Head Injuries

ABI/TBI: Aggressive Representation For Clients Suffering Acquired Or Traumatic Brain Injuries

Any type of brain injury needs to be taken extremely seriously. The long-term effects — including the need for constant, expensive medical care — can exact a toll on your health and finances. At Morrison, Ross and Whelan, our attorneys know what is at stake, so we fight to hold negligent parties accountable for the harm done to our clients. If you or a loved one is suffering from the effects of a traumatic brain injury sustained in an accident that was not your fault, our lawyers are determined to obtain the full compensation you deserve.

Trusted Experience With Different Types Of Brain Injury Cases

There are two major categories of brain injury, based on how the injury occurred:

  • Acquired — Acquired brain injury (ABI) happens due to an organic change in a person’s system, not necessarily due to outside conditions. Thus, a person suffers a stroke, develops a tumor or declines due to a degenerative disease. Generally, ABI is not due to anyone’s fault, but there can be exceptions. If a person suffers ABI due to infectious disease or toxins, a medical misdiagnosis or a dangerous drug could be the reason. When ABI is due to hypoxia/anoxia, a negligent person who causes the victim to be deprived of oxygen could be liable for the injury. ABI due to hypoxia/anoxia can occur at birth if a negligent obstetrician mismanages delivery or during surgery if an anesthesiologist makes a critical mistake.
  • Traumatic — Traumatic brain injury (TBI) occurs when an outside force impacts the victim’s head or brain tissue. The trauma can result from blunt force, shaking or penetration of the cranium by a foreign object. In TBI cases, a person who causes the force to contact the victim’s head can be held liable for resulting injuries, which can be categorized as mild, moderate or severe TBI.

Common Causes Of TBI Include:

  • Assault
  • Construction accidents
  • Motor vehicle accidents
  • Slip-and-fall accidents
  • Sports
  • Workplace accidents

When we undertake a brain injury case, our legal team thoroughly investigates the facts to determine causation and hold responsible parties accountable.

We Understand How Serious ABI And TBI Can Be

When you suffer a brain injury, you can be burdened with a range of long-term negative health effects such as:

  • Depression
  • Dizziness
  • Cognitive impairment
  • Fatigue
  • Headaches
  • Insomnia
  • Memory loss
  • Mood changes
  • Motor reflex impairment
  • Seizures

Our personal injury lawyers have a deep understanding of the complicated medical issues at play with brain injuries. We also have a registered nurse on staff who can assist our lawyers in developing and preparing your case.

Virginia’s Statute Of Limitations Sets A Deadline Of Two Years

The Virginia statute of limitations for personal injury is two years. This includes medical malpractice. So, if a person sustains a brain injury, he or she has two years from the date of the injury to file a lawsuit or they lose their right to compensation. However, there are circumstances that could extend that deadline, such as:

  • Discovery — This rule applies to latent injuries that only become apparent later. If the victim does not know an injury occurred, the statutory period is extended to the date by which the victim knew or should have known of the injury.
  • Injury to a child — Since children lack the legal capacity to sue, the statutory period does not begin until the injured child reaches 18 years of age.
  • Fraud or concealment — In a medical malpractice case, if the responsible party attempted to conceal the injury through fraud or misrepresentation and the statutory period expired, the injured person has one year from the date the injury is discovered.

If you were in an auto accident more than two years ago, where you suffered a brain injury, it is still worth your while to speak to a knowledgeable attorney to determine if you can still file a claim.

With decades of combined experience and a track record of recovering millions of dollars on behalf of our clients, we know what it takes to get you the compensation you deserve when you are suffering and unable to work. We will work with the right experts and gather the right evidence to prove that your injuries are linked to your accident.

You Have A Limited Time To Act. Contact Us For Help Today.

If you or a loved one has sustained a head or brain injury due to another party’s negligence, trust Morrison, Ross and Whelan to provide highly skilled, assertive legal representation. Call us today at 540-347-1000 to schedule a consultation. Contact our office online through this website. Our office is just off 211 and business 29, in the heart of Fauquier County at 31 Garrett Street in Warrenton.