When someone suffers from a brain injury, it can often lead to lifelong consequences. These individuals and their families must deal with physical, emotional, and financial strain. If another person was responsible for the damage, that makes it even more heartbreaking.
If you or a loved one has suffered a brain injury due to an accident, medical malpractice, physical attack, or other malicious action, you need skilled legal assistance.
At DiPiero Simmons McGinley & Bastress, PLLC, our legal team is ready to assist. We are here to help you pursue the compensation you rightfully deserve.
Our empathetic team will support you while you focus on healing. When you are ready, make sure to contact our office to speak to a Charleston, WV brain injury lawyer today.
What Is a Brain Injury?
The answers should be simple but can be a little more involved than previously thought. A brain injury, also known as a traumatic brain injury (TBI), occurs when the body experiences a forceful impact.
These injuries can be the result of a fall, a vehicle accident, or a violent attack.
According to the National Institutes of Health, traumatic brain injury is the leading cause of death and disability in the United States. Every year, about 1.5 million people suffer from these injuries. Unfortunately, 5 million Americans will live with lifelong disabilities related to a TBI.
Brain injuries do vary in intensity. For that reason, there are several types of these conditions.
Mild Traumatic Brain Injury
These injuries are also called concussions. In these cases, the brain experienced a brief disruption to normal activity after a blow to the head. While they are milder than other brain injuries, concussions still have major short- and long-term effects on the victim.
Typically, these injuries will have the following symptoms:
- Headache
- Nausea or vomiting
- Fatigue or drowsiness
- Difficulty with speech, such as slurring words
- Dizziness or loss of balance
- Blurred vision, ear ringing (tinnitus), or increased sensitivity to light or sound.
- Mood changes or memory problems
If you suspect a concussion, you need to get medical attention immediately. While many concussions resolve on their own with rest and time, you will want to rule out more severe brain injuries.
Moderate to Severe Traumatic Brain Injuries
These traumatic brain injuries cause more damage to brain tissue. Often, they can have effects on cognitive and physical functioning. In addition to the symptoms associated with mild TBI, these injuries may involve:
- Loss of consciousness
- Persistent headache
- Repeated vomiting
- Seizures
- Clear fluids draining
- Weakness or numbness
- Confusion or agitation
If someone may have a severe head injury, they need urgent medical assistance. Immediate medical care is essential to stabilize the individual and prevent further damage.
The Effects of Brain Injuries and Long-Term Outlook
Traumatic brain injury can cause physical, cognitive, and emotional changes. The treatment depends on the severity of the injury and the individual’s overall health. They may involve rest and over-the-counter headache pain relievers if the injury is mild. Close monitoring at home for persistent or worsening symptoms is a vital part of the process.
However, for moderate to severe injuries, hospitalization and immediate medical attention are necessary to stabilize the patient. Immediate surgery may be needed to remove blood clots, repair skull fractures, or relieve pressure.
Additionally, extensive rehabilitation is part of the treatment process. The process may involve:
- Physical therapy to help regain strength, coordination, and mobility.
- Occupational therapy focuses on daily living skills, such as dressing, grooming, and cooking.
- Speech therapy can address communication and swallowing difficulties.
- Psychotherapy may assist in coping with emotional and behavioral changes.
Unfortunately, the long-term outlook for brain injuries will vary. Some individuals recover fully, while others may have lasting effects on cognition, motor skills, or emotions.
Both traumatic and acquired brain damage can result in physical challenges, such as weakness, balance issues, or paralysis. Along with that, there could be mental challenges, such as memory loss, mood changes, or difficulty concentrating.
Many victims of brain injury must also deal with lifestyle adjustments. They might never fully recover and return to the life they once knew. Sometimes, they may need long-term care to assist with their daily needs. No matter the severity of the injuries, TBIs come with long-term consequences.
If you or a loved one has been affected by a brain injury, contact the team at DiPiero Simmons McGinley & Bastress, PLLC.
Who Is Liable for My Brain Injury?
If the brain injury resulted from someone else’s negligence, such as a car accident, slip and fall, or medical malpractice, the responsible party may be liable.
To establish negligence, your Charleston, WV brain injury attorney must prove that the defendant owed you a duty of care. In other words, there is a legal obligation to act reasonably. And, that they breached that duty by acting negligently or recklessly, which directly caused your brain injury.
In some cases, defective products can also lead to brain injuries. The manufacturer or distributor may be liable if a faulty helmet or medical device caused your brain injury. Strict liability may apply in these cases. With these, you don’t need to prove negligence; you only need to prove the product was defective.
Premises liability is another scenario. Property owners have a duty to maintain safe premises. If you suffered a brain injury due to slipping on a wet floor or tripping on uneven pavement, the property owner may be negligent.
Workplace injuries are also common causes of brain injuries. In these cases, you could be eligible for workers’ compensation benefits to help with medical expenses, lost wages, and rehabilitation. In some cases, if a third party caused your work-related brain injury, you can make a separate claim against them.
If someone intentionally caused your brain injury, such as an assault or battery, they may be held criminally and civilly liable.
Also, medical negligence, such as surgical errors, misdiagnosis, or anesthesia mistakes, may lead to brain injuries. In these cases, healthcare providers or facilities may be held responsible.
Finally, if there are unsafe road conditions or inadequate safety measures, you may have a claim against the government entity responsible for maintaining those spaces.
Remember that liability will depend on the specific facts and circumstances surrounding your injury.
For this reason, you should consult with a Charleston, WV brain injury lawyer. After assessing your case, we can help determine who may be responsible for your brain injury.
Compensation Available in These Cases
Several factors come into play when seeking compensation for a brain injury. Most damages awards fall into the economic or noneconomic categories. Economic damages have a calculated value, and they often include:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Future earnings
- Property damage
Along with that, noneconomic damages may also be awarded. These include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
If the brain inquiries resulted in a death, then the family members may be able to pursue wrongful death damages. These awards will account for funeral and burial expenses, loss of financial support, and emotional suffering.
Sometimes, the defendant’s actions were egregious. In those situations, the courts may award punitive damages to punish them for their behavior, as well.
If you would like to know the compensation you can expect for your claim, please consider consulting with a Charleston, WV brain injury lawyer at DiPiero Simmons McGinley & Bastress, PLLC.
Statute of Limitations in West Virginia
Under West Virginia Code Section 55-2-12, the statute of limitations for personal injury, wrongful death, and medical malpractice cases is two years from the date of the injury. This means you have two years from the date of the incident to file a claim.
The deadline is strict. If you don’t file within this time, you could miss out on your chance to recover compensation.
Why You Need an Attorney for Your Case
Suffering a brain injury can be a life-altering experience. These injuries affect your physical health, emotional well-being, and financial stability. Brain injury cases involve intricate personal injury laws, medical terminology, and insurance negotiations. You need an attorney to help guide you through this entire process.
An experienced brain injury lawyer will assess the full extent of your damages, including lost wages, medical bills, pain and suffering, and ongoing care. With that, they’ll fight to secure the maximum compensation you deserve.
Evidence is vital to any personal injury case. An attorney will investigate the accident, consult experts, and build a solid foundation for your claim.
When it comes time to recover competition, you want a skilled brain injury lawyer on your side.
They can negotiate with the insurance company to maximize your payout. If you need to go to court, they will aggressively protect your rights.
When it comes to choosing the eighth lawyer for your Charleston, WV brain injury cases, there is only one choice: DiPiero Simmons McGinley & Bastress, PLLC.
Contact a Charleston, WV, Brain Injury Lawyer
At DiPiero Simmons McGinley & Bastress, PLLC, we understand your challenges after a brain injury.
Our experienced legal team is here to guide you through the process and fight for your rights.
Whether you’re seeking information about potential compensation or wondering if you have a valid claim, we have the answers you need.
Why Choose Us?
- Decades of experience: With over 150 years of combined experience, our dedicated personal injury lawyers have successfully represented clients in Charleston, WV, and beyond.
- Compassionate support: We know that dealing with a brain injury is overwhelming. Let us handle the legal complexities while you focus on healing.
- Thorough investigation: We’ll conduct an extensive investigation, gather evidence, consult with experts, and provide personalized legal advice personalized to your situation.
- Free case assessment: Contact our office to schedule a consultation. We’ll assess your case and discuss your legal options at no cost to you.
Make sure to take your next steps toward justice. Contact our office and speak to a Charleston, WV brain injury lawyer today.
We’re here to fight for you.
