Fairfax, VA Traumatic Brain Injury Lawyer

Fairfax, VA Traumatic Brain Injury Attorney

A traumatic brain injury (TBI) can have a devastating and life-altering impact on individuals and their families. TBIs tend to have significant financial costs, which can further upset a family’s life. When a TBI happens because of an accident or injury caused by another party’s negligence, the injured party can file a claim. A Fairfax traumatic brain injury lawyer is a beneficial ally during this process, ensuring that injured individuals get the compensation they deserve.

Many types of accidents could result in a TBI, especially motor vehicle collisions, contact sports, recreational accidents, and slip-and-falls. By navigating a claim with the help of a Fairfax personal injury lawyer, injured parties are more likely to recover the most compensation possible in their claim, providing themselves with necessary financial support now and into the future.

Finding a Compassionate Fairfax Attorney

Suffering a TBI can have serious repercussions for the rest of a person’s life. If you or a loved one has sustained a TBI in an accident caused by another person, you deserve compensation to recover the financial and personal losses from this injury. At Whitlock Law, LLC, we have worked in personal injury law for years, so we know the immense emotional and physical consequences of TBIs. We can provide you and your family with compassionate legal support.

TBI claims are complex and require an experienced legal advocate to obtain the true extent of your damages. The team at Whitlock Law, LLC, wants to help you hold the at-fault party responsible for their actions.

Understanding Traumatic Brain Injuries

A TBI can occur when someone experiences a blow to the head, an impact that jolts the head or body, or a penetrating injury to the brain. Although TBIs are commonly associated with clear head trauma, a sudden movement can cause the brain to hit the inside of the skull, causing a TBI that way.

This injury affects the typical functions of the person’s brain, sometimes permanently. TBIs are especially dangerous because they may not show symptoms immediately after an accident. Even mild TBIs can cause catastrophic injuries and even death. Each TBI is unique and can result in symptoms of varying severity. Symptoms can worsen over time, so early diagnosis and treatment are crucial. Some of the symptoms of TBIs include:

• Dizziness and lightheadedness
• Persistent headache
• Confusion
• Issues with coordination
• Memory loss
• Blurry vision and other vision problems
• Light sensitivity
• Slurred speech
• Depression
• Nausea
• Personality changes
• Seizures
• Full or partial paralysis

After an accident that may have caused an injury to the head and brain in Fairfax, VA, it’s important to keep an eye on these symptoms and seek out medical help. Even medical examinations could potentially miss the signs of a TBI.

What Causes TBIs in Virginia?

Several types of personal injury cases can result in catastrophic injuries, like TBIs. Some of the most common include:

• Slip-and-Fall Accidents: Falls are one of the most common causes of TBIs. Slip-and-falls are a form of premises liability claim caused by slippery floors, poor lighting, broken stairs, and other hazards. These falls, especially for elderly victims or from significant heights, are more likely to result in TBIs.
• Motor Vehicle Accidents: Car accidents frequently cause TBIs, which can range from minor to life-threatening. Accidents that occur at high speeds or involve multiple vehicles are more likely to result in catastrophic injuries, like TBIs. Accidents involving commercial trucks, motorcycles, bicycles, or pedestrians are also significant causes of TBIs.
• Sports and Recreational Accidents: Contact sports and other recreational activities that use significant force can result in TBIs.
• Workplace Accidents: Dangerous worksites can result in injuries that include head trauma. Construction sites, in particular, have many dangerous aspects, such as falling objects, unsecured scaffolding, unstable structures, heavy equipment, and employees working at significant heights. These injuries are much more likely to affect employees, but they can also harm bystanders.
• Medical Malpractice: Negligent medical providers can cause TBIs in surgery or childbirth. Medical malpractice claims are especially complex, but these providers can be held liable for failing to uphold a professional standard of care.
• Intentional Violence: Criminal acts, like assault, battery, or robberies, can result in injuries to victims, including head trauma and TBIs. The individual who caused the injury can face both criminal charges and a civil personal injury claim.

There are many other ways that someone could suffer a TBI, and that injury could be the fault of another party for failing to act with reasonable care. Even mild TBIs can require costly medical care and impact a person’s daily life. An attorney can help you determine the party responsible for your injuries.

Compensation Available for Traumatic Brain Injuries

If the other party is proven to be at fault for your injuries, then you have the right to recover any losses you suffered that are recognized by the court. These include both economic and noneconomic damages. Economic damages recover a financial loss, such as:

• Past medical bills, including the cost of surgeries, hospitalization, transportation to the hospital, prescription medications, and medical devices
• Expected medical bills, including those for rehabilitative care, long-term medical needs, modifications to your home, expected medical complications, and at-home care
• Lost income if recovery from a TBI prevented you from working for a period of time
• Lost earning capacity if a TBI has left you permanently disabled, unable to engage in work, or unable to work full-time
• Property damage, such as the costs to repair or replace a vehicle after a car accident

Noneconomic damages are losses that do not have a financial value, but they are still recognized damages. These are harder to calculate if you are not experienced with these cases. Such damages may include:

• Physical pain and suffering
• Emotional trauma and distress
• Loss of enjoyment of life
• Loss of consortium or companionship
• Disability

The value of your damages will rely largely on the severity of your economic and noneconomic damages. A milder TBI may have lower medical costs and affect your daily life less, resulting in a lower settlement. More serious TBIs can have significant economic and noneconomic costs, and many injured parties will underestimate the value of their claims. An attorney can prevent you from accepting a low settlement that will not cover your total damages.

Some cases may also result in punitive damages. These damages are awarded by the court if the at-fault party acted with malice, misconduct, or egregious negligence. These damages do not compensate you for a loss but punish the at-fault party for their actions. Punitive damages are not common, but they can significantly increase the value of a settlement if they are awarded. An attorney can determine if you qualify for these damages.

FAQs for Traumatic Brain Injury Attorneys

Q: What Is the Average Settlement for a Traumatic Brain Injury Case?

A: The average settlement for a traumatic brain injury (TBI) case doesn’t help an individual determine the likely outcome of their own claim, as every case is unique. The settlement you will receive for a TBI will largely depend on the significance of the damages you suffered, including medical costs. The medical treatment for TBIs is typically very costly, so this can result in a higher settlement. Minor TBIs will have lower settlements. The skill of your attorney and the amount of evidence supporting your case will also affect the settlement amount.

Q: What Is the Life Expectancy of a Person With a TBI?

A: The life expectancy of a person with a TBI (traumatic brain injury) is lowered by an average of nine years when compared to others of the same age, race, and sex. Individuals with TBIs have an increased risk of injury and death from both internal and external causes. If the cause of a TBI was another party’s negligence, then the injured party can file a personal injury claim. If they do not survive the TBI, their family members can recover benefits in a wrongful death claim.

Q: Is a TBI a Permanent Disability?

A: A TBI can be a permanent disability, but it isn’t always. Mild TBIs can result in short-term memory, speech, and cognitive issues without significant long-term effects on a person’s day-to-day life once they have recovered. However, more severe TBIs can permanently affect a person’s movement, speech, and ability to care for themselves. Severe TBIs can even be fatal. Whether a TBI is considered a permanent disability will depend on your specific situation.

Q: How Long Does It Take to Settle a Brain Injury Case?

A: How long it takes to settle a brain injury case will be very different from case to case. One of the biggest factors in the timeframe of a case is the amount of evidence supporting your claim. When there is significant and clear evidence that another party is at fault and that you bear no fault in the injury, the claim will likely be settled more quickly. Working with an attorney can also resolve a claim more efficiently, in part because an attorney can investigate the case to obtain supporting evidence.

Work With an Experienced Catastrophic Injury Lawyer in Fairfax

Catastrophic injuries, like traumatic brain injuries, result in complicated claims. At Whitlock Law, LLC, our attorneys have decades of collective experience in catastrophic and complicated personal injury claims. Contact our firm today to see how we can support you and your family during this difficult time.