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Key Takeaways
Brain injuries are frequently underestimated by insurance companies, who may argue the injury is minor, preexisting, or unrelated to the accident, making strong medical documentation and early legal involvement critical.
Symptoms of a traumatic brain injury, including memory loss, mood changes, and cognitive difficulties, can worsen over time and may not appear immediately after an accident.
Virginia’s contributory negligence rule means that any fault assigned to the injured person, even a small percentage, can eliminate the right to compensation entirely.
A successful brain injury claim can recover compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, and the long-term impact on daily life and independence.
A brain injury can change how you think, feel, and function long after the accident itself. Many people in Virginia Beach find their daily routines, relationships, and ability to work disrupted in ways they never expected.
At Huffman & Huffman Brothers-in-Law, our Virginia Beach brain injury lawyers represent people facing the lasting effects of traumatic head injuries caused by car crashes, falls, and other serious accidents. We focus on pursuing compensation that reflects not just what happened, but how the injury continues to affect your life.
Why Hiring a Traumatic Brain Injury Lawyer is Essential After an Accident in Virginia Beach
Brain injury claims are very different from other personal injury cases. Traumatic brain injuries are often difficult to diagnose, and symptoms can worsen or change over time. Insurance companies take advantage of this uncertainty, frequently arguing that the injury is minor, preexisting, or unrelated to the accident.
To recover compensation, you must clearly prove that the accident caused the brain injury and show how that injury affects your ability to work, think, and live your daily life. Cognitive and emotional effects, such as memory loss, mood changes, or difficulty concentrating, are especially easy for insurers to minimize without strong medical and legal support.
Virginia’s personal injury laws add to the complexity. If you are found even slightly at fault for your injury, you may be barred from recovering any compensation at all. Mistakes made early in a brain injury claim, including statements to insurers or gaps in medical documentation, can permanently harm your case.
Working with a brain injury lawyer at Huffman & Huffman means having an advocate who understands Virginia law and how these cases are handled in Virginia Beach courts. Our attorneys know how to build credible medical evidence, push back against insurance company tactics, and pursue compensation that reflects the true, long-term impact of a brain injury.
Why Choose Huffman & Huffman for Your Case?
At Huffman & Huffman, our team brings more than 150 years of combined experience in personal injury law to the table. Our law firm has supported injured clients in Virginia Beach and throughout the Hampton Roads region since 1973 and have built a track record of success in all types of injury claims, from car accidents to slip-and-falls. Some of our past results in brain injury cases include:
- $2.5 million recovered for an individual who was struck by an object that fell off a truck
- $1.2 million recovered for a pedestrian who was hit by a car
- $400,000 recovered for an individual hit by a tractor-trailer
We understand how insurance companies operate and the types of tactics they often employ. And we know how to negotiate for the kind of meaningful compensation that can cover the significant losses a TBI can cause.
How Our TBI Lawyers in Virginia Beach Can Help
Huffman & Huffman can manage the claim from start to finish, allowing you to concentrate on your health and your family.
Our brain injury attorneys take the lead on building your case, from gathering accident evidence to coordinating medical records and expert input when needed. We work to present a clear, well-supported picture of how the injury has affected your daily life, your ability to work, and your future.
We also protect you from insurance pressure. All communications and negotiations go through our office, so you do not have to worry about saying the wrong thing or being pushed into an early settlement. Our goal is to pursue compensation that reflects the full scope of your losses, not just the costs you have already paid.
If negotiations do not result in a fair outcome, we are prepared to move forward with a lawsuit and advocate for you in court. Throughout the process, our team keeps you informed and involved, without placing the burden of the legal fight on your shoulders.
Understanding Brain Injuries
Suffering a traumatic brain injury can leave you with questions and concerns about symptoms. What are the types of injuries you can suffer, and what are the most common causes of TBIs?
Types of TBIs
Traumatic brain injuries can range from mild to catastrophic, depending on the nature of the trauma and the area of the brain affected. Common types include:
- Concussions, the most common form of TBI, occur when the brain moves within the skull and disrupts normal brain activity. Symptoms can include cognitive difficulties, mood changes, headaches, and personality shifts.
- Cerebral contusions are bruises to the brain tissue that cause bleeding and swelling. While some contusions may heal with treatment, more severe injuries can place pressure on the brain and result in permanent damage.
- Hematomas involve bleeding in or around the brain and may require emergency medical intervention. These include epidural, subdural, and intracerebral hematomas, depending on where the blood collects.
- Diffuse axonal injuries occur when nerve fibers are stretched or torn due to violent movement of the brain. These injuries often affect multiple areas of the brain and can lead to severe, long-term neurological impairment.
Symptoms of Traumatic Brain Injuries
If you sustain a traumatic brain injury, you might experience numerous physical symptoms, including:
- Nausea
- Vomiting
- Difficulty speaking
- Fatigue
- Dizziness
- Headaches
- Blurred vision
- Ringing in the ears
- Loss of consciousness
- Dilated pupils
- Numbness or weakness in your extremities
You could also deal with cognitive and behavioral symptoms, such as:
- Loss of consciousness
- Trouble sleeping
- Memory or concentration problems
- Depression
- Anxiety
- Profound confusion
The nature and severity of the injury will determine the exact symptoms you experience.
Long-Term Effects of TBIs
Moderate to severe brain injuries can leave you facing long-term health consequences. You might end up with chronic pain, as well as sensitivity to light or sound. Some people develop tinnitus, which causes them to hear a ringing sound constantly.
Your motor skills can suffer, too. You might struggle to maintain your balance and coordination, and you could develop sleep disorders that affect your overall health.
Long-term effects can also impact cognition, leading to memory issues, difficulty learning new things, and deficiencies in reasoning, problem-solving, and planning. It’s also possible to develop mood disorders like depression or anxiety and struggle with interpersonal interactions.
All of these issues can compound to make everyday life more challenging. You may struggle to stay on top of daily tasks or not be able to work in the same capacity as you did before.
Common Causes of TBIs in Virginia Beach
Traumatic brain injuries can occur in a wide range of accidents. Common causes in Virginia Beach include:
- Motor vehicle accidents, including car, truck, and motorcycle crashes. Brain injuries may result from a head impact inside the vehicle or from the violent force of a collision.
- Pedestrian accidents, where individuals are struck by cars, trucks, or other vehicles. These incidents often involve severe head trauma due to the lack of physical protection.
- Bicycle accidents, especially when cyclists are hit by motor vehicles or thrown from their bikes. Even with a helmet, a cyclist can suffer a serious brain injury.
- Falls, including slip and falls and falls from heights. These accidents frequently occur on unsafe property and may involve negligent property owners or managers.
- Workplace accidents, particularly in construction and other high-risk environments. Some cases may involve third-party liability in addition to workers’ compensation.
What Compensation Can Brain Injury Victims Recover?
If you’ve suffered a brain injury, a claim can help you recover compensation for losses caused by the accident. These losses generally fall into two categories.
Economic Damages
Economic damages cover the financial costs associated with your injury. Medical expenses can include hospital bills, surgeries, medications, and ongoing treatments such as physical, occupational, or speech therapy. Severe brain injuries may require long-term care, including in-home support or specialized rehabilitation programs.
Lost wages may be recoverable if your injury prevents you from working during recovery. If a brain injury prevents you from returning to your previous job or forces a career change, compensation can also account for reduced future earning capacity. Depending on your case, other related expenses such as home modifications, assistive devices, or counseling may also be included.
Non-Economic Damages
Non-economic damages provide compensation for intangible losses caused by a brain injury. Pain and suffering can reflect the physical pain, emotional distress, and overall hardship caused by the injury. Brain injuries may also interfere with your ability to enjoy hobbies, social activities, or daily routines, and damages can reflect this loss of enjoyment of life and personal independence.
What Do You Need to Prove in TBI Cases?
To succeed in a brain injury case, you must show that another party’s negligence caused your injury and the resulting losses. This involves several key elements:
- Establishing Liability: You must demonstrate that the at-fault party owed you a duty of care and failed to meet that duty. This could involve proving that a driver was reckless, a property owner ignored a known hazard, or a workplace safety rule was violated.
- Documenting Your Injury: Brain injuries can be complex and subtle. Medical records, physician evaluations, and expert testimony are essential to show the severity of your injury, the treatments required, and the expected long-term effects.
- Proving Impact on Daily Life: Compensation depends not just on the injury itself, but on how it affects your ability to work, care for yourself, and enjoy life. Keeping a detailed journal of symptoms, emotional challenges, cognitive changes, and disruptions to your daily routines can provide powerful evidence.
- Demonstrating Financial Loss: You will need to show how the injury has affected your income and future earning potential. Pay stubs, tax records, and documentation of treatment costs can all support your claim.
Working with our experienced brain injury lawyers ensures that all of these pieces come together effectively. We know which evidence carries the most weight, how to obtain expert opinions, and how to present your case in a way that accurately reflects the full scope of your losses.
Brain Injury Lawyer, Virginia Beach, VA: FAQs
Do You Have a TBI Lawyer Near Me?
Huffman & Huffman has an office at 4780 Euclid Road, Virginia Beach, VA 23462, which is conveniently located near the Virginia Beach Expressway.
How Long Do I Have to File a Brain Injury Claim in Virginia Beach?
You generally only have two years to file a personal injury claim in Virginia. However, there are some exceptions to this rule that extend or reduce the filing deadline, so we recommend that you reach out to us as soon as possible to get started on your case.
Will My Case Go to Trial, or Can It Settle?
More than 90% of all personal injury cases settle out of court. However, if the insurance company refuses to offer fair compensation, a trial may be necessary.
What if My Brain Injury Didn’t Show Immediate Symptoms?
If your brain injury didn’t show immediate symptoms, it can be tougher to prove that the accident caused it, but it’s still possible to do so. Getting immediate medical care is vital.
How Much Does It Cost to Hire a Traumatic Brain Injury Lawyer?
Huffman & Huffman handles traumatic brain injury cases on a contingency fee basis, which means that you owe us nothing until we win your case. Our fee will be taken as a percentage of your final settlement or court award.
Schedule Your Free Consultation With a Brain Injury Lawyer in Virginia Beach at Huffman & Huffman
If a brain injury has disrupted your life, getting experienced legal guidance as soon as possible can make a critical difference. Our legal team will review your case, explain your legal options, and outline a strategy to pursue the compensation you deserve. Contact us today for a free consultation and take the first step toward protecting your future.
