Why Is It Important To Hire A Local Virginia Lawyer For Brain Injury Accident
Key Highlights
- Why is it important to hire a local Virginia lawyer for brain injury accident claims? Local attorneys are aware of Virginia’s very strict “pure contributory negligence” law, which prohibits people from recovering any damages if they were 1% at fault, and as such, local attorneys know how to defeat that defense in Virginia courts.
- Insurance adjusters are very quick to take advantage of unrepresented victims. They do this by recording statements of the victims during their recovery process, pulling their complete prior medical history, and pushing a cheap settlement long before anyone realizes the full extent of their ongoing brain damage.
- Virginia does not use strict multipliers to determine damage for pain and suffering. To maximize settlements for victims, local attorneys know what credible medical experts can do, how to protect victims’ family members’ loss of consortium, and how to project decades of future care costs.
- Brain injury cases from a car accident or medical malpractice require specialized handling. Working with a local law firm ensures that all deadlines will be met for filing, proper expert certifications will be obtained, and proper planning will take place for a post-settlement trust to be established to secure victims’ financial futures.
In one instant, a brain injury fundamentally alters everything, such as how you live your daily life. A person can suffer a traumatic brain injury as a result of a car accident, slip and fall, medical error, or workplace injury, all of which can result in loss of memory, cognitive functioning, personality, and independence. The legal decisions made by Virginia families after a TBI will influence the financial resources available for surgery, rehabilitation, ongoing care, and loss of wages caused by their loved one’s TBI.
We at Tatum & Atkinson Law Firm understand why is it important to hire a local Virginia lawyer for brain injury accident. Our lawyers can pass through very specific nuances of Virginia law, and understanding that the defenses insurance companies typically use against TBI victims is critical for most TBI victims.
Tatum & Atkinson Law Firm provides free consultations to Virginia TBI victims on a no-win, no-fee basis. Call today at (800) 529-0804.
Why Is It Important To Hire A Local Virginia Lawyer For Brain Injury Accident
In comparison to the other states in this country, Virginia has very strict laws regarding personal injury. Due to the strict timeline requirements and fierce defenses against shared fault, it is important to follow the rule of law when seeking to recover damages from traumatic brain injuries (TBIs).
The Pure Contributory Negligence Trap
Virginia is one of only a few states that uses the rule of pure contributory negligence. If a TBI victim is found to be at fault, even by 1%, they lose all rights to any type of damages. Therefore, this allows the insurance companies to use minor details and derail an otherwise legitimate claim.
Strict Statutes of Limitations
Virginia has a two-year statute of limitations on personal injury claims. If you do not file your claim within this time period, you lose your right to sue. Therefore, it is very important to monitor your case closely and file your claim as soon as possible.
The Power of Local Counsel
Many out-of-state lawyers do not know the various unique laws in Virginia regarding general liability. Local traumatic brain injury lawyer Virginia has the ability to understand those laws and represent their clients appropriately in court, and will maximize their clients’ settlements because they know how to anticipate what the defendant will use as a defense.
How Virginia Insurance Companies Target TBI Victims
Virginia insurance companies can be very good opponents. When the insurance company finds out that someone has sustained a traumatic brain injury, it will act quickly to limit the company’s exposure.
Understanding the tactics used by Virginia insurance companies is the first step in protecting a Virginia traumatic brain injury claim. Here are some of the common practices of an insurance claims adjuster:
- Contact the victim early: They usually contact the victim early, within days of the accident, while the victim is still in the hospital or suffering from cognitive impairment, in order to record statements that can later be used to diminish the claim.
- Request broad medical authorizations: This permits searching through years of previous medical records for any pre-existing conditions that could be connected to the brain injury.
- Present low settlement offers early: Before there is full knowledge of the overall extent of any long-term disability due to the brain injury, in order to quickly close out the claim.
- Hire their own neurological experts: To claim that the injury is less severe than the claimant has described, or to show that the symptoms after the injury were not consistent with the accident.
A local head injury accident lawyer Virginia has extensive experience responding to these types of tactics against the same insurance carriers and in the same state.
What to Avoid After a Virginia Accident
According to our Founding Attorney Robert Tatum, Many Virginia accident victims hurt their case without realising it, even before they speak to a Virginia TBI compensation lawyer. To protect your rights in Virginia, avoid these four mistakes that are the most common and can be very costly:
- Give recorded Statements: Don’t give a recorded statement to the other party’s insurance company unless you have a concussion injury lawyer Virginia representing you. Anything you say could reduce your payout.
- Taking the First Settlement Offer: Don’t take the first settlement offer made to you. The first settlement offered in most Virginia brain injury cases is significantly lower than what the claim is worth and does not account for things such as lost earning capacity, long-term disability, and future medical expenses.
- Posting on Socials: Don’t post anything about the accident or injury or even your daily activities on social media. Defence investigators monitor social media accounts and will use the posts and pictures against you to argue that you are exaggerating your injury.
- Signing General Release: Don’t sign a general release until you understand what you’re signing. By signing the release, you waive any future claims related to this accident, including if the symptoms of your brain injury worsen years from now.
You should talk with your Virginia brain injury lawyer before you talk to the insurance carrier, not after.
Understanding Settlement Offers in Virginia Brain Injury Cases
Settlement offers in these types of Virginia personal injury cases are not random figures, mere guesses by insurance companies. Rather, such settlement offers are based upon documented medical expenses and anticipated future treatment, and on what they think the jury will award, and then they discount that figure aggressively.
When evaluating a settlement offer, a competent brain injury attorney Virginia will take into account the following:
- Every current and future medical expense, rehabilitative treatment, specialist visits, medications, associated surgeries, and assistive technology
- Lost income and the diminishing capacity to earn in the future
- Non-economic damages for pain and suffering, cognitive impairment, and emotional anguish, as these would weigh heavily in Virginia injury cases
- Whether the offer reasonably compensates the victim for life-altering, traumatic brain injuries
However, knowing when to reject a settlement offer in Virginia is not an easy task. Only an attorney who specializes in brain injury compensation Virginia will recognize a fair offer and also the right time to push back hard.
What Happens After Rejecting a Virginia Settlement Offer
If a client rejects a settlement offer after consulting with a brain damage accident lawyer Virginia, this does not imply that litigation is the next step. There will continue to be negotiations primarily focused on supplementary materials, additional medical records, and possible mediation with other parties involved in the case.
The general process unfolds as follows:
- The attorney’s demand letter detailing the full amount sought and supporting documents are submitted to the insurance company.
- At this time, the insurer may either change or reaffirm its previously made offer of compensation.
- Mediation is an option if both parties mutually decide to work with a neutral third party to facilitate an agreement.
- If no agreement is achieved between them, our attorneys will file a formal complaint against the defendant in the proper Virginia court
- In the event that negotiations do not produce a satisfactory long term outcome, the case will proceed to discovery, depositions, and trial.
Most cases involving brain injury in Virginia will normally resolve before an appeal is necessary. A lawyer with trial experience will often receive a higher settlement or successful resolution than if they do not have this trial experience or are not viewed by the insurer as capable of going to trial. This is one of the most significant advantages that an experienced catastrophic injury attorney Virginia will provide their client.
How Pain and Suffering and Other Damages Are Evaluated in Virginia
Virginia does not rely on fixed multiplier methods for calculating non-economic damages of any type. To calculate these damages, the courts and juries will evaluate the long-term effects of the brain injury on the victim’s ability to live independently and the credibility of the medical evidence presented.
Severe brain injuries that result in long-term cognitive impairment or personality changes generally receive high values in severe brain injury settlement Virginia when the claim is supported by a strong narrative from a neuropsychologist and a life care planner.
The law in Virginia also recognizes that a traumatic brain injury may cause a significant disruption in family dynamics and can hurt the family unit. As a result, family members may be able to hire personal injury lawyer brain injury Virginia as well. These damages are usually not claimed, so retaining an experienced brain injury attorney is essential for pursuing this vital method of recovering damages.
Long-Term Disability, Future Costs, and Financial Planning After a Virginia Brain Injury Settlement
When you file a serious brain injury compensation claim in Virginia, it is important to account for future expenses beyond just paying for your current medical bills in your settlement.
Some things that may be included are:
- Long term disability brain injury Virginia e.g., inability to return to work in the same capacity, or at all
- Future medical treatment and monitoring of your condition for potentially decades
- In-home care or assisted living expenses
- Adaptive equipment, home modifications/transportation
- Psychological and emotional treatment for both you and your family members
As soon as you receive your settlement, the next step in your financial planning process is still just as important. A properly set-up structured settlement, special needs trust, and coordinated benefit plan help make sure that the money from a lump sum award is not used up on unnecessary purchases, structured improperly, or cause an increase in taxes or affect eligibility for government programs. Look for a Virginia brain injury law firm that has developed relationships with financial professionals specializing in managing these types of settlements.
Medical Malpractice and Virginia Brain Injury Cases
Medical malpractice brain injury cases in Virginia occur as a result of a surgical error, an error made with anesthetic, not providing enough oxygen for the baby during birth, not diagnosing intracranial bleeding quickly enough, and failing to identify the symptoms of stroke or hemorrhage.
Virginia has additional procedure requirements when handling these types of cases than negligence cases do. Medical malpractice cases in Virginia require expert opinion certification before a lawsuit can actually be filed; this differs from the statute of limitations applicable to most negligence cases. If you hire an attorney who practices only standard personal injury law, that attorney may not have the experience necessary to effectively handle a medical malpractice brain injury Virginia claim.
The lawyers at Tatum & Atkinson are experienced in both accident-based brain injury claims and medical malpractice brain injury claims, which will provide access to the specialized representation needed for Virginia residents who sustain brain injuries resulting from negligence by medical professionals.
Understanding Car Accident Brain Injury Claims in Virginia And What Makes Them Different
Most traumatic brain injuries in Virginia occur due to vehicle crashes. Car accident brain injury claims in Virginia include many more complications than standard automobile accidents.
- You must prove that the TBI occurred because CT scans generally do not show mild to moderate TBIs upon initial examination, which makes it difficult for the insurance company to acknowledge.
- You must provide expert testimony and imaging analysis to establish that the brain injury is directly related to the motor vehicle collision.
- Addressing the Virginia contributory negligence rule in accident reconstructions as well.
- Dealing with underinsured/uninsured motorist coverage if the at-fault motorist is undersecured.
With extensive experience handling TBI claims resulting from motor vehicle accidents, our experienced car accident brain injury lawyer Virginia also knows which accident reconstruction specialists and neurologists have credibility in Virginia courts and how to build your case for success.
Average Brain Injury Compensation in Virginia And What to Realistically Expect
In Virginia, there is no set amount for a brain injury claim in Virginia because everyone’s case varies, but most claim values will generally be categorized by severity of injury.
Below are some examples of average brain injury claim values based on severity:
- $20,000 – $75,000 for mild concussions with complete recovery
- $100,000 – $500,000 or more for moderate traumatic brain injury (TBI) cases, which still have some residual effects and require extended rehabilitation
- For severe or catastrophic brain injury cases, $1 million to several millions are not uncommon for injuries that result in permanent disabilities
A competent Virginia injury law firm brain injury cases tackle by conducting a thorough analysis of your case and providing you with an accurate estimate of your potential settlement amount.
Why Tatum & Atkinson Is the Right Choice for Virginia Brain Injury Victims
Tatum & Atkinson Law Firm specializes in personal injury law. Our experienced staff understands how both local courts function and how insurance company systems work. This allows us to develop strong Virginia brain injury cases based on evidence that leads to positive results for TBI victims and their families.
We at Tatum & Atkinson Law Firm understand why is it important to hire a local Virginia lawyer for brain injury accident. We are aware of the ins and outs of Virginia and operate on a contingency fee basis, meaning you do not have to pay any upfront costs unless we recover compensation for you. Contact Tatum & Atkinson Law Firm if you or a loved one is a victim of traumatic brain injury in Virginia.
Contact Tatum & Atkinson for a free, no-obligation consultation, call (800) 529-0804. Our team is here to help you understand your rights and your options.
Frequently Asked Questions!
What Are the Legal Strategies That Influence Virginia Injury Case Success?
The outcome of Virginia brain injury cases is determined by five major factors: adequate liability documentation; early retention of experts; successfully countering contributory negligence claims; strategic use of medical evidence; and thorough damage calculations, including future costs.
What Injuries That May Never Fully Heal?
Traumatic brain injury, spinal cord injury, permanent nerve injury, severe burn injury, and amputation rarely achieve full recovery, and these injuries often require lifelong medical management and have a devastating effect on quality of life.
What Are The Most Severe Injuries in Virginia Accident Cases?
The most catastrophic injuries in Virginia vehicle accidents usually consist of a traumatic brain injury (TBI), a spinal cord injury (SCI), damage to internal organs, severe fractures, or crush injuries. They also frequently result in long-term disability and require lifelong assistance from caregivers.
How Pain and Suffering Damages Are Evaluated in Virginia?
Courts evaluate various elements when determining the amount of pain and suffering to award: injury severity, medical evidence, the length of time pain and suffering has lasted, and how these factors affect an individual’s daily activities. There is no formula; juries apply broad discretion, informed by credible experts and witnesses.
How Long Does a Personal Injury Case Take in Virginia?
Simple cases can settle in six months to one year. Complicated and contested or litigated Virginia traumatic brain injury claims generally take longer to resolve, one to three years.
