Recovering damages from traumatic brain injuries (TBIs) can be a complex and challenging process, given the severity and long-term consequences of these injuries. TBIs can result from various accidents, including car crashes, falls, sports injuries, and workplace accidents. When pursuing compensation in a brain injury claim, it’s crucial to understand the legal process and the damages available to the injured party.
The following is a brief overview. For more detailed information about your specific case, call our office to speak with a Norfolk brain injury lawyer.
Filing a Brain Injury Claim
To recover damages for a TBI, it’s essential to establish liability, which means demonstrating that another party’s negligence or wrongful conduct led to the injury. This may involve proving that a driver, property owner, employer, or other responsible party was at fault.
Your attorney will work to gather evidence to support your claim. This may include accident reports, witness statements, medical records, expert testimony, and available surveillance footage or photographs. The strength of your evidence can significantly impact the outcome of your case.
TBIs can have profound and lasting effects on a person’s life. It’s crucial to document the full extent of the injury’s impact, including medical treatment, rehabilitation, therapy, and any resulting disabilities or limitations. Medical experts may be called upon to testify on the severity and long-term consequences of the TBI.
Types of Damages
One category of damages in TBI cases is economic damages, which aim to compensate the injured party for tangible financial losses. These may include medical bills, rehabilitation expenses, lost wages (both past and future), and the cost of assistive devices or home modifications necessary due to the TBI-related disability.
Non-economic damages are intended to compensate for intangible losses resulting from the TBI. These can be challenging to quantify but may include pain and suffering, emotional distress, loss of enjoyment of life, and the impact on personal relationships. An experienced attorney can help assess and calculate these damages.
In some cases, punitive damages may be awarded to the injured party. Punitive damages are not intended to compensate the victim but to punish the at-fault party for particularly egregious or intentional conduct that led to the TBI. These damages are relatively rare and are typically awarded in cases involving extreme negligence or willful misconduct.
Insurance Claims and Negotiations
Your attorney will often negotiate with the at-fault party’s insurance company to seek a fair settlement for your TBI-related damages. Insurance negotiations can be complex, as insurance companies may attempt to minimize their liability. Having legal representation can level the playing field and protect your rights.
If negotiations do not result in a fair settlement, your attorney may advise filing a lawsuit to pursue your TBI claim in court. The litigation process can be lengthy, involving discovery, depositions, and courtroom proceedings. A trial may be necessary to secure the compensation you deserve.
Contact Our Office Today
If you or a family member have suffered a brain injury due to someone else’s negligence, contact an experienced Norfolk brain injury attorney to find out what compensation you may be entitled to for all the losses you have suffered because of the injury. Contact Shapiro, Washburn & Sharp today to schedule a free and confidential consultation.
We will work diligently to get you the financial compensation you deserve, like the $5.5 million settlement we obtained for members of a family who suffered severe physical and brain injuries when a commercial truck driver rear-ended their car at a red light in Virginia Beach. The mother and father suffered a range of back and neck injuries, and both of their young daughters experienced traumatic brain injuries (TBIs).
We also provide a free brain injury guide that can help answer some of your questions regarding TBI and injury law.
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For over twenty years, Mr. Sharp's law practice has focused on serious personal injury claims, including traumatic brain injury and spinal cord injury claims. He also handles nursing home neglect cases and medical malpractice claims. Mr. Sharp has counseled numerous clients about the complexities concerning litigation of both pediatric and adult brain injury. Mr. Sharp has been awarded the AV Preeminent ranking by Martindale, the highly respected and widely utilized directory of lawyers throughout the world. AV Preeminent status is awarded only to those lawyers who achieve the highest level of success within the legal field and is a testament to the fact that a lawyer's peers and Judges rank him at the highest level of professional excellence. He has also been recognized as a "Best Lawyer" by U.S. News for personal injury, an accolade awarded to only a small fraction of lawyers. Mr. Sharp has also been recognized by Super Lawyers as one of the top personal injury lawyers in Virginia. This recognition is awarded only to those lawyers who have achieved the highest level of success and have been recognized by their peers as demonstrating the highest level of professional excellence.
