Virginia Beach Brain Injury Lawyer

If you or someone in your family suffered a traumatic brain injury because of another person’s negligence, Smith Law Center is here to help. Our attorneys represent traumatic brain injury victims in Virginia Beach and have recovered over $1 billion for injured clients, including a $60 million jury verdict in a brain injury case.

A TBI can change the way you think, work, and interact with others. Persistent headaches, trouble concentrating, and memory issues can make daily tasks overwhelming.

You deserve a legal team that understands what you are going through and knows how to build a case that reflects it. Reach Smith Law Center at (757) 244-7000 or send us a message online to arrange your free case review with a Virginia Beach brain injury lawyer.

Chris Stoops Trusted Smith Law Center After His TBI

Chris Stoops, a crane climber at the shipyard, suffered a traumatic brain injury in a workplace accident. As his memory and speech declined, he was unable to return to work.

After nearly two years without income and an inadequate first settlement offer, attorney David Holt took Chris' case.

Chris described his experience, saying, “I knew right away I had the right person for the job.”

Watch as Chris discusses his recovery process and the support our team provided to help him move forward.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when an external force disrupts normal brain function. This can happen when the head strikes an object, when the brain is jolted inside the skull, or when oxygen flow to the brain is interrupted.

Not all TBIs are immediately obvious. Many people leave an accident scene without visible head wounds, only to experience cognitive, emotional, or neurological symptoms days or weeks later. Because these injuries often develop gradually, they are frequently misdiagnosed, minimized, or dismissed early on.

Statistics on Traumatic Brain Injury

Across the United States, traumatic brain injuries lead to more than 200,000 hospitalizations each year and are associated with roughly 70,000 deaths annually. For those who survive, recovery is not always short-term.

More than half of people with moderate to severe brain injuries are still unable to return to work two years later. Research also shows that about one in three individuals diagnosed with a TBI experiences cognitive changes that alter how they function in daily life.

What Are the Different Types of TBI?

A brain injury can affect memory, speech, balance, emotions, or the ability to work. The type of injury depends on how the head was impacted and what happened inside the skull at the moment of injury.

Common types of traumatic brain injury include:

Concussions

A concussion occurs when a sudden blow or jolt causes the brain to move inside the skull. People often experience headaches, confusion, light sensitivity, nausea, or difficulty concentrating. Symptoms may linger long after the initial injury, even when scans appear normal.

Contusions

A contusion is a bruise on the brain caused by direct impact. These injuries can lead to swelling, bleeding, and pressure inside the skull. Depending on the location, a contusion can affect speech, memory, coordination, or emotional control.

Diffuse Axonal Injuries (DAI)

Diffuse axonal injury occurs when rapid acceleration causes widespread tearing of nerve fibers in the brain. These injuries frequently result from high-impact crashes or falls and often lead to significant cognitive impairment, loss of consciousness, or long-term disability.

Hematomas

A hematoma forms when blood collects inside or around the brain. As pressure builds, brain tissue can be damaged. Symptoms may worsen quickly and can include severe headaches, confusion, vomiting, or loss of consciousness. Many hematomas require urgent medical intervention.

Penetrating (Open) Brain Injuries

A penetrating injury occurs when an object breaks through the skull and damages brain tissue. These injuries often cause permanent neurological deficits and require extensive medical treatment, rehabilitation, and long-term care.

Coup-Contrecoup Injuries

Coup-contrecoup injuries involve damage at the point of impact and on the opposite side of the brain. They commonly occur in vehicle crashes and violent falls, where the brain strikes both sides of the skull in rapid succession. These injuries can affect multiple brain regions at once.

What Causes a TBI?

A traumatic brain injury happens when a sudden impact, jolt, or lack of oxygen disrupts normal brain function. In Virginia Beach, these injuries are commonly caused by:

• Car, truck, and motorcycle collisions;
• Pedestrian and bicycle accidents;
• Boating and watercraft accidents;
• Falls at businesses and commercial properties;
• Workplace head injuries;
• Medical negligence and birth injuries;
• Nursing home neglect;
• Near-drowning and oxygen deprivation;
• Assaults and negligent security;
• Defective products, including helmets, vehicles, and safety equipment;
• Youth and recreational sports concussions; and
• Military-related brain injuries.

What Are Some Symptoms of a Brain Injury?

Regardless of how the injury occurred, TBI symptoms often develop gradually and may not be obvious in the hours after an accident. Warning signs to watch for include:

• Headaches that persist or intensify;
• Dizziness or balance problems;
• Blurred or double vision;
• Sensitivity to light or noise;
• Difficulty concentrating or organizing thoughts;
• Memory gaps or trouble retaining information;
• Slowed speech or word-finding difficulty;
• Sleep disruption;
• Irritability, anxiety, or depression; and
• Personality changes noticed by others.

How a TBI Affects Daily Life Over Time

The symptoms listed above often persist for months or years. Many people expect recovery to follow a steady path, but progress tends to come in uneven stretches, with good days followed by setbacks that feel confusing and discouraging.

Over time, a brain injury can change how a person thinks, communicates, and manages everyday responsibilities. People living with a TBI often describe challenges such as:

• Trouble keeping track of conversations, appointments, or instructions;
• Difficulty focusing for extended periods, especially in busy or noisy environments;
• Mental fatigue that sets in quickly and lasts longer than expected;
• Slower decision-making or difficulty organizing tasks;
• Increased frustration, anxiety, or emotional sensitivity; and
• A sense that familiar routines now require far greater effort.

For family members, these changes can be just as difficult. A spouse, parent, or child may recognize the person they love but struggle to describe how they have changed. When a brain injury was caused by preventable negligence, the weight of these long-term effects often drives the need for accountability and fair compensation.

How Do You Prove a TBI?

Insurance companies frequently push back on brain injury claims because TBIs do not always appear on standard imaging. An X-ray or CT scan may come back normal while the injured person struggles with memory loss, confusion, and cognitive decline. Insurers use that gap to argue the injury is exaggerated or unrelated to the accident.

Proving a TBI requires evidence that goes well beyond initial emergency room records. A strong case typically involves:

• Neuropsychological testing that documents deficits in memory, processing speed, attention, and executive function;
• Advanced neuroimaging, such as diffusion tensor imaging (DTI) or functional MRI, that reveals damage conventional scans miss;
• Treatment records from neurologists, speech therapists, occupational therapists, and mental health providers;
• Testimony from family members, coworkers, or supervisors who have witnessed cognitive and behavioral changes;
• Life care plans that project the cost of future medical treatment, assistive care, and home modifications; and
• Vocational assessments that measure how the injury has affected the ability to work.

If someone else’s negligence caused your TBI, speak with a Virginia Beach brain injury lawyer about your legal rights. (757) 244-7000 connects you directly to our office, or you can submit your information online, and we will follow up promptly.

What Compensation Can You Seek for a TBI?

A traumatic brain injury generates costs that accumulate over years and, in many cases, over a lifetime. Virginia law allows injured people to seek compensation for both the financial losses and the personal harm a TBI inflicts.

A claim may include recovery for:

• Emergency care, hospitalization, and neurological testing;
• Follow-up appointments and specialist evaluations;
• Cognitive, speech, physical, and occupational therapy;
• Psychological care for anxiety, depression, or PTSD;
• Lost income during recovery and reduced future earning ability;
• In-home assistance and long-term support services;
• Home and vehicle modifications; and
• Pain, loss of independence, and strain on personal relationships.

A national Martindale-Nolo survey found that people represented by attorneys in serious injury cases recovered substantially greater compensation than those who handled claims alone.

How Can a Virginia Beach TBI Attorney Help Me?

A TBI claim requires coordination across medical, vocational, and legal disciplines. The evidence described above does not assemble itself. It takes attorneys who understand brain injuries and who have working relationships with the specialists needed to document them.

Smith Law Center works with neurologists, neuropsychologists, vocational experts, and life care planners to present a complete picture of how the injury has affected daily life, earning capacity, and future independence. Our attorneys handle all communication with insurance companies, respond to attempts to minimize symptoms, and pursue every party whose negligence contributed to the injury.

This allows injured people and their families to focus on treatment and recovery while the legal work moves forward.

For a closer look at how traumatic brain injury cases are handled, Smith Law Center partner David Holt discusses TBI representation on the Cases for Causes podcast.

In the episode, he explains why brain injuries are often misunderstood and how these cases differ from other serious injury claims. He also discusses the importance of speaking with family members, coworkers, and others who have seen how a person’s life has changed.

What Is the Legal Process for Brain Injury Cases?

Pursuing a brain injury claim involves investigating what happened, developing medical proof, addressing insurance challenges, and, when necessary, going to trial.

Investigation

A Virginia Beach traumatic brain injury lawyer from our firm works to determine how the injury occurred, identify every responsible party, and preserve evidence before it is lost or altered. Medical records, witness statements, incident reports, and any available video footage form the foundation of the case. Early investigation also helps prevent insurers from shifting blame or minimizing what occurred.

Medical Documentation

As treatment continues, evaluations from neurologists, neuropsychologists, and rehabilitation specialists help establish the full extent of the injury. These records document cognitive, physical, and emotional changes that may not be immediately visible. This documentation becomes essential when insurers question the severity of a traumatic brain injury or attempt to limit compensation.

Negotiation

Many brain injury cases are resolved through settlement rather than trial. However, the long-term effects of a traumatic brain injury often take months to fully emerge. Accepting an early offer can leave future medical costs, lost income, and ongoing care needs unaddressed. A Virginia Beach traumatic brain injury attorney will evaluate settlement offers carefully to ensure they reflect the true impact of the injury.

Litigation

When the insurance company refuses to offer fair compensation or disputes responsibility, we are prepared to take the case to trial. Litigation allows us to present evidence, expert testimony, and a full accounting of how the injury has affected the client’s life. This stage is often necessary to hold negligent parties accountable and pursue compensation that reflects the seriousness of a brain injury.

Case Results for Brain Injury Clients

Smith Law Center has obtained significant recoveries for individuals and families affected by traumatic brain injuries by focusing on how those injuries actually change a person’s daily life and future care needs.

As attorney Emily Strak explains,

“Every case is about people first. We never lose sight of that.”

That people-first focus is reflected in the outcomes we have achieved for brain injury clients, including:

$60 Million Jury Verdict | Brain Injury from a Train Collision

A train entered a worksite without warning, causing a severe brain injury with permanent cognitive effects. Safety failures were uncovered during the trial, leading to one of the largest brain injury verdicts in Virginia.

$2.9 Million Recovery | TBI After a Truck Crash

Following a collision with a commercial truck, our client experienced memory loss and difficulty managing daily responsibilities. Expert evaluations documented the need for long-term rehabilitation, leading to substantial recovery.

Brain Injury Support and Recovery Resources in Virginia Beach

Living with a brain injury often requires ongoing support beyond medical treatment. The following organizations provide services for brain injury survivors and their families in the Virginia Beach area:

• Brain Injury Services of Virginia (BISV): Provides case management, skills-based rehabilitation, and peer support across Hampton Roads.
• LoveYourBrain Foundation: Delivers adaptive yoga and mindfulness programs designed for people with brain injuries and their families.
• Defense and Veterans Brain Injury Center (DVBIC): Provides clinical care and education to support service members and veterans with brain injuries.
• Sentara Virginia Beach General Hospital: Offers emergency care, neurosurgical services, and neurological rehabilitation.
• Children’s Hospital of The King’s Daughters (CHKD): Provides pediatric neurology and rehabilitation services for children with brain injuries.

Our team can help connect clients with appropriate resources as part of the recovery process.