Charleston Brain Injury Lawyer
Brain Injury Attorney in Charleston, WV
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 West Virginia, we are one of the top law firms in the area. We have 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 obvious, but it is often difficult to notice when someone has suffered a TBI until much later. This is why it is 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, Vandalia Health – 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, 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 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 Brain Injury Claim Laws
Brain injury claims in West Virginia are governed by strict rules and regulations, designed to protect both injury victims and defendants, and to promote fairness under the law. There are several brain injury laws you should familiarize yourself with.
The Discovery Rule
In West Virginia, the statute of limitations for filing a brain injury claim is two years from the date of the accident. However, there are several exceptions to this deadline, including the discovery rule. Simply put, this rule grants an extension to the statute of limitations, with the two-year clock tolling until the victim discovers or reasonably should have discovered the injury.
This is especially important in brain injury cases because many of the symptoms aren’t immediately detectable. Cognitive decline and personality changes can take time to manifest or may not be immediately connected to the accident. Keep in mind, however, that the discovery rule does not automatically apply. Your Charleston brain injury attorney will have to convince the court that an extension of the statute of limitations is justified.
The Statute of Limitations for Minors
When a child suffers a traumatic brain injury, the statute of limitations works a bit differently. The two-year deadline for filing a claim does not actually begin until the child reaches the age of 18, as described in West Virginia Code § 55-2-15 (b). This means a child cannot lose their right to pursue compensation for a brain injury while they are a minor. However, there are important considerations for parents or guardians to make despite the tolled deadline.
One thing to keep in mind is that evidence can be lost, and witnesses’ memories can fade. The longer you wait, the harder it can be to secure proof of liability and the more likely it is that witnesses won’t recall all of the necessary details to establish the negligence of the defendant. So, while you have until the child turns 20 to file a brain injury claim, it may be wise to pursue action as soon as possible to make sure you can provide all the evidence you need to succeed in court or settlement negotiations.
The 51% Modified Comparative Negligence Rule
West Virginia follows a modified comparative negligence rule, which directly affects how compensation is calculated in brain injury cases. Under this rule, an injured person can only recover damages if they are no more than 50% at-fault for the accident. If an injury victim is 51% or more at-fault, then they are barred from recovering damages. Their compensation award is reduced by the percentage of fault assigned to them.
For example, if you were awarded $100,000 for your brain injury claim but were found to be 10% at fault, then your actual reward would be $90,000. Understanding how this rule works is vital to your brain injury case. Even a small shift in fault allocation can mean you are missing out on a significant amount of compensation.
Working with an experienced attorney can protect your rights, prevent insurance companies or defendants from unfairly assigning you blame, and help you secure the compensation you are entitled to.
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, properly submitting everything to the proper office or department
- Employ third-party professionals, such as 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 in Charleston?
A: To prove a TBI in a personal injury claim in Charleston, 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 in Charleston, WV?
A: It is difficult to determine an average settlement for a traumatic brain injury in Charleston 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 in Charleston?
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 an average of 3 million emergency room visits for TBIs each year, and 5.3 million Americans are currently living with a disability due to a TBI. Many TBIs are caused by falls, motor vehicle accidents, firearms, and assaults.
Hire a Brain Injury Lawyer Today
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. Hire a 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.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
Charleston, WV Brain Injury Legal Resources
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