Brain injuries can lead to serious medical problems that follow you for the rest of your life. The Brain Injury Association of West Virginia defines traumatic brain injury as an alteration in brain function or other evidence of brain pathology caused by an external force. Typically, this external force is an impact sustained during a motor vehicle accident, bicycle or motorcycle accident, fall, assault, workplace injury, or injury sustained while playing sports (including accidental blunt or penetrating traumas). If you have experienced a brain injury due to the negligence or bad judgment of someone else, then you have a right to collect damages that result from your injury. A Morgantown brain injury attorney can help.
Brain injuries and the consequences caused by brain injuries are nothing if not unpredictable. An injury to the brain can affect the way the injured party thinks, feels and acts—all in a timeframe of just seconds. No two injuries to the brain are the same; brain injuries vary widely from person to person and are complex. Factors such as the severity of the brain injury, its location and its cause all factor in to the effects that the brain injury will have on the injured party, according to the Brain Injury Association of West Virginia. Brain injuries may occur with concussions, contusions, skull fractures, and open head injuries.
While some brain injuries are more serious than others, all are significant. The most serious brain injuries lead to lifetime problems for the injured party, resulting in lessened mobility, cognitive impairment, and other issues that make it hard to function in day-to-day life, let alone hold a job or seek out gainful employment. Your brain injury claim may be for two types of damages, including special damages and general damages. Special damages include items such as medical bills, lost income, and lost capacity to earn a living. General damages encompass non-monetary losses such as mental anguish, shock, physical pain, and suffering. It is usually the case when general damages are awarded that they equal up to five times whatever special damages were determined reasonable and agreed upon by all parties. In addition, if there was any egregious action on the part of the defendant that led to the brain injury, then punitive damages may be sought.
Several factors can affect the successful outcome of your brain injury claim, with the main one being the clear establishment of liability in your case. When liability is disputed or unclear, the value of the claim diminishes. For this reason, it is important to choose a seasoned attorney who has litigated brain injury claims in the past and understands the nuances of the process. Contact our legal team to discuss your case right away. Our Morgantown brain injury attorney can help you understand your legal options and begin the process of seeking compensation for your injuries. Set up your no-obligation consultation and case review today to get the ball rolling.