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Why Do You Need a Virginia Traumatic Brain Injury Lawyer?

Life-changing and irreversible — traumatic brain injuries are some of the most serious and complex injuries you can experience after an auto crash, slip and fall, or workplace accident incident. An experienced lawyer can help you find justice and compensation.

Traumatic brain injuries (TBIs) are often referred to as “invisible injuries” due to the slow onset of symptoms after a head trauma. Additionally, your efforts to heal from a brain injury do not always show outwardly — a person may look the same, but struggle with coordination, with language, and with the thought patterns and brain speed that once made them their own unique self.

The Centers for Disease Control reports that 1.7 million people suffer a traumatic brain injury each year. TBI is a contributing factor in almost a third of all injury-related deaths in the United States. As one of the nation’s largest and most recognized traumatic brain injury law firms, The Smith Law Center has created this page as a reference for understanding more about the legal aspects of brain injury cases, how your attorney works to build a strong brain injury lawsuit, and what kinds of damages you might be entitled to receive.

If you have a question that you don’t see answered here, please reach out to our Virginia traumatic brain injury lawyers at (757) 244-7000. Your phone consultation is free and confidential, and the call you place today could be your first step to a better future.

Hear Linda speak about her experience with the Smith Law Center after a brain injury accident.

What Kind of Settlement Can a Virginia Traumatic Brain Injury Attorney Help You Secure?

A traumatic brain injury lawyer can help you secure a settlement that may cover:

  • Medical expenses: This includes compensation for all past and future medical bills related to the brain injury, including hospitalization, surgery, medication, rehabilitation, and other related costs.
  • Rehabilitation and therapy: The cost of long-term rehabilitation and therapy can be very expensive, and in some cases, the injured party may require ongoing treatment for the rest of their life.
  • Lost income: If the traumatic brain injury has resulted in the person being unable to work or perform their job duties, they may be entitled to compensation for lost wages or lost earning capacity.
  • Pain and suffering: This includes compensation for the physical pain and emotional distress suffered as a result of the injury, as well as any loss of enjoyment of life or loss of marital health (consortium).
  • Punitive damages: In some cases, the court may award punitive damages in addition to the losses listed above. These are “punishment” fees charged if the injury was caused by intentional or reckless conduct on the part of the defendant. 

The specific damages sought in a traumatic brain injury case will depend on the facts and circumstances of your injury, as well as the skill of the attorney representing you. For more information on the types of TBI cases we regularly handle at the Smith Law Center, see the next section. For direct advice, call or contact our Virginia brain injury lawyers at (757) 244-7000.

Contact the Smith Law Center at (757) 244-7000
to schedule a free consultation to discuss your legal options.

What Kind of Accidents Can Virginia Brain Injury Lawyers Handle?

Our Virginia brain injury lawyers can handle a wide range of accidents that result in head, neck, spine, and brain trauma, including:

  • Car, truck, motorcycle, and bicycle accidents: Vehicular accidents are a leading cause of traumatic brain injuries, and a brain injury lawyer can help victims of auto accidents seek compensation for their injuries.
  • Slip and fall accidents: Slip and fall accidents can happen anywhere, like around swimming pools. A brain injury lawyer helps determine who can be held legally responsible for the injuries and compensation. The Smith Law Center has previously achieved the largest slip and fall verdict in Virginia history.
  • Workplace accidents: Brain injuries can occur in many different types of workplace accidents, including falls, machinery accidents, construction accidents, and other occupational hazards. Our lawyers can help workers who have suffered brain injuries on the job seek compensation from their employer or other responsible parties.
  • Sports injuries: Athletes are at risk for traumatic brain injuries, especially in contact sports like football and hockey that risk CTE injuries. A brain injury lawyer can help athletes and their families seek compensation for their injuries.
  • Medical malpractice: Brain injuries can also be caused by medical malpractice, such as errors during surgery or childbirth. A brain injury lawyer can help individuals, parents, and families harmed by medical malpractice provide the best life possible going forward.

It’s important to note that this is not an exhaustive list, and the brain injury attorneys at the Smith Law Center can handle many other types of accidents and injuries. If you or a loved one has suffered a traumatic brain injury, it’s important to reach out to an experienced TBI lawyer to determine your legal options and seek the compensation you deserve.


According to the Virginia Department of Veterans Services (DVS), every year, 28,000 Virginians sustain a brain injury. Over 5,000 of these injuries require hospitalization, and more than 1,400 are fatal.

Hundreds of thousands of Virginians live with a disability resulting from traumatic brain injury. An experienced attorney from the Smith Law Center can help secure the funds necessary for the dignified care of brain injury survivors and their families. Call us at (757) 244-7000 to discuss your options.

What Does a Virginia Brain Injury Attorney Do for Your Case?

A brain injury attorney can provide valuable assistance throughout the legal process, including the work needed to:

  • Investigate the case: Your Virginia brain injury attorney can conduct a thorough investigation of the accident or incident that caused the injury. We gather evidence, interview witnesses, and compile the information into a strong case for compensation.
  • Evaluate damages: An experienced TBI attorney can help calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and other factors like the effect of economic inflation on future care costs.
  • Negotiate with insurance companies: Insurance companies or workers’ compensation representatives may try to offer a settlement that is lower than what you deserve. Our brain injury attorneys verify the true worth of your injuries, and can negotiate with the insurance company to ensure that you and your family aren’t shorted.
  • File a lawsuit: If necessary, a brain injury attorney can file a lawsuit. Over 95% of personal injury cases are settled before they go to trial, but officially filing suit may be the best way to encourage the other side to settle fairly. This action can help ensure that you receive the maximum compensation possible.
  • Represent you at trial: Brain injury cases often require expert testimony to establish liability or damages at trial. We can identify and hire qualified expert witnesses who can provide testimony to support your case, and argue on your behalf in front of a jury or judge if that is the best way to secure what you need.

You only have one opportunity to bring a lawsuit and secure the compensation necessary for a potentially life-long injury. The brain injury attorneys at the Smith Law Center can provide essential support and guidance throughout the legal process, and seek the compensation you deserve as soon as possible.

Contact an Experienced Virginia TBI Lawyer

A key function brain injury attorneys provide is identifying the party responsible for your injuries and holding them accountable. For instance, the cause of your accident may be a reckless, drunk, or distracted driver. If an athlete sustains a concussion and is allowed to play on causing serious brain damage, a sports league or school/university may be liable for an injury. A negligent business owner or premises manager may have caused a fall by leaving an obstruction or a wet floor or not complying with building codes. 

If you or a family member suffered a traumatic brain injury caused by the negligence or recklessness of another person, an experienced Virginia brain injury lawyer can help.

At The Smith Law Center, we’ve been supporting families in their recoveries from traumatic brain injuries for more than 40 years. Our firm’s founder Stephen M. Smith is a graduate of Marquette University’s Neuro Anatomical Program, providing a unique insight into brain injury cases and what our clients truly need from a legal settlement.

You deserve experienced litigators with proven results. The Smith Law Center has achieved record-breaking verdicts and settlements, including a $14,590,000 award for a Manassas, Virginia client who suffered a brain injury after a defective tire motorcycle accident. Contact us today to receive a free legal consultation — one call could be the first step toward the justice you deserve. 

What are different levels of brain injury?

Traumatic brain injury (TBI) can be classified into different levels of severity based on the extent of damage to the brain. A mild TBI, also known as a concussion, can be fully from within a few weeks. A moderate TBI typically can take several months or longer to recover, and some people experience long-term complications like memory loss. A severe TBI can take years to treat symptoms like severe cognitive impairments and physical disabilities, and some people may never fully recover.

What are non-traumatic brain injury causes?

An acquired brain injury (ABI) describes a brain injury that occurs after birth, and can refer to other types of brain injuries that are not the result of physical trauma. ABIs can result from other forms of accidents like near-drowning or anoxic/hypoxic birth injuries, or ailments such as cancer, stroke, aneurysms, and infections. 

If you believe your non-traumatic brain injury is the result of someone else’s negligence, our attorneys can investigate your case and advise you on a legal path to recovery.

What are the long-term psychological effects of traumatic brain injury?

The long-term effects of traumatic brain injury can include a wide range of psychological and neurological complications, such as depression, mood swings, hallucinations, headaches, sleep disorders, and seizures. Memory loss and sensory disorders can contribute to learning difficulties, and personality disorders, dementia, and psychosis can severely harm a person’s enjoyment of life.

How long do I have to bring a brain injury lawsuit claim in Virginia?

Under section 8.01-243 of the Code of Virginia, adults have 2 years from the date of their brain injury to file claims for compensation. This same statute sets a five-year statute of limitations on brain injury claims brought by a parent, guardian, or legal executor on behalf of an infant.

The clock is ticking on your option to pursue compensation for your injuries. Contact the Smith Law Center at (757) 244-7000 right away — we can give you important legal advice, and potentially offer representation. Once you are represented, it’s your lawyer’s job to know and meet all deadlines associated with your case, freeing you to heal in peace.

Proudly Serving Hampton, VA for Over 70 Years


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.


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.

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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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