance companies know that most plaintiffs who hire attorneys will take their cases to court to get a fair and reasonable settlement, the insurance companies are more likely to offer a fair and reasonable settlement early so as not to further decrease their bottom line through protracted litigation. When you take your case to court, the insurance company not only has to pay a reasonable claim if you are entitled to it, but it must also pay its attorney for preparing the case and appearing in court.
Paying Medical Expenses
If you have medical expenses that are due, let us know. Sometimes, hospitals, doctors, therapists, and other medical professionals will work with you if you expect to collect a settlement from an insurance company, or if you expect to obtain an award at trial.
As soon as you sign the retainer agreement, let the billing offices of your doctors know that you are working with an attorney to get a settlement or an award at trial. Often, when doctors and other medical personnel know that you expect a settlement or a trial award, the person or entity will not report late payments to the credit bureaus.
Contact Emroch & Kilduff’s Attorneys Now
If you suffer from injuries due to the fault of another person or company, contact Emroch & Kilduff or call us at (804) 358-1568 for a free consultation. Our team of experienced injury attorneys can help you understand your options.
Do not hesitate to contact us, or visit one of our offices in Richmond or Tappahannock for a consultation with an experienced accident injury attorney.