Marion County Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) can dramatically change your life and the lives of the loved ones who are caring for you. Moreover, recovery for a TBI is often long and expensive.
If you or a loved one has suffered head trauma in an accident, a Marion County traumatic brain injury lawyer could help you get the money you need for your continued care. With the help of a catastrophic injury attorney, you could also hold liable parties accountable for causing you harm.
What is TBI?
Traumatic brain injuries occur from a blow or an object that penetrates the head, such as a bullet. The trauma causes the brain to rattle around in the victim’s skull, interrupting brain function. Mild cases of TBI may leave the victim with no more than a headache. Still, in severe cases, victims may lose their memory, the ability to function, and even some personality traits.
Even if they remain conscious, anyone involved in a contact sport, or an automobile accident, a fall, or any other situation in which the head strikes another surface, can find themselves with a head injury. Government statistics report that about 1.7 million Americans suffer a TBI every year. A physician should immediately examine a person exhibiting any of the following signs after head trauma:
- Loss of balance and dizziness
- Feeling disoriented
- Slurred speech
- Diminished attention span
- Changes in regular behavior
- Severe headaches
- Paralysis or numbness in arms and legs
Once a doctor diagnoses a person with a traumatic brain injury after an accident, a legal advisor specializing in personal injuries could be contacted to discuss a settlement with the parties that caused the condition.
Statute of Limitations
West Virginia allows a plaintiff two years from the date of the accident to file a lawsuit for a personal injury. If a victim does not file a timely lawsuit, the victim will most likely not be able to recover for economic and non-economic damages. Filing a lawsuit as soon as possible after an injury occurs could be wise because a Marion County legal representative handling the claim will need time to investigate and build a strong case. Evidence is best right after an accident instead of years later.
Damages Available in a TBI Case
Both quantifiable economic damages and less tangible noneconomic damages could be recoverable in a traumatic brain injury case. Economic damages would include money for medical bills such as hospital, rehabilitation, and ongoing therapy, and lost wages. Non-economic damages are more subjective and could include physical and emotional pain and suffering, loss of consortium, and loss of future earning capacity.
Punitive damages are awarded to discourage similar negligent behavior in the future or in others. In limited circumstances, the state allows a victim to collect up to $500,000 in punitive damages as well if the perpetrator acted intentionally and outrageously to render harm.
West Virginia’s laws concerning negligence usually dictate the recovery in TBI accidents. Whether the injury was sustained on a high school football field or in a motor vehicle crash, people have some sort of duty to act responsibly toward others to prevent accidents. If someone acts irresponsibly, and those acts are the cause of an injury, the injured party could be entitled to compensation for those losses suffered. For example, if a pedestrian’s brain is injured in a crash by a drunk driver, a Marion County attorney can file suit for negligence.
Modified Comparative Negligence
Victims who contribute to their own injuries can still recover damages under the state’s modified comparative negligence law. The victim must be 50 percent or less at fault to recover any losses and the damages award could be reduced by the percentage the victim is found to be at fault by the court. A legal representative could help prove a plaintiff had as little of a part to play in the accident as possible to get them the money they need for their injury.
A Marion County Traumatic Brain Injury Attorney Can Help
Few experiences are as frightening or expensive as dealing with a brain injury caused by someone else’s negligence. While you focus on getting better, a Marion County traumatic brain injury lawyer can advocate for you by negotiating with insurance companies or filing a lawsuit if necessary. Call now to schedule a consultation.