Have you sustained brain trauma as a sports injury, in a workplace accident, or in a motorcycle wreck? If you were harmed by someone’s negligent behavior, you may qualify to collect financial damages. Personal injury victims can meet with our brain injury lawyer following a York mishap for free legal guidance in a complimentary consultation.
The Pendleton Law Team has traumatic brain injury lawyers ready to refer you to medical experts who will assess your types of injuries and provide ongoing care. While you recover, we will fight to recoup money for future expenses.
Don’t suffer the devastating consequences of brain trauma alone; allow our York personal injury lawyers to put their successful track record and extensive experience to use to fight your claim.
York Legal Rights That Brain Injury Victims Must Know
Our brain injury attorneys don’t hold back on explaining your legal rights. To safeguard you from the unethical tactics of the insurance company and position you to receive fair compensation for medical bills, loss of income, and emotional distress, keep the following components of a York brain injury lawsuit in mind:
Determining Negligence
Any legal claim involving damage or injury must consider negligence as a key element. In order to establish carelessness, it must be proven that the defendant violated a duty of care given to the plaintiff and that this violation directly contributed to the injury. The court will consider whether the defendant behaved in the manner that another reasonable person would have in the same circumstance.
Statute of Limitations
The statute of limitations in York, VA, is two years, and this includes cases involving brain damage. This means that the injured party must submit their claim within two years of the accident date in order to preserve their ability to pursue compensation. Victims should be informed that if the harm is not immediately apparent, as in cases of traumatic brain injury, this timetable may be extended.
Contributory Negligence
Virginia is a contributory negligence state. This means that if you are found to be even partially responsible for the injury, you may be barred from recovering a compensation package. The courts will weigh the degree of responsibility attributed to each side in making their ruling.
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Impactful Settlement Categories for Brain Injuries
Traumatic brain injuries can range from a mild concussion to a life-threatening permanent injury. In 2021, they claimed the lives of over 69,000 Americans, according to the Centers for Disease Control and Prevention (CDC). This personal injury is commonly sustained in many types of accidents and often leads to medical expenses that impact the amount of your settlement.
The following components can increase your compensation package:
Brain Injury Type
Brain injuries can be classified as either a traumatic brain injury (TBI) or an acquired brain injury (ABI). A blow to the head or a deep head wound are two examples of external forces that can impair the brain’s normal function and result in traumatic brain injuries. Internal issues like a stroke or lack of oxygen might result in acquired brain damage.
Your compensation package may differ greatly depending on the kind of brain injury that you sustained.
Brain Injury Symptoms & Recovery Time
The symptoms that victims endure and how long it may take to recover both play a major role in figuring out how much your brain injury claim is worth. Symptoms that result in a larger settlement are persistent and may include the following:
- Disorientation
- Mood swings
- Difficulty sleeping
- Drowsiness
- Loss of memory
- Sensitivity to light or sound
- Loss of coordination
- Speech impediments
- Seizures
- Loss of consciousness
- Numbness or weakness in extremities
- Radiating headaches
This is a non-exhaustive list of symptoms of a brain injury. You should visit the doctor immediately if you have sustained any impact on your head so that you can be properly diagnosed and treated.
Brain Injury Causes
Automobile accidents, slips and falls, sports-related injuries, physical assaults, occurrences involving objects hitting the head, and explosions are some common incidents that result in traumatic brain injuries.
The underlying cause of acquired brain injuries is an internal problem that interferes with the brain’s regular operation. These problems include meningitis, oxygen deficiency, malignancies, and strokes. In cases like these, workplace injuries or medical negligence could have led to such conditions.
Head injuries pose a significant risk to one’s health and may have permanent effects. Your rights will be clearly explained to you, and our knowledgeable head injury lawyers will be able to determine the true value of your York claim.
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Compensation Offered To Brain Injury Survivors
Brain injury victims are entitled to financial support for their medical expenses, lost wages, and suffering.
Depending on the details of the case, additional compensation can be offered in addition to these categories. Included in this are, but are not limited to:
- Loss of consortium
- Rehabilitation costs
- Compensation for permanent disfigurement, disability, or scarring
- Compensation for having to change career paths due to the injury
- Punitive damages, in certain cases
- Loss of enjoyment of life
- Home and auto modifications to accommodate physical disabilities
Brain injuries can be devastating and greatly impact your quality of life. After a severe brain injury, it is essential that you receive legal representation from an experienced brain injury lawyer who will fight to win you maximum compensation for such a catastrophic injury.
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Explore Your Settlement Options During a Free Consultation
If you are already coping with a severe injury to the head, you don’t deserve to pay for the extensive medical care that it may take to recover. Let the Pendleton Law Team live up to its reputation as the “Heavy Hitters®” and hold the liable party accountable. Following a brain injury accident in York, VA, lawyers from our firm can help you take strong legal action.
Contact us to discuss the economic and non-economic damages that are owed to you. We take proper care of our traumatic brain injury victims with comprehensive legal support and tenacity that will get you paid.
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