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Virginia Brain Injury Lawyer

Brain injuries can be especially sudden and devastating.  They affect all ages and can also be caused by any number of incidents or accidents. Sometimes the long-term effects from brain injuries can be especially hard to determine and you may not be able to tell that there has been permanent damage until weeks, months, or years later. Due to the complexity of these cases, you will need an aggressive personal injury attorney fighting for your rights, or for the benefit of your loved one. Let our firm worry about the legal aspect of your brain injury so that you can focus on what matters most, your health and family.

In 2010, there were over 2.5 million traumatic brain injuries throughout the Unites States, according to the Centers for Disease Control and Prevention (CDC).  In a four-year period in Virginia, there were 10,000 traumatic brain injuries reported, almost 80 percent of those occurred in people under 40 years old, according to the CDC.

Types of Brain Injury

There are many different types of brain injuries, most commonly referred to as traumatic brain injuries (TBIs), with some having much more noticeable symptoms than others. The Mayo Clinic defines TBIs as an injury that occurs when any external mechanical force causes severe brain dysfunction, such as a violent blow to the head or an object penetrating the skull. Brain injuries and brain damage can also be caused by medical malpractice, most commonly during the birth of a child but also as a result of patient not receiving property care during a procedure or some other medical error.

Mild brain injuries, such as concussions, may not be that noticeable yet they can result in long-term effects if not treated properly. Other brain injuries could include closed head injuries, such as those involving something striking the head or the brain being slammed around inside the skull due to a serious impact while playing sports, or from whiplash in a car crash. There can also be much more obvious open head wounds and penetrating injuries, such as gunshot wounds. Brain injuries can involve slight and brief disorientation, or result in coma. In the worst cases, brain injuries can result in death.

Causes of Brain Injury

There are also a number of different causes of brain injury, though some are much more common than others.  Some of the most common types of brain injury are:

  •  Injuries related to sports, such as football or boxing;
  • Car accident injuries, including pedestrian/car injuries;
  • Injuries from slips and falls;
  • Injuries related to medical malpractice or negligence;
  • Injuries related to violence, such as gunshot wounds or being struck by a blunt object.

Seeking compensation after such incidents will depend on a variety of factors, but a skilled personal injury attorney who is familiar with the scope of brain injuries and related damages will be able to handle a variety of claims. That means he will be as comfortable with a head injury that takes place at a high school football game as he is with victims who were struck by a car in a parking lot, or who fell on poorly maintained property.

Special Considerations for Brain Injury Cases

Brain injury cases can be quite different from many other kinds of personal injury cases in that the time it takes to discover that there was long-term damage may be longer and, in some cases, the damages may be more severe and longer-lasting.  In some cases, such as in sports-related injuries, a series of concussions over many months or years may have a cumulative effect of causing permanent damage that isn’t discovered until much later in life.  Brain injuries also can result in serious disabilities, meaning that there could be a need for long-term or permanent care, either in the home or in a specialized treatment facility.  With so many variables in play, you will require the services of a well-qualified personal injury lawyer who has dealt with brain injury cases in Virginia. He will be best-suited to identify all your potential needs.

Damages in Brain Injury Cases

There are general damages that apply to most personal injury cases, including those stemming from brain injuries, and but there also some damages that may be quite specific to an individual case. Examples include:

  •  Lost wages, medical bills (past and future), and property damage are common damages sought in personal injury cases;
  • Pain and suffering and loss of companionship/consortium are also common claims, though the amount you collect depends on a number of factors, including the severity of the injury;
  • Punitive damages, which are damages awarded as a punitive measure or punishment for the at-fault party’s negligence, are typically awarded only in cases that involve intentional injury or infliction of harm.

No matter the type of damages you are seeking, the amount you are likely to receive is impossible to guarantee. What a dedicated Virginia brain injury attorney can do is go over every aspect of your potential claim with you, and provide you with a frank assessment of whether you are likely to have a successful claim. If you decide to pursue legal action, a skilled personal injury attorney will work aggressively to secure you a settlement taking into account all of your needs. If a settlement can’t be achieved, he will be equally qualified to fight for your rights in front of a judge or jury. Our frim is eager to help you protect your interests, and your loved ones, as well as hold the at-fault party responsible for their reckless, careless or negligent actions. Call Price Benowitz today to schedule a no-cost, initial consultation.