Charleston Brain Injury Lawyer

Charleston Brain Injury Attorney

Anyone who has suffered a brain injury knows just how debilitating it can be. If your injury was caused by someone’s negligent or irresponsible actions, you may be entitled to recover the losses you incurred as a result of your injury. Talk to a Charleston brain injury lawyer to determine if your case has the potential for a successful settlement.

Wooton, Davis, Hussell & Johnson, PLLC, is an established Charleston personal injury law firm that knows how to navigate the legal system and obtain the compensation our clients have a right to receive.

With over 100 years of collective experience and 40 years of serving WV, we are one of the top law firms in the area. We’ve worked countless successful cases and recovered millions of dollars for our clients, meaning our team has the knowledge and the resources to succeed.

What Is a TBI?

When the brain is impacted by a sudden external force that causes damage to the brain, it is commonly referred to as a traumatic brain injury, or a TBI. There are different degrees of TBIs, including a mild TBI, which is also referred to as a concussion or mild concussion. A mild TBI can cause a patient to lose consciousness or experience confusion. They may feel dizzy, experience a headache, feel fatigued, have memory problems, or even exhibit mood changes.

Moderate to severe TBIs involve longer bouts of unconsciousness and life-threatening conditions. They may even cause permanent brain damage. Those who suffer from moderate to severe TBIs may experience diminished motor skills, problems with their speech or language, cognitive abilities, and/or a change in their personality. These injuries can result in a coma.

Common Causes of TBIs

The most common causes of TBIs include slip and fall accidents, especially in older adults and children; automobile accidents; sports injuries; physical alterations; gunshots; and military accidents, such as explosive blasts.

Common Symptoms of TBIs

TBI symptoms can be blatantly obvious, but it’s often hard to notice when someone has suffered a TBI until much later. This is why it’s important to be examined by a medical professional immediately following any accident, especially those that involve a traumatic impact on the head. Some of the most common symptoms of a TBI are:

• A severe headache that doesn’t get better or gets worse over time
• Concentration, problems, or memory loss
• Extreme difficulty focusing
• Loss of consciousness
• Difficulty understanding or speaking (i.e., slurred words)
• Nausea
• Inability to sleep
• Irritability and extreme mood changes

If you have suffered a brain injury, the Charleston Area Medical Center can provide comprehensive inpatient and outpatient treatment and rehabilitation services. It is located at 800 Pennsylvania Avenue, Charleston, WV, 25302.

For more severe injuries, though, the West Virginia University Rockefeller Neuroscience Institute has physicians and equipment focused on treating and caring for patients with concussions and other TBIs. It is located at 33 Medical Center Drive, Morgantown, West Virginia, 26505.

What Losses Are Recoverable in a Traumatic Brain Injury Claim?

Depending on the circumstances of your case, there are a number of economic and non-economic losses you can recover as a personal injury victim. For instance, medical bills relating to your TBI, the costs of long-term treatment, lost wages, and loss of future wages are common economic losses.

Non-economic damages include things like pain and suffering, which refers to physical pain and emotional distress. Other non-economic damages include loss of enjoyment of life and mental anguish. West Virginia law puts no cap on non-economic damages in West Virginia, though there are some specific instances in which a cap may apply.

Why You Need a Brain Injury Lawyer

A brain injury lawyer  in Charleston can help you with your brain injury case in many capacities. Navigating the legal system can be hard enough, even with an attorney, but depending on the severity of your injury, it may seem almost impossible without legal representation. Your lawyer can:

• Handle the initial filing of your claim, ensuring everything is properly submitted to the proper office or department
• Employ third-party professionals like an accident reconstructionist to investigate the cause of the accident and establish liability
• Evaluate the extent of your damages, including collecting medical records and consulting with medical professionals, to get an accurate idea of future treatment and rehabilitation costs. They may also determine your future ability to earn an income.
• Negotiate with insurance companies to achieve a settlement that is worthy of your damages
• Litigate on your behalf if necessary
• Keep you informed about your case and stay on top of deadlines

FAQs

Q: How Do I Prove a TBI for My Personal Injury Claim?

A: To prove a TBI in a personal injury claim, the plaintiff must be able to show medical proof of the existence of an injury and, furthermore, link it to the incident in question. Medical documentation that diagnoses the TBl will likely be required, along with validation of symptoms either by test results or testimony from a medical professional verifying the conditions and symptoms.

Q: What Is the Average Settlement for a Traumatic Brain Injury?

A: It’s tough to determine an average settlement for a traumatic brain injury because there are so many factors that can ultimately affect the dollar amount. These include the amount of damages incurred, the at-fault percentage of the plaintiff, the willingness of the insurance provider to negotiate, and the non-economic losses that can enhance a settlement. Speak to an attorney to get a realistic estimate of your claim.

Q: What Qualifies as a Brain Injury?

A: A traumatic brain injury, or TBI, is a sudden, physical impact that occurs with an external source and causes damage to the brain. It is one of the most common injuries in slip and fall accidents, especially in older adults, and it can lead to disability or death. TBIs may include a number of brain injuries, including skull fractures, mild concussions, brain contusions, diffuse axonal injuries, hematomas, and others.

Q: Are Traumatic Brain Injuries Common?

A: Yes, traumatic brain injuries are more common than many people realize. There are two to four million new TBIs each year, and 5.3 million Americans are currently living with a disability due to a TBI. Of those, almost 70,000 die every year, and 220,000 are seen in the hospital annually. Research shows that hospital charges are roughly 13 times higher for injured motorcyclists who suffer from TBIs.

Reach Out to a Trusted Brain Injury Attorney

A brain injury of any kind can leave you with diminished capabilities. If your injury was someone else’s fault, you may be able to recover most or all of the losses you incurred as a result of their negligence. Discuss your case with a trusted Charleston brain injury lawyer who knows the law and understands exactly what you are up against. Call Wooton, Davis, Hussell & Johnson, PLLC, and schedule a meeting with our legal team.