Richmond Traumatic Brain Injury Lawyer

Richmond Traumatic Brain Injury Lawyer

Richmond Traumatic Brain Injury Lawyer

Traumatic brain injuries (TBIs) can require extensive and costly medical treatment and related expenses which can add up quickly and create a financial burden for the entire family.

If you or a loved one suffered a TBI in an accident caused by another person or party, we are deeply sorry for your pain and hardship. If your injury is due to someone else’s negligence, you may be entitled to compensation for your medical bills and other losses.

Even if you are offered money from an insurance company, before accepting that offer, talk with a Richmond traumatic brain injury lawyer from Allen & Allen. We offer free consultations during which we can discuss your case. Should you hire us to handle your claim, we promise to ensure you are treated fairly by the insurance companies and fight to obtain justice on your behalf. That’s what we mean when we say “I am an Allen.”

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Richmond TBI Guide

Why Choose Allen & Allen for Your Traumatic Brain Injury Claim?

George E. Allen founded his law practice in 1910 with the mission to serve as an advocate for those in need. In 1931, he moved his practice to Richmond and expanded the practice by bringing his three sons aboard, establishing Allen, Allen, Allen & Allen.

Our team strengthened the firm’s foundation of providing compassionate and trustworthy legal representation to those in need. Through the years and generations, our personal injury lawyers have recovered hundreds of millions in verdicts and settlements for our clients injured due to the negligence of another.

Unwavering in our pursuit of justice, our lawyers are not only accomplished attorneys but also steadfast allies for clients navigating the complex legal landscape associated with TBI cases. Contact us today for your free and confidential case consultation, and let us explain how we can help you.

How Much Does a TBI Lawyer Cost?

Dealing with a serious head injury is time consuming, and the medical bills you’re dealing with can be overwhelming. Rest assured that when you contact a traumatic brain injury lawyer from Allen & Allen, your first consultation to discuss your case is entirely free and confidential. We will explain in detail how our contingency fee agreement works. Simply put, you won’t pay any upfront costs, and our fee comes out of the compensation we recover for you.

According to research by the Insurance Research Council, when you hire a personal injury lawyer to handle your claim, you can expect to recover significantly more than you could on your own. That’s because our lawyers understand personal injury law and the claims process. And we’re not afraid to fight the insurance company for the compensation you need and deserve. Contact us today and let your fight be our fight.

What Is a Traumatic Brain Injury?

What is TBI

A traumatic brain injury affects how the brain works. TBIs can range in severity. Many TBIs produce confusion, headache, dizziness, and memory problems.

Some TBIs cause significant brain damage and symptoms, which can lead to longer-lasting cognitive and physical impairments. Some may require rehabilitation, and even then, they may never recover fully.

In the most severe cases, TBIs can cause extensive brain damage and lead to long-term or permanent disability, including impaired cognitive and motor function, altered consciousness, and emotional or behavioral changes. Rehabilitation is essential for those with severe TBIs, and their prognosis can vary widely.

According to the latest statistics from the Centers for Disease Control and Prevention (CDC), traumatic brain injuries are a major cause of death and disability in the U.S., resulting in 214,110 hospitalizations and 69,473 TBI-related deaths last year. These numbers do not take into account the many brain injuries that were only treated in emergency departments, primary care, urgent care, or those that went untreated.

Causes of TBIs

Traumatic brain injuries can happen to anyone at any age. If someone else’s negligence caused your or your loved one’s TBI, you may recover compensation for medical bills and related damages.

Our lawyers have handled TBI claims from clients who were injured in accidents or incidents, such as:

Unidentified TBI and Old Head Injuries

It’s easy to assume that traumatic brain injury symptoms would immediately manifest after a bump to the head, but that’s not always the case. Sometimes, symptoms may not appear until hours or even days after an accident. With a delayed onset of symptoms, the injured person and their family members may not associate them with an accident that occurred hours or even days earlier.

Medical experts have discovered that many patients who develop memory problems, behavioral issues, or learning difficulties are experiencing symptoms of an unidentified brain injury from a head blow months or years prior for which they never sought medical treatment. In many cases, these symptoms could have been prevented with early medical intervention.

If you or a loved one was in a motor vehicle accident or slip and fall incident, have a medical professional check you out. Your doctor can inform you of any signs or symptoms to look out for. Seeking medical attention also establishes the accident-related injury in your medical records, which can help strengthen your injury claim for compensation.

Primary vs. Secondary Brain Injuries

Primary and secondary traumatic brain injuries are two categories used to describe different phases and aspects of brain injuries. These terms help healthcare professionals understand the progression and consequences of TBI.

Here’s a brief overview of primary and secondary TBIs:

Primary TBI

Primary TBI refers to the initial physical damage that occurs at the moment of impact or injury to the head. It includes the immediate mechanical forces that lead to physical injury to the brain, such as contusions, lacerations, and diffuse axonal injuries.

Primary TBIs include closed head injury and open head injury.

  • A closed head injury occurs when the skull remains intact, but the brain is injured due to the sudden deceleration or impact.
  • An open head injury occurs when there is a break in the skull, exposing the brain to potential infection and further damage.

Secondary TBI

Secondary TBI encompasses a range of processes and complications that occur in the hours, days, or even weeks following the initial primary injury.

These secondary events can worsen the initial damage and contribute to the overall severity of the injury.

They may include:

  • Swelling: Brain swelling (cerebral edema) can increase pressure within the skull, potentially causing additional damage.
  • Intracranial Hemorrhage: Bleeding within the brain can lead to increased pressure and decreased blood flow, causing further damage.
  • Hypoxia: A lack of oxygen to the brain can exacerbate the injury and impair brain function.
  • Ischemia: Reduced blood flow can lead to tissue death (infarction) in areas surrounding the primary injury.
  • Infection: Infection in the brain or meninges can complicate recovery.
  • Elevated Intracranial Pressure (ICP): Increased pressure within the skull can lead to herniation and worsening damage.

Secondary TBIs are often preventable and treatable with timely medical intervention. Monitoring and managing intracranial pressure, providing oxygen support, and addressing complications are essential in minimizing the impact of secondary TBIs.

How Can a Traumatic Brain Injury Affect People?

How Can a Traumatic Brain Injury Affect People

A traumatic brain injury can affect patients in a variety of ways, including physically, mentally, and financially:

Physical Effects of TBI

The physical effects of a traumatic brain injury can vary widely based on the severity of the injury and the specific areas of the brain affected.

Some common physical effects of TBI include:

  • Headaches
  • Dizziness
  • Limited mobility
  • Tremors or ataxia
  • Balance and coordination problems
  • Visual disturbances
  • Hearing loss or tinnitus
  • Fatigue and muscle weakness
  • Motor impairments
  • Speech difficulties
  • Difficulty swallowing and chewing
  • Seizures
  • Paralysis

Rehabilitation and medical treatment often need to address these physical symptoms and improve an individual’s quality of life after a traumatic brain injury. The specific treatment and prognosis will depend on the severity of the injury and the individual’s unique circumstances.

Mental Effects of TBI

The mental effects of TBI can impact cognition, emotion, behavior, and overall mental health.

Common mental effects of TBI include:

  • Mood swings
  • Depression and anxiety
  • Agitation
  • Personality changes
  • Memory problems
  • Attention and concentration issues
  • Social inhibition
  • Impulsive and risky behavior
  • Post-traumatic stress disorder
  • Sleep disturbances
  • Executive function difficulties
  • Self-esteem and identity issues
  • Substance abuse
  • Suicidality

The mental effects of TBI can vary significantly from one person to another. Rehabilitation and treatment plans are often tailored to address the individual’s specific cognitive and emotional challenges. Family and social support play a crucial role in helping TBI patients cope with these effects and achieve the best possible recovery and quality of life.

Financial Effects of TBI

Traumatic brain injuries can have significant financial effects on both individuals and their families. These effects can result from increased medical expenses, lost income, and ongoing care and support needs.

Here are some of the common financial effects of TBI:

Medical Expenses

TBI patients often face substantial medical costs, which can include hospitalization, surgery, imaging studies (such as CT scans and MRIs), rehabilitation, therapy (physical, occupational, speech), prescription medications, assistive devices (wheelchairs, mobility aids), and ongoing medical follow-up. The expenses can be especially high for severe TBIs.

Long-Term Care

Some individuals with severe TBI require long-term care, either at home or in specialized facilities. This expensive care can include round-the-clock nursing, assistance with activities of daily living, and ongoing medical and therapy services.

Rehabilitation and Therapy

Rehabilitation and therapy are essential components of TBI recovery. These services can cost thousands of dollars, and patients may need them for an extended period.

Assistive Devices

TBI patients may require assistive devices, such as communication aids, mobility equipment, and adaptive technologies. These expensive devices require regular replacements and upgrades.

Lost Income

Many TBI patients experience temporary or permanent disability, which can result in lost income. This includes both past earnings and future earning potential. Spouses or family members may also need to reduce their work hours or quit their jobs to provide care and support.

Transportation Costs

TBI patients may require transportation to medical appointments and therapy sessions. This can include specialized transportation services for individuals with mobility impairments.

Home Modifications

In some cases, home modifications may be necessary to accommodate the needs of TBI patients, such as wheelchair ramps, bathroom modifications, or accessible housing.

Counseling and Mental Health Services

TBI patients may require counseling or mental health services to address emotional and psychological issues arising from the injury.

Caregiver Costs

Family members or professional caregivers may provide ongoing care and assistance, which can result in caregiving costs, including reduced work hours or the expense of hiring professional caregivers.

Insurance Premiums

Health and disability insurance premiums may increase due to the medical needs and increased risk associated with TBI.

What Compensation is Available in a TBI Claim?

The damages available to TBI patients can vary depending on the circumstances of the injury and the responsible party.

Typically, these damages include:

  • Medical Expenses: This includes past and future medical costs, such as hospitalization, surgery, rehabilitation, therapy, medications, assistive devices, and other healthcare expenses related to the injury.
  • Lost Income: This includes compensation for the income one lost or will lose due to the injury. This includes both past and future earnings, benefits, and potential career opportunities.
  • Pain and Suffering: Non-economic damages, such as physical and emotional pain and suffering, are often considered in personal injury cases.
  • Disability and Impairment: Compensation may pay for permanent disabilities, impairments, or disfigurement resulting from the TBI.
  • Loss of Enjoyment of Life: TBI patients may seek damages for the loss of enjoyment of life, which accounts for the negative impact of the injury on their ability to engage in activities they once enjoyed.
  • Loss of Consortium: In some cases, the spouse or family members of a TBI patient may recover compensation for the loss of consortium, which refers to the harm the injury has on their relationship with the injured person.
  • Rehabilitation and Assistive Devices: Compensation for the costs of rehabilitation services, assistive devices, and home modifications needed to improve the TBI patient’s quality of life and independence.

How Can a TBI Lawyer Help Me?

A personal injury lawyer from Allen & Allen can play a crucial role in helping you with your traumatic brain injury claim in several ways:

Legal Expertise

TBI claims can be complex, involving various legal principles and medical aspects. An experienced personal injury attorney from Allen & Allen can provide the legal knowledge and expertise needed to navigate the legal process effectively.

Investigation

Our lawyers can thoroughly investigate your TBI to gather evidence and establish liability. This may involve collecting witness statements, medical records, accident reports, and other relevant documentation.

Determining Liability

Our lawyers can help determine liability in your claim, whether it involves a negligent driver in a car accident, a property owner in a slip and fall case, or a product manufacturer in a product liability claim.

Calculating Damages

Your lawyer can assess the full extent of your damages, which may include medical expenses, lost income, pain and suffering, and other losses. We ensure that you receive fair and just compensation for your injuries.

Negotiation

Many personal injury cases are resolved through negotiation with insurance companies. We can handle these negotiations on your behalf to seek the best possible settlement.

Litigation

If a fair settlement cannot be reached through negotiation, your lawyer can represent you in court. We will prepare and present your case, advocate on your behalf, and protect your rights during the litigation process.

Case Strategy

Our lawyers develop a strategic approach to your case, including considering factors such as when to file, which legal theories to pursue, and what evidence to present.

Expert Witnesses

In TBI cases, expert witnesses, such as neurologists or neuropsychologists, may need to testify about the nature and impact of the injury. We can identify and retain these experts to strengthen your case.

Filing Deadlines

There are often strict deadlines for filing TBI claims. We will file all necessary documents on time and in compliance with relevant statutes of limitations.

Maximizing Compensation

Our lawyers aim to maximize your compensation by exploring all potential sources of recovery, such as insurance policies, multiple liable parties, or third-party claims.

Protecting Your Rights

We will advocate for your rights and interests throughout the legal process, ensuring that all parties involved treat you fairly and with respect.

Reducing Stress

Dealing with the legal aspects of a TBI claim can overwhelm you, especially when you are focused on your recovery. Having a lawyer on your side can relieve some of this stress, allowing you to concentrate on your health and well-being.

Contingency Fees

Our lawyers work on a contingency fee basis, which means we do not get paid if you don’t win your case. This can make it easier for people with limited financial resources to access legal representation.

Contact the Traumatic Brain Injury Lawyers at Allen & Allen Today

Edward Allen

Edward L. Allen, Richmond TBI Lawyer

Traumatic brain injuries can devastate families, requiring costly medical treatment, long-term rehabilitation, and mounting medical bills. If you or a family member suffered a TBI in an accident, you and your family may recover compensation for related expenses. Don’t let the insurance company short-change you.

Contact the Richmond personal injury attorney at Allen & Allen today at (804) 353-1200 for your free consultation, and find out how we can help you.

Our Richmond office

Allen, Allen, Allen & Allen

1809 Staples Mill Road
Richmond, VA 23230