West Virginia Traumatic Brain Injuries Lawyer
The brain is responsible for all of the things that we find most valuable. Thinking and problem solving, communicating and understanding, movement and sensation, and so much more. If the brain is damaged in an accident, the effects are often not only physically limiting, but also very emotionally trying.
At The Masters Law Firm, our experienced West Virginia traumatic brain injury (TBI) lawyers know how much a brain injury can change your or your loved one’s life. While we understand that nothing can truly compensate someone who suffers a TBI, we can help you recover financial compensation for your losses. Please reach out to us today to learn how we can help.
Types of Traumatic Brain Injuries
The brain is one of the most complicated organs and no two traumatic brain injuries are exactly alike. The effects of a TBI will depend on many different factors, not least of which is the type of traumatic brain injury the person has suffered.
Types of traumatic brain injuries include:
- A concussion injury is one of the most common types of TBI and occur when the head is hit with an object. A concussion may also be the result of violent shaking of the head or another form of direct blow to the head.
- A contusion refers to bleeding on the brain. Like a concussion, a contusion is usually the result of a direct blow or impact to the head.
- Hypoxic/anoxic. A hypoxic or anoxic brain injury refers to a brain injury that is the result of oxygen deprivation to the brain (anoxia) or a lack of blood flow to the brain (hypoxia). This can happen because of a birth injury, medical malpractice, drowning, carbon monoxide exposure, or suffocation injury.
- Diffuse axonal. A diffuse axonal injury is the result of severe shaking or jarring of the head or strong rotational forces. Shaken Baby Syndrome is the result of a diffuse axonal brain injury. Severe whiplash type injuries can also cause diffuse axonal brain injury.
- Coup-contrecoup. A coup-contrecoup injury is a severe brain injury that refers to damage on two parts of the brain directly opposite from one another. The injury occurs when the head is hit with or subjected to such force that the brain slams into the wall of the skull on the opposite side of where the head was hit.
- Finally, a penetration injury occurs when the skull and brain are penetrated by an object, such as a flying piece of equipment, or another sharp object.
Causes of Traumatic Brain Injuries
As evident by the range of brain injury types listed above, there are also a myriad of ways in which a brain injury can occur, including being hit with an object, a violent act, hitting the head against a hard surface, being deprived of oxygen, and being shaken or subjected to rotational forces. Types of accidents that can lead to traumatic brain injuries include:
- Motor vehicle accidents;
- Pedestrian accidents;
- Motorcycle accidents;
- Slip and falls;
- Near-drowning incidents;
- Carbon monoxide poisoning;
- Sports injuries;
- Workplace accidents;
- Defective product accidents; and
- Medical malpractice.
The cause of a TBI will have a significant effect on whether or not the victim has a right to bring forth a personal injury claim for damages. If you are unsure of whether or not you have a claim, please call our lawyers and we can review your case for free.
The Effects of TBI
The effects of TBI will vary greatly depending on the person involved, as well as the severity and the injury. As stated earlier, no two brains are exactly alike, and no two brain injuries–even those that seem very similar–will have the exact same effects. The Centers for Disease Control and Prevention (CDC) explains that a TBI can have various functional short- and long-term effects. Primarily, a traumatic brain injury can have an effect on a person’s thinking, memory, and reasoning; sensation, sight, and balance; language, communication, expression, and understanding; and emotion, potentially causing depression, anxiety, acting out, social inappropriateness, and personality changes.
The above list only hints at how severe a traumatic brain injury may be. A TBI can result in being unable to return to work and suffering lost wages as a result, thousands of dollars in medical expenses, ranging from surgeries to rehabilitation costs, and even being unable to maintain relationships or provide for one’s own physical care. These costs are physical, economic, and non-economic.
Who’s Liable for a Traumatic Brain Injury and Related Damages?
If a person suffers a traumatic brain injury, they may be able to hold another party liable for the injury and related costs if they can prove that their TBI and related damages would not have occurred but for the at-fault party’s negligence. Parties who might be held liable in a traumatic brain injury claim might include the owner of a property that was negligently maintained, leading to a slip and fall; the driver of a car who was drunk, causing an accident; a doctor who failed to monitor a fetus, leading to a hypoxic/anoxic brain injury and more.
Our lawyers can investigate your case, gather evidence to prove the fault of the liable party, and bring forth a claim for damages. It is our job to prove that the at-fault party’s negligence–the failure to exercise the required degree of care–was the proximate cause of the accident in which you were involved, your brain injury, and your related costs, both financial and non-financial.
Call The Masters Law Firm Today
Suffering a brain injury or watching as a loved one struggles to heal from a TBI can be very emotional and taxing. At The Masters Law Firm, our West Virginia traumatic brain injury attorneys empathize with you and your family and want to help you recover a settlement that provides you with the financial freedom to get the care you need and provide for yourself. To schedule a free, no-obligation consultation with our lawyers, please send us a message, visit us in person, or call 304-342-3106 today.