Elkins Traumatic Brain Injury Lawyer

A traumatic brain injury (TBI) may not be immediately apparent, but it could have debilitating effects that last many years. If you have suffered an accident that has caused brain trauma, you may struggle for the rest of your life with everyday tasks, and your injuries may take a severe toll on your physical, mental, and emotional wellbeing. Moreover, dealing with these injuries is very costly, and the financial hardship you will likely suffer will only compound your pain as the years pass by.

Under West Virginia law, victims of traumatic brain injuries and other catastrophic injuries may seek compensation that will provide financial security as they seek to move forward with their lives. However, filing these lawsuits can be a complicated process, so an Elkins traumatic brain injury lawyer could be essential at each stage. You could have an experienced catastrophic injury attorney on your side, fighting for your rights against the people responsible for your injuries.

Common Causes of Brain Injuries

Traumatic injuries to the brain can occur anywhere and in nearly any situation. Many times, they are a result of an accident, but other times they are a result of someone’s intentional actions. Common causes of brain injuries include:

  • Car, motorcycle, or heavy machinery collisions
  • Sports-related incidents
  • Pedestrian and slip and fall accidents
  • Workplace accidents
  • Recreational accidents, such as cycling or skiing
  • Violent trauma wounds

Brain injuries can also come in different types and severities, including a skull fracture, contrecoup, focal and diffuse brain injuries, shaken baby syndrome, anoxic and hypoxic brain injuries. Certain groups of people are especially vulnerable to traumatic brain injuries, including children, teenagers and young adults, and seniors age 60 or older.

The Harsh Realities of Traumatic Brain Injuries

Traumatic brain injuries generally occur as a result of a sudden and violent impact or jolt to the body, particularly the head. Some brain injuries may only affect the brain cells for a short period. More severe types of injuries can result in serious physical damage to the brain, such as torn tissue, bruising, or bleeding in the skull. Typical symptoms of a TBI can include:

  • Weakness in the fingers or toes
  • Reduced memory
  • Inability to concentrate and mood changes
  • Inability to sleep or sleeping too much
  • Increased sensitivity to sound or light
  • Loss of balance and persistent dizziness
  • Hearing loss or tinnitus
  • Severe headaches and migraines
  • Blurred vision or blindness
  • Vomiting or nausea

Costs Associated with Brain Injuries

A person in Elkins who has suffered a TBI will have significant expenses for the foreseeable future, including medical bills, rehabilitation, counseling expenses, loss of wages, and loss of earning potential from cognitive problems and decreased ability to concentrate.

How an Elkins Traumatic Brain Injury Lawyer Can Help

A personal injury claim in West Virginia is governed by Article 7 of Chapter 55 of the West Virginia Code. Claims are generally based on negligence, and the plaintiff must show that the responsible party breached the duty of care it owed to the victim. They must also show that the breach caused their injuries.

Comparative Negligence

West Virginia observes the comparative negligence rule, whereby the victim cannot seek compensation for any amount they were liable in the accident. Furthermore, the statute of limitations on personal injury claims in the state is only two years.

The process is complex, and a local, qualified TBI representative who knows how to navigate it can be vital. They can help the plaintiff understand the facts of the case, determine which parties should be held responsible, prepare court documents, and lead settlement negotiations to ensure the individual gets the compensation they deserve.

Consult with an Elkins Traumatic Brain Injury Attorney Today

If you have suffered a TBI as a result of someone’s negligence or intentional actions, you could be entitled to substantial compensation for your losses. Consult with an Elkins traumatic brain injury lawyer today to understand your case and your rights.