Virginia Concussion Lawyer

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A concussion injury can come from a car accident, slip-and-fall impact, or other type of personal injury. If another person's negligence caused your injury, you have the right to pursue compensation.

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Stephen M. Smith
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A passenger contacts a Virginia concussion lawyer after a rear-end accident.

A concussion can change far more than how you feel in the days immediately following an accident. Even injuries that seem "mild" at first can affect your memory, concentration, mood, ability to work, and daily life for weeks, months, or even longer. If someone else's negligence caused your concussion, you may have the right to pursue financial recovery for the medical care, lost income, and other ways the injury has affected your future.

Brain injury cases demand more than a basic understanding of personal injury law. They require attorneys who understand the medicine behind these injuries and how to explain their long-term impact. 

Smith Law Center has built a national reputation for handling traumatic brain injury claims. Firm founder Stephen Smith completed advanced neuroanatomical training at Marquette University, serves as President of the National Brain Injury Trial Lawyers Association, and is a former President of the Brain Injury Association of Virginia. That experience helps our team present the full picture of how a concussion can affect every part of a person's life when taking on these cases.

If you need a trusted Virginia concussion injury attorney, contact Smith Law Center online or call (757) 244-7000 for a free consultation. Learn more below about concussion injuries, your legal rights, and how our team can help.

“The entire Smith Law Firm was very professional, kind, knowledgeable, and patient. I was a little nervous in the beginning, but they explained each step. And made the process easier for me to understand. I definitely would highly recommend the Smith Law Firm to friends, family, and colleagues. Thank you for an amazing experience!! Very happy with my settlement.”

- Katrina D. | Client

"I Couldn't Do the Things I Used to Do.": The Lasting Impact of a Brain Injury

Many people assume a concussion heals quickly, but for some, the effects last for months or years. This client's story offers an honest look at the challenges of living with a traumatic brain injury and how Smith Law Center helped pursue accountability after the accident.

How the Virginia Concussion Attorneys at Smith Law Center Can Help You

Concussions are frequently misunderstood because many of their most serious effects cannot be seen. Successfully presenting these cases requires attorneys who understand the medical science behind brain injuries and know how to explain their long-term impact to insurance companies and juries alike.

For over seven decades, our firm has stood beside those suffering from concussion injuries. Combined with more than $1 billion recovered for injured clients, including a $60 million global record verdict for a brain injury survivor with a closed-head injury, our experience allows us to confidently handle even the most complex concussion claims.

Our team will:

  • Conduct a thorough investigation to determine exactly how the accident happened and who should be held responsible.
  • Work with respected medical specialists and other experts to demonstrate how your concussion has affected your health, career, and future.
  • Gather the medical records, witness statements, accident reports, and other evidence needed to build a strong claim.
  • Handle communication and negotiations with insurance companies so you can stay focused on your recovery instead of paperwork and phone calls.
  • Prepare every case as though it will go to trial, giving us the strongest possible position whether your case settles or is decided in court.

You only get one opportunity to pursue a claim after a serious concussion. Our job is to make sure the insurance company, the defense, and, if necessary, a jury understand how this injury has changed your life today and how it may continue to affect you in the years ahead.

What Is a Concussion?

A concussion is a mild traumatic brain injury (TBI) that happens when a sudden blow, jolt, or violent movement causes the brain to move inside the skull. This movement can temporarily change how the brain functions and, in some cases, damage brain cells. While concussions are often called "mild" because they are usually not life-threatening, their effects can be anything but minor.

You do not have to lose consciousness to suffer a concussion. In fact, many people remain awake and alert after the injury. A concussion can happen after a direct blow to the head, but it can also result from the rapid back-and-forth motion of the head and neck during a car accident, fall, sports injury, or another traumatic event.

Recognizing the Symptoms of a Concussion

Brain injury symptoms can appear right away, or they might surface days or weeks after the initial incident. They may also come and go as your brain heals, which can make it difficult to recognize how serious the injury really is. It is vital to watch for any changes in how you feel or act. Common signs include:

  • Physical changes: Persistent headaches, dizziness, nausea, vomiting, blurry vision, or trouble with balance.
  • Cognitive issues: Feeling mentally foggy, having trouble concentrating, experiencing temporary memory loss, or struggling to find the right words.
  • Emotional shifts: Unusual irritability, sudden mood swings, anxiety, or feeling unusually sad.
  • Sleep disruptions: Sleeping much more than usual, struggling to fall asleep, or feeling constantly exhausted.

Signs of a More Dangerous and Serious Concussion

While all brain injuries require attention, some signs point to an emergency. Seek immediate emergency medical care if you or a loved one notices any of these "red flag" symptoms:

  • A headache that steadily gets worse and will not go away
  • Slurred speech, weakness, numbness, or decreased physical coordination
  • Repeated vomiting or severe nausea
  • Convulsions or seizures
  • One pupil (the black part of the eye) appearing larger than the other
  • Inability to wake up, or extreme drowsiness
  • Growing confusion, restlessness, or unusual behavior
  • Loss of consciousness, even if only for a short time
  • Difficulty recognizing familiar people or places
If you are hesitant about hiring a lawyer, consider the concrete data. A major, nationwide study by Martindale-Nolo looked at exactly how injury victims fared with and without legal help. The results showed a massive difference in payouts depending on representation.

The study reveals that readers who hired a lawyer walked away with an average of $60,000 more in compensation than those who handled the claim on their own. Having an advocate protects you from lowball insurance offers and ensures your long-term medical and financial needs are fully valued.

What Kind of Settlement Can a Virginia Concussion Attorney Help Secure?

The compensation you receive from a Virginia concussion injury lawsuit could include coverage for:

  • Medical bills for initial treatments and surgeries, as well as ongoing and long-term therapeutic expenses
  • Loss of income and future earnings, including for children injured at a young age who may never be able to work
  • Pain and suffering for matters like loss of independence, disfigurement or scarring, or loss of companionship in a marriage
  • Punitive damages, which are “punishment” fees charged to the negligent party and then awarded to you
  • Wrongful death expenses like funeral costs or the loss of income in cases where the concussion injury caused or contributed to your loved one’s death

There are two primary ways that you can go about collecting the compensation that you deserve: filing a claim with the insurance company and filing a claim in civil court. A Virginia concussion injury lawyer can help in both instances by negotiating a fair payout from the insurance provider and pursuing a legal cause against the negligent party who caused your injury.

A concussion can interrupt your career, strain your relationships, and make everyday tasks harder than they used to be. 

While it may be called a "mild" brain injury, its effects can last for months or even years. If someone else's negligence caused your injury, let our experienced brain injury attorneys explain your options and help you move forward. Call Smith Law Center at (757) 244-7000 or contact us online to schedule your free consultation.

What Kind of Accident Cases Can a Virginia Concussion Lawyer Handle?

The Virginia concussion attorneys at Smith Law Center can represent you in various types of brain injury accident cases, including:

The type of accident that you were involved in will likely be a strong indicator of who may be held responsible for the cost of your injuries. For example, if you were involved in a car accident, the driver of the vehicle that hit you, auto parts manufacturers, the state, and other third parties could all share responsibility. 

If you were diagnosed with a concussion after a slip and fall accident, you might bring a claim against the owner of the property where you were injured and their insurance company.

In cases where there are multiple parties who have contributed to the injuries, your attorney will be sure to identify and name all at-fault parties. This helps open up all available sources of compensation, maximizing your final settlement or award.

No matter what kind of head trauma you’ve experienced, the most important thing you can do is obtain immediate medical care and monitoring. The second vital step is to secure an attorney to protect your rights and secure the compensation necessary to access the best medical care.

The Smith Law Center’s case results include an award of over $14 million for a brain injury caused by a defective tire in a motorcycle accident. We will fully investigate the specifics of your case to pursue the best possible outcome for you and your family. Contact us at (757) 244-7000 or online for a free, confidential, no-obligation consultation.

Understanding Concussion Severity

You may still hear concussions described as Grade 1, Grade 2, or Grade 3 injuries. While many healthcare providers now focus more on a person's symptoms and recovery than on assigning a grade, these classifications are still commonly referenced and can help explain how concussion severity has traditionally been described.

Grade 1 Concussion

Traditionally, a Grade 1 concussion referred to a concussion without loss of consciousness. Symptoms such as headache, dizziness, confusion, nausea, or difficulty concentrating were generally brief, although they could last for hours or even days. 

Despite being considered the least severe classification, a Grade 1 concussion still requires prompt medical evaluation because symptoms can worsen or persist over time.

Grade 2 Concussion

A Grade 2 concussion traditionally involved symptoms that lasted longer than those of a Grade 1 concussion but did not include loss of consciousness. People may experience headaches, dizziness, memory problems, slowed thinking, balance issues, sensitivity to light or noise, and other symptoms that continue for several hours or longer.

Grade 3 Concussion

Traditionally, a Grade 3 concussion involved any loss of consciousness, even if only for a few seconds. Because these injuries can resemble more serious traumatic brain injuries, immediate medical evaluation is essential to rule out complications such as bleeding or swelling inside the skull.

“Every day is spent preparing for your case. Your goals become my mission.”

- Attorney Stephen Smith

The Serious Risks of Multiple Concussions

A concussion needs time to heal. If you suffer another head injury before your brain has fully recovered, the consequences can be much more serious than the first injury alone. Even if each concussion is considered "mild," repeated brain injuries can increase the risk of lasting neurological problems, longer recovery times, and persistent symptoms that interfere with everyday life.

Some of the most significant risks associated with multiple concussions include:

  • Post-Concussion Syndrome (PCS): While many people recover from a concussion within a few weeks, some continue experiencing headaches, dizziness, memory problems, difficulty concentrating, sleep disturbances, and mood changes for months or even longer. This condition, known as post-concussion syndrome, can make it difficult to work, attend school, or carry out everyday activities.
  • Second Impact Syndrome (SIS): Although rare, this life-threatening condition can occur when a person suffers another concussion before the brain has fully healed from the first. The second injury can trigger rapid brain swelling that requires immediate emergency treatment and may result in permanent brain damage or death.
  • Long-Term Brain Changes: Researchers continue to study how repeated head impacts affect the brain over time. Multiple concussions have been associated with an increased risk of ongoing cognitive difficulties, memory loss, mood disorders, and other neurological problems. Repetitive head trauma has also been linked to Chronic Traumatic Encephalopathy (CTE), a progressive brain disease that has been identified in some athletes, military veterans, and others with a history of repeated head impacts.

Why Hire an Experienced Virginia Concussion Lawyer at Smith Law Center

The accident or incident that caused your concussion may have been traumatic, but the compensation process doesn’t have to be. When you have the right legal representative by your side, you can get the advice, support, and compensation that you deserve.

There are many law firms that handle general injury cases, but Smith Law Center is uniquely experienced at seeking maximum compensation for a traumatic brain injury such as a concussion. Our Virginia concussion attorneys are actively involved with renowned organizations and associations dedicated to brain injury awareness and can offer unique support for your specific needs.

Schedule your free, no-obligation consultation with Smith Law Center online or by calling (757) 244-7000 as soon as possible. Your brain is, in many ways, the most important organ in your body — make sure it receives the care necessary to recover after a traumatic injury like a concussion.

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Virginia Concussion Lawsuit FAQs

What if the insurance company claims I am at fault for my concussion?

Insurance adjusters frequently try to shift blame to the injured person to avoid paying a claim. In Virginia, this tactic is especially dangerous because of a strict legal rule called "contributory negligence." Under this law, if an insurance company can prove you were even just 1% at fault for the accident, you can be completely blocked from recovering any compensation.

When it comes to head injuries, insurance companies use specific tactics to deny claims. They might argue that you weren't paying attention, that you failed to avoid a slip-and-fall hazard, or that a pre-existing medical condition caused your dizziness and confusion rather than the accident itself.

This is why you should never try to argue with an insurance adjuster on your own. Our Virginia concussion attorneys know how to counter these blame-shifting tactics. We thoroughly investigate the scene, secure surveillance footage, analyze accident dynamics, and preserve vital evidence to establish 100% liability on the negligent party. We protect your rights and ensure your side of the story is legally protected.

Will insurance be enough to cover my concussion treatment?

It is possible that insurance will be enough to cover your concussion treatment. Factors include the severity of your concussion, the length of your recovery, how much the liable party was insured for, and how much your health insurance covers.

You should never accept an insurance representative’s offer without first consulting with a concussion injury attorney. Your lawyer can help evaluate what is fair compensation and negotiate on your behalf for a more robust settlement. If the insurance company refuses to fully cover your concussion treatment, your attorney can take the case to trial.

Can I sue an individual or a business for giving me a concussion?

Generally, yes, if someone else’s negligence or misconduct caused you to suffer a concussion injury, you have the right to hold them accountable. They can be ordered to cover all of the expenses you endured and to compensate you for your financial and emotional damages as well. This applies to individual actors and to businesses or other group entities that have a responsibility for safe conduct with the public.

How long do I have to file a Virginia concussion lawsuit?

In Virginia, where Smith Law Center is located, the law states that you have 2 years before the filing window expires in a personal injury lawsuit. It’s important to have an experienced concussion injury lawyer representing you so you don’t lose your opportunity to be awarded maximum compensation. Contact the Smith Law Center online or call us at (757) 244-7000 — empower us to start working on your case today while you recover in peace.

Brain Injury Verdicts & Settlements

Trial for Gas Station Manager Results – Verdict in Mild Head Injury

Awarded:
$60,264,823.00
Summary:
MANASSAS, Virginia – A jury awarded over $60 million to a Williamsburg man injured when a Norfolk Southern train derailed and sent two cars careening into the RaceTrac service center he managed.
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Trial for Woman with Brain Injury Settles Two Days Into Trial

Awarded:
$14,590,000.00
Summary:
MANASSAS, Virginia – Motorcycle dealer and tire manufacturers settled for installation of defective inner tube in the rear tire of a Harley Davidson motorcycle that failed, causing a brain injury to a female passenger.
see More

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