No accident is easy to handle, but when your accident results in a brain injury, any task feels like an overwhelming obligation. For legal help, the brain injury lawyers serving Midlothian, VA, from The Pendleton Law Team are readily available to assess your case.
Our team is composed of personal injury lawyers serving Midlothian victims since 2011 with dedication and compassionate support. Have you been in an accident that ended in a brain injury and other losses? Trust our “Heavy Hitters®” to present you with strong legal options while you recover.
Do Brain Injury Lawsuits Require an Attorney?
When it comes to brain injury lawsuits, it’s a good idea to have an attorney on your side. While it’s not a legal requirement, having a lawyer can really make a difference in your case and protect your rights.
Some of the benefits of hiring a lawyer for your Midlothian brain injury case include:
- We Know the Ins and Outs: Brain injury cases can be tricky to handle, with lots of legal and medical jargon involved. An experienced attorney who successfully manages personal injury cases knows the ropes. We understand brain injuries, the legal requirements, and what kind of compensation you might be entitled to.
- We Gather the Evidence: Building a strong case requires gathering evidence. Our attorneys have the knowledge and resources to collect medical records, specialist opinions, witness statements, and other important evidence to support your claim. We can also work with medical experts to assess the long-term impact of your brain injury.
- We Deal with the Insurance Companies: Insurance companies often try to pay as little as possible. With an attorney by your side, you have someone who can negotiate on your behalf and make sure you get fair compensation for your brain injury. We fight for current and future care needs.
- We Are Your Courtroom Champion: If your case goes to trial, having The Pendleton Law Team on your side is beneficial. We’ll be there to present your case, question witnesses, and make arguments on your behalf.
For a Free Legal Consultation
Call The Personal Injury Lawyer Hotline.
804-250-5050
How Much Does a Brain Injury Lawyer Serving Midlothian, VA, Cost?
We work on a contingency fee basis. That means we only get paid if we win your case.
This arrangement makes it easier for people with limited finances to access legal representation without worrying about upfront costs.
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Timeline and Deadlines for a Successful Brain Injury Case
The duration of a brain injury lawsuit can vary depending on several factors, but the deadline for filing a brain injury claim in Virginia is more important.
The statute of limitations for Virginia is two years, but the timeline can be influenced by various circumstances. The following factors can affect the duration of a brain injury lawsuit:
Case Complexity
The complexity of the case can impact the timeline. If there are multiple parties involved, extensive medical evidence, or disputed liability, it may take longer to resolve the lawsuit.
Medical Treatment and Recovery
The length of time it takes for a brain injury victim to receive medical treatment and reach maximum medical improvement can affect the timeline.
Negotiations and Settlement Discussions
The negotiation process with insurance companies or the opposing party can take time. Both sides may need to exchange information, assess the damages, and engage in settlement discussions before reaching an agreement.
Court Proceedings
If the case goes to trial, the court’s schedule and availability can impact the timeline. Court proceedings involve various stages, including filing the lawsuit, discovery, pre-trial motions, and the trial itself. The court’s caseload and other factors can influence how long it takes to reach a resolution.
Lastly, if either party decides to appeal the court’s decision or file post-trial motions, it can further extend the timeline of the lawsuit. Given these factors, brain injury lawsuits can take anywhere from several months to several years to resolve, but working with an experienced personal injury attorney can help streamline the process.
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What Must Be Proven to Win a Brain Injury Case in Virginia
There are a few key elements that must be proven to win a brain injury case in Virginia. These include:
- Duty of Care: You must establish that the defendant owed you a duty of care. In other words, you need to show that the defendant had a legal obligation to act reasonably and responsibly to prevent harm.
- Breach of Duty: You must demonstrate that the defendant breached their duty of care. This means showing that they failed to act in a reasonable and responsible manner, such as through negligence or intentional misconduct.
- Causation: You need to establish a causal link between the defendant’s breach of duty and your brain injury.
- Damages: You must provide evidence of the damages you have suffered as a result of the brain injury. This can include medical expenses, lost wages, pain and suffering, and any other losses or hardships you have experienced.
It’s important to note that Virginia follows the principle of contributory negligence. If the court finds that you were even partially at fault for the accident or injury, recovering damages could be denied.
It’s advisable to gather as much evidence as possible, including medical records, medical opinions, witness statements, and any other relevant documentation. Working with an experienced brain injury attorney serving Midlothian victims can greatly assist you in navigating the legal process and presenting a strong argument to win your case.
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Learn How Much Money Your Brain Injury Settlement Could Be
The Pendleton Law Team has helped many Midlothian victims recover the following expenses upon filing an injury claim:
- Medical costs for therapy, surgeries, rehabilitation, and more
- Pain and suffering
- Lost wages, including future missed income
- Diminished quality of life
- Property modifications
- Punitive damages
- Loss of consortium
If you or a loved one has been severely injured following an accident in Midlothian, brain injury attorneys from our firm are willing to come to you and discuss the value of your settlement during a complimentary consultation session.
Learn your rights and legal options for free by contacting us today!
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