Morgantown Traumatic Brain Injury Lawyer

A traumatic brain injury (TBI) can cause permanent debilitation and require expensive ongoing treatment. Fortunately, the legal system provides catastrophic injury victims with a way to hold the at-fault parties accountable and seek compensation. If you suffered a TBI due to another’s actions or negligence, a Morgantown traumatic brain injury lawyer may be able to help.

Classifications of Brain Injury

There are two main forms of brain injuries: traumatic and non-traumatic. Non-traumatic or acquired brain injuries (ABIs) can occur due to a disease or bodily condition, such as a stroke. In contrast, traumatic brain injuries frequently happen due to a traumatic fall, blow, or object that directly impacts the head directly. Such injuries can be severe, even if the individual does not experience pain immediately.

Another form of traumatic brain injury is known as second impact syndrome, when the individual sustains a second TBI before the first has healed. This condition is dangerous and can cause additional damage and swelling.


Concussions are among the most common type of minor traumatic brain injury and happen when an external force, such as a strong blow or fall to the floor, causes the individual’s skull and brain to make contact. Someone could also get a concussion when their head is jolted back and forth or hit by a force. Some of the most frequent causes include contact sports and whiplash.

If left untreated, concussions can have grave implications. Multiple concussions over a period of time can sometimes lead to permanent brain damage and disease. Whether the effects are immediate or not, these injuries could still cause extremely serious consequences if left alone. Individuals who suffer concussions require medical treatment, and concussions could take anywhere from months to years to heal completely.

Diffuse Axonal Injuries

This type of injury occurs when a person’s head is strongly shaken or rotated. Brain structures could tear, leading to serious functional impairments.


A contusion occurs when the brain bruises and bleeds. The individual could have headaches, feel foggy or dizzy, experience ringing in their ears, and lose consciousness.

Coup-Contrecoup Injury

If someone’s head sustains considerable force, this could cause contusions not only at the site of the impact but also on the other side of the brain.

Closed Head Injury

Closed head injuries occur when a blow does not penetrate the skull but still causes a TBI. Brain swelling could occur, causing further harm.

Penetrating/Open Head Injury

This type of injury happens if a sharp object penetrates the brain, potentially causing further damage due to bone fragments.

Common Causes and Symptoms

Traumatic brain injuries are usually more common after specific types and accidents, including the following:

Symptoms such as nausea, chronic migraines, sensory problems, loss of balance, difficulty concentrating, mood swings, and weakness in the extremities could all indicate the presence of a traumatic brain injury. A traumatic brain injury lawyer in Morgantown could investigate the plaintiff’s case to find out what happened and determine how the other party acted negligently.

Recovering Compensation in a Morgantown TBI Case

A Morgantown TBI attorney with the experience and resources needed to fight for just compensation could pursue numerous types of compensation for damages, including:

  • Ongoing therapy
  • Ongoing rehabilitation
  • Initial medical treatments
  • Lost income and earning capacity
  • Emotional trauma
  • Loss of standard of living

West Virginia Code §55-7-13A is the state’s comparative fault statute, which could impact how much the plaintiff can recover in a traumatic brain injury lawsuit. Under this law, if someone is partly responsible for their own injuries, their recoverable compensation would be reduced in proportion to their percentage of fault. However, if the plaintiff is equally at fault or more, they cannot recover damages in a personal injury lawsuit.

Schedule a Case Review with a Morgantown Traumatic Brain Injury Attorney

With the help of an accomplished Morgantown traumatic brain injury lawyer, you could begin the pursuit of fair compensation with confidence that your legal rights and best interests are being upheld. Get in touch with the office today to schedule a case review.