Although brain injuries can occur due to something going on inside the body, most brain injuries are caused by an external force or trauma. A car accident in Charleston, a workplace machinery malfunction, even a case of nursing home neglect, are all ways a brain injury can occur. A traumatic brain injury (TBI) can be caused by a direct impact to the head or by other impacts to the body, which causes the brain to slam around inside of the skull.
The severity of a brain injury accident determines the chances of survival and the prognosis for recovery. The effects of a brain injury will depend on the severity of the injury and the part of the brain that was injured. No two people are ever affected in exactly the same way. Properly evaluating a brain injury takes a great deal of knowledge about how the brain functions and a thorough understanding of the changes experienced by the person suffering the injury.
The Charleston brain injury attorneys at Salango Law know that a brain injury can completely change a person’s life forever. We help people with traumatic brain injuries and their families recover the compensation they need to further their healing and begin to plan for their future. Contact us any time for a free case evaluation.
Why Hire Salango Law to Win Your Brain Injury Case?
We know what we’re doing and we care about getting you or your loved one the best result.
- Competence – we are experienced and have a thorough understanding of brain injuries
- Compassion – we want to help you and your family get through a very difficult time
- Commitment – we don’t let up until we have gotten you everything you deserve
Common Causes of Traumatic Brain Injuries
For non-military persons, there are 4 main causes of TBIs.
- Falls
- Motor vehicle accidents
- Violence
- Sports accidents
Injury victims who are very young or very old tend to be more likely to suffer a TBI from a fall. And men at any age are more likely than women to have a traumatic brain injury.
Severity of Traumatic Brain Injuries
Traumatic brain injuries are characterized according to their severity, which is determined in part by the experience of the person injured. Certain symptoms and responses will cause a brain injury to be either mild, moderate, or severe.
Mild traumatic brain injury – brief or no loss of consciousness, headache, dizziness, nausea, trouble with memory or concentration, sleep issues, mood disturbances
Moderate traumatic brain injury – loss of consciousness up to 24 hours, worsening headache, lethargy, evidence of brain swelling or bleeding
Severe traumatic brain injury – loss of consciousness for over 24 hours – coma – no sleep or waking cycles, memory loss, evidence of brain swelling or bleeding
For mild TBIs, rest is usually the best treatment. More serious TBIs may require surgery and medications to control symptoms and prevent further head injury. If a loved one has passed as a result of a TBI, a family member can file a wrongful death case.
Effects of Brain Injuries
Brain injury accidents can result in permanent disabilities. Various rehabilitative therapies can help with physical, psychological and cognitive impairments. But there are no guarantees as to the outcome with any therapy, as the brain tissue heals at different rates for everyone. Sometimes a TBI will improve, sometimes there will be no change, and sometimes a traumatic brain injury will get worse over time.
An educated guess may be the best that can be done when trying to determine the long-term effects of a TBI and how to assess the compensation that should be awarded. That is why it is essential to work with an attorney who has significant experience handling traumatic brain injury claims.
How a Charleston Brain Injury Lawyer Can Help
Brain injuries are complicated and often require Charleston medical experts to establish the full extent of the impact, and medical bills, they will likely have. A Charleston personal injury attorney attorney has access to the resources that you need to present a compelling and complete picture of the head injuries you received, the treatment you will need, and how the injuries have changed your life. TBI cases are complex and serious. A trusted attorney can help guide you responsibly.
What Compensation Can Brain Injury Victims Recover in Charleston, West Virginia?
Victims of a personal injury that results in brain damage can seek a claim for any losses they incurred at the time of the accident and through the recovery process. With evidence, you may be able to pursue compensation such as:
- All existing medical costs, including emergency care you received, hospitalizations, medications, rehabilitation, and procedures
- All future medical costs related to your injury, such as ongoing support, medications, and future surgeries or treatment
- Loss of wages for the time you missed at work, including any loss of bonuses or overtime
- Drop in earning capacity if you are no longer able to go back to the same type or level of work you did
- The pain and suffering you have had and continue to experience
- Mental anguish resulting in the onset of conditions such as depression, severe anxiety, and post-traumatic stress disorder
In each of these situations, you must gather as much evidence as possible to prove the accident caused your injury and the financial impact it had. Your Charleston brain injury attorney will help you to build a case that is inclusive of all of these and other losses.
How Much Is My Charleston Brain Injury Case Worth?
The value of your brain injury case depends on multiple factors. A thorough case evaluation must look at the following elements to determine what the insurance company owes you:
- The severity of your injuries, including the type of injury you suffered
- Whether or not you will improve fully or maintain ongoing injuries
- The cause of the accident and whether there was gross negligence or willful intent as part of the claim
- The types of care you need, including rehabilitation
- Whether or not you can go back to the same type of work
- Any disfigurement or other permanent losses you face
The more substantial your injuries are, the more complex your treatment becomes. More so, you may be one of the many people who spend years trying to rebuild their skills and communication abilities to no avail. The value of your brain injury claim must take into account your current and ongoing losses as well as expected losses well into the future. Our Charleston brain injury attorney will investigate each of these and other areas to build a strong claim.
What Is the Deadline to File a Brain Injury Lawsuit in West Virginia?
West Virginia Code §55-2-12 governs the statute of limitations for most brain injury lawsuits that occur in the state. The type of incident plays a role in how long you have to take action.
- You have two years from the date of the injury to file a claim for most personal injury cases.
- You have two years from the date of the injury or from when it was reasonably discovered to file a medical malpractice claim. This cannot be more than 10 years from the date of the incident.
- Brain injuries sustained as a result of nursing home abuse have just one year from the date of that abuse to seek legal action
Because there are so many limitations and risks, do not wait. Contact our Charleston brain injury lawyer immediately for a free consultation. Let us review what options are available to you to seek compensation even if you believe your time is running low.
Contact Our Charleston Brain Injury Lawyers
At our law firm, Salango Law, PLLC, we have negotiated large settlements for clients with TBIs. Our seasoned legal representation has given us the skills for how to leverage the uncertain outcome of a traumatic brain injury to make sure clients are adequately compensated no matter what might eventually happen. To schedule a free consultation with one of our brain injury lawyers, contact us online or call us in Charleston at (304) 342-0512 for legal advice.