How Can a Virginia Concussion Injury Lawyer Help You?
A concussion is a mild traumatic brain injury that can affect your cognitive functions, speech, movement, and ability to work or maintain close personal relationships. Concussions are caused when an external force strikes the head, or when the skull and brain shake back and forth rapidly, which can happen without direct head impact (as in cases of whiplash).
The costs associated with a concussion injury can be compensated through a personal injury lawsuit. If someone else’s negligence caused your injury, a lawyer experienced in brain injury litigation can build a case showing the true cost of your injury. Funds from a successful settlement could improve the quality of your medical care and provide financial stability for your future.
Our firm’s founder, Stephen Smith, is a graduate of Marquette University’s Neuroanatomical Dissection of the Human Brain and Spinal Cord program. He is president of the National Brain Injury Trial Lawyers Association and a former president of the Brain Injury Association of Virginia. This background has made the Smith Law Center uniquely adept at litigating brain, neck, and spine injury cases.
What Kind of Settlement Can a Virginia Concussion Injury 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 a 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 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.
When someone else is at fault for your injuries, you have the right to be fully repaid for your suffering. It’s important to have an experienced attorney when seeking full compensation, as they will furnish the appropriate receipts, and translate your emotional losses into number values the court can understand.
What Kind of Accident Cases Can a Virginia Concussion Lawyer Handle?
The Virginia concussion lawyers at Smith Law Center can represent you in various types brain injury accident cases, including:
- Motor vehicle accidents including car accidents, commercial truck accidents, motorcycle accidents, rideshare, and bicycle accidents
- Slip and fall accidents at workplaces, nursing homes, or other public and residential places where premises liability applies
- Recreational or sports injuries in activities like football, soccer, lacrosse, boxing, ice hockey, and rugby
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.
What Are the Types of Concussions?
The symptoms of a concussion will depend on how severely the head was struck or shaken. Concussion severity is classified by grade, as follows:
Grade 1 (mild concussion)
Grade 1 concussions are characterized by brief memory loss, confusion, headache, dizziness, and nausea, but no loss of consciousness. Symptoms usually last less than an hour, but can linger for days. Most commonly, grade 1 concussions occur in minor car accidents, athletic events, or at-home mishaps.
Grade 2 (moderate concussion)
Signs of a grade 2 concussion are similar to grade 1 symptoms, although symptoms typically last from half an hour to an entire day. Certain medical experts argue that grade 2 concussions can include losing consciousness for several minutes.
Grade 3 (severe concussion)
A grade 3 concussion is characterized by unconsciousness and the lasting presence of concussion symptoms. In serious cases, victims may experience amnesia and can have difficulty with language. Professional treatment and observation are required since this grade of concussion can be a sign of mild brain damage.
Simple vs. Complex
In 2004, a group of professionals attending the Second International Conference on Concussion in Sports in Prague, introduced the categorization system of simple vs. complex concussions. A simple concussion was deemed to last less than 10 days, while complex concussions were characterized by at least 10 days of severe concussion symptoms, such as cognitive impairment or concussive convulsions.
There are different types of concussion syndromes that may impact your health outcome, including:
- Post-Concussion Syndrome: A disorder that is characterized by symptoms that last for weeks or months. The risk of acquiring this syndrome is not necessarily connected with the severity of the initial injury. For most post-concussion syndrome victims, symptoms show up within the first week. They will usually subside within three months, although symptoms can persist for a year or more.
- Second Impact Syndrome: A rare condition that occurs when an individual sustains a concussion before a previous concussion has properly healed. The syndrome involves rapid and severe brain swelling that can have serious and even life-threatening results.
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.
Contact an Experienced Virginia Concussion Attorney
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 the Smith Law Center is uniquely skilled at seeking maximum compensation for a traumatic brain injury such as a concussion. Our 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.
Virginia Concussion Lawsuit FAQs
What are the signs and symptoms of a concussion?
Concussion symptoms can include headaches, dizziness, confusion, balance issues, slurred speech, blurred vision, nausea/vomitting, and unexplained mood/behavioral changes.
It’s important to seek medical treatment after any head injury even without noticeable symptoms. Signs of a concussion may show up days or weeks after the accident, indicating your injury has been getting worse without treatment the entire time.
Your medical records may also serve as important evidence in any legal action you eventually pursue.
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.
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