When someone suffers from a brain injury, it can often lead to lifelong consequences. These individuals and their families must deal with physical, emotional, and financial strain that can be overwhelming. What makes matters even more heartbreaking is if another person was responsible for the injury.
If you or a loved one has suffered a brain injury due to an accident caused from someone else’s negligence, medical malpractice, physical attack, or other malicious action, you need skilled legal assistance. At DiPiero Simmons McGinley & Bastress, PLLC, our legal team is ready to assist. We are here to help you pursue the compensation you rightfully deserve.
To explore your options for seeking a remedy, make sure to contact our office to speak to a Charleston brain injury lawyer today.
What Is a Brain Injury?
A brain injury, also known as a traumatic brain injury (TBI), occurs when the body experiences a forceful impact. These injuries can be the result of a fall, a vehicle accident, or a violent attack.
According to the National Institutes of Health, traumatic brain injury is the leading cause of death and disability in the United States. Every year, about 1.5 million people suffer from these injuries. Unfortunately, 5 million Americans will live with lifelong disabilities related to a TBI.
Brain injuries do vary in intensity. For that reason, there are several types of these conditions.
Mild Traumatic Brain Injury
These injuries are also called concussions. In these cases, the brain experienced a brief disruption to normal activity after a blow to the head. While they are milder than other brain injuries, concussions still have major short- and long-term effects on the victim.
Typically, these injuries will have the following symptoms:
- Headache
- Nausea or vomiting
- Fatigue or drowsiness
- Difficulty with speech, such as slurring words
- Dizziness or loss of balance
- Blurred vision, ear ringing (tinnitus), or increased sensitivity to light or sound.
- Mood changes or memory problems
If you suspect a concussion, you need to get medical attention immediately. While many concussions resolve on their own with rest and time, you will want to rule out more severe brain injuries.
Moderate to Severe Traumatic Brain Injuries
These traumatic brain injuries cause more damage to brain tissue. Often, they can have effects on cognitive and physical functioning. In addition to the symptoms associated with mild TBI, these injuries may involve:
- Loss of consciousness
- Persistent headache
- Repeated vomiting
- Seizures
- Clear fluids draining
- Weakness or numbness
- Confusion or agitation
If someone may have a severe head injury, they need urgent medical assistance. Immediate medical care is essential to stabilize the individual and prevent further damage.
The Effects of Brain Injuries and Future Outlook
Traumatic brain injury can cause physical, cognitive, and emotional changes. The treatment depends on the severity of the injury and the individual’s overall health. Close monitoring at home for persistent or worsening symptoms is a vital part of the process.
Hospitalization
However, for moderate to severe injuries, hospitalization and immediate medical attention are necessary to stabilize the patient. Immediate surgery may be needed to remove blood clots, repair skull fractures, or relieve pressure.
Rehabilitation
Additionally, extensive rehabilitation is part of the treatment process. This may involve:
- Physical therapy to help regain strength, coordination, and mobility.
- Occupational therapy focuses on daily living skills, such as dressing, grooming, and cooking.
- Speech therapy can address communication and swallowing difficulties.
- Psychotherapy may assist in coping with emotional and behavioral changes.
Long-Term Outlook
Unfortunately, the long-term outlook for brain injuries will vary. Some individuals recover fully, while others may have lasting effects on cognition, motor skills, or emotions.
Both traumatic and acquired brain damage can result in physical challenges, such as weakness, balance issues, or paralysis. Along with that, there could be mental challenges, such as memory loss, mood changes, or difficulty concentrating.
Many victims of brain injury might never fully recover and return to the life they once knew. Sometimes, they may need long-term care to assist with their daily needs. No matter the severity of the injuries, TBIs come with long-term consequences.
Who Is Liable for My Brain Injury?
If the brain injury resulted from someone else’s negligence, such as a car accident, slip and fall, or medical malpractice, the responsible party may be liable.
To establish negligence, your Charleston brain injury lawyer must prove that the defendant owed you a duty of care. And, they breached that duty by acting negligently or recklessly, which directly caused your brain injury. Some of these claims may involve:
Defective Products
In some cases, defective products can also lead to brain injuries. The manufacturer or distributor may be liable if a faulty helmet or medical device caused your brain injury. Strict liability may apply in these cases. With these, you don’t need to prove negligence; you only need to prove the product was defective.
Premises Liability
Premises liability focuses on property owners’ duty to maintain safe premises. If you suffered a brain injury due to slipping on a wet floor or tripping on uneven pavement, the property owner may be negligent.
Workplace Injuries
Workplace injuries are also a common cause of brain injuries. In these cases, you could be eligible for workers’ compensation benefits to help with medical expenses, lost wages, and rehabilitation. In some cases, if a third party caused your work-related brain injury, you can make a separate claim against them.
Intentional Harm
If someone intentionally caused your brain injury, such as an assault or battery, they may be held criminally and civilly liable.
Medical Negligence
Also, medical negligence, such as surgical errors, misdiagnosis, or anesthesia mistakes, may lead to brain injuries. In these cases, healthcare providers or facilities may be held responsible.
Government Liability
Finally, if there are unsafe road conditions or inadequate safety measures, you may have a claim against the government entity responsible for maintaining those spaces.
Remember that liability will depend on the specific facts and circumstances surrounding your injury.
For this reason, you should consult with a Charleston brain injury lawyer. After assessing your case, we can help determine who may be responsible for your brain injury.
Compensation Available in These Cases
According to the Brain Injury Association of America, “the economic cost of brain injuries in the U.S. is estimated to be $76.5 billion, including $11.5 billion in direct medical costs and $64.8 billion in indirect costs, such as lost wages, lost productivity, and other non-medical costs.” If you have been injured due to negligence, you have the right to seek damages from the liable parties.
Several factors come into play when seeking compensation for a brain injury. Most damage awards fall into the economic or non-economic categories.
Economic Damages
Economic damages have a calculated value, and they often include:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Future earnings
- Property damage
Noneconomic Damages
Along with that, non-economic damages may also be awarded. These include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
Wrongful Death
If the brain inquiries resulted in a death, then the family members may be able to pursue wrongful death damages. These awards will account for funeral and burial expenses, loss of financial support, and emotional suffering.
Punitive Damages
Sometimes, the defendant’s actions were egregious. In those situations, the courts may award punitive damages to punish them for their behavior, as well.
If you would like to know the compensation you can expect for your claim, please consider consulting with a Charleston brain injury lawyer.
Statute of Limitations in West Virginia
Under West Virginia law, the statute of limitations for personal injury, wrongful death, and medical malpractice cases is two years from the date of the injury. This means you have two years from the date of the incident to file a claim.
The deadline is strict. If you don’t file within this time, you could miss out on your chance to recover compensation.
Why You Need an Attorney for Your Case
Suffering a brain injury can be a life-altering experience. These injuries affect your physical health, emotional well-being, and financial stability. Brain injury cases involve intricate personal injury laws, medical terminology, and insurance negotiations. You need an attorney to help guide you through this entire process.
Building Your Case
An experienced brain injury lawyer will assess the full extent of your damages, including lost wages, medical bills, pain and suffering, and ongoing care. With that, they’ll fight to secure the maximum compensation you deserve.
Collecting Evidence
Evidence is vital to any personal injury case. An attorney will investigate the accident, consult experts, and build a solid foundation for your claim.
Skilled Negotiation
When it comes time to recover compensation, you want a skilled brain injury lawyer on your side.
They can negotiate with the insurance company to maximize your payout. If you need to go to court, they will aggressively protect your rights.
When it comes to choosing the right lawyer for your Charleston brain injury cases, there is only one choice: DiPiero Simmons McGinley & Bastress, PLLC.
Frequently Asked Questions About Brain Injury Claims in Charleston
We have provided some answers to these most frequently asked questions involving brain injuries.
How do I know if I have a brain injury after an accident?
Not all brain injuries have immediate symptoms. Headaches, dizziness, confusion, or memory issues could signal a mild TBI. More serious symptoms include loss of consciousness, seizures, or slurred speech. If you’ve had a blow to the head, always seek medical attention right away, even if you feel fine.
Can I still file a claim if my brain injury symptoms appeared weeks later?
Yes. Some brain injuries take time to show, and the law knows this. If you have experienced symptoms later, you may still have a valid claim. However, West Virginia’s two-year statute of limitations starts from the date of the accident or discovery of the injury.
What types of accidents most often cause brain injuries?
Traumatic brain injuries can happen in many ways, such as car crashes, motorcycle accidents, slip and falls, workplace accidents, and even sports-related impacts. Any situation where your head is struck, shaken, or penetrated could potentially cause a brain injury.
How long does a brain injury case usually take in West Virginia?
There’s no one-size-fits-all answer. A simple settlement might take a few months, while complicated cases involving severe injuries or disputed liability can take a year or longer.
What evidence is helpful in proving a brain injury case?
Medical records are important, including CT scans, MRIs, and doctors’ notes. Also, witness statements, accident reports, or employment records that show lost income, and expert testimony can also strengthen your claim.
Let a Charleston Brain Injury Lawyer Fight for Your Right to Compensation
At DiPiero Simmons McGinley & Bastress, PLLC, we understand your challenges after a brain injury.
Our experienced legal team is here to guide you through the process and fight for your rights.
Whether you’re seeking information about potential compensation or wondering if you have a valid claim, we have the answers you need.
Why Choose Us?
- Decades of experience: With over 150 years of combined experience, our dedicated personal injury lawyers have successfully represented clients in Charleston, WV, and beyond.
- Compassionate support: We know that dealing with a brain injury is overwhelming. Let us handle the legal complexities while you focus on healing.
- Thorough investigation: We’ll conduct an extensive investigation, gather evidence, consult with experts, and provide personalized legal advice tailored to your situation.
- Free case assessment: Contact our office to schedule a consultation. We’ll assess your case and discuss your legal options at no cost to you.
Make sure to take your next steps toward justice. Contact our office and speak to a Charleston brain injury lawyer today.
We’re here to fight for you.
