Have you sustained a brain injury in Charleston, West Virginia? Did it result from someone else’s negligent or wrongful acts? If so, they should be held fully accountable for your medical bills, physical and emotional pain, and other damages. Contact a Charleston brain injury lawyer at Farmer, Cline & Campbell, PLLC at (304) 346-5990.
Our law firm is the best way to obtain much-needed compensation. Our team has over 315 years of combined experience, and we’re well-respected in the legal community. We are highly rated, well-respected lawyers with an AV Preeminent rating from Martindale-Hubbell, its highest peer rating. We’ve recovered over half a billion dollars for injury victims throughout West Virginia.
Contact us at our Charleston, WV, law office or reach us online to schedule a free consultation. You can discuss your brain injury, legal rights, and options for financial recovery with an experienced attorney.
How Can Farmer, Cline & Campbell, PLLC Help You With a Brain Injury Claim in Charleston, WV?
A brain injury can be devastating for the victim and their family. You may struggle with physical, cognitive, sensory, and behavioral symptoms. These issues can significantly affect your life, from performing daily tasks to maintaining social relationships.
On top of these personal losses, you may also require ongoing medical treatment and be unable to work. This can considerably strain your finances.
You shouldn’t have to bear these costs alone if someone else caused your head injury. Let our Charleston, WV personal injury lawyers help you demand justice and accountability from the at-fault party.
If you hire Farmer, Cline & Campbell, PLLC for assistance with your Charleston brain injury claim, we’ll:
- Investigate the cause of your brain injury and determine who’s liable for it
- Gather evidence and consult expert witnesses to bolster your personal injury case
- Calculate the full extent of your damages
- File all claims and negotiate with insurance companies on your behalf
- Keep you updated and informed throughout the process
You will never feel alone with our Charleston personal injury attorneys by your side. Call our law firm today to schedule a free initial consultation with a trusted advocate.
Overview of Brain Injuries
A traumatic brain injury (TBI) occurs when a sudden, violent force damages brain tissue. TBIs can be classified as mild, moderate, or severe, depending on the symptoms and effects of the injury on one’s brain function.
A TBI can be further categorized as a:
- Penetrating brain injury: This type of TBI – also called an open brain injury – happens when the skull is fractured. For example, a bullet or object penetrates a victim’s skull and pierces the brain tissue.
- Closed brain injury: This type of TBI – also called a blunt force brain injury – occurs when the brain suffers damage due to a rapid non-penetrating movement. For example, in a motor vehicle accident, the victim’s head may jolt backward and forward from the impact and stopping forces. This can lead to bruises and tears in the brain tissue.
It’s vital to receive prompt medical attention after any type of blow to the head. Some brain injuries don’t manifest symptoms right away, and some can worsen without intervention. Whether you’ve fallen, crashed your vehicle, or been forcefully tackled while playing football, get yourself evaluated by a medical professional.
In some cases, the symptoms of a head injury are not apparent to the injured person but are recognized by family members who notice changes in the person’s speech, attitude, personality, or cognitive abilities.
Types of Brain Injuries
There are various types of brain injuries. Some are primary, meaning they occur when the victim experiences the initial trauma. Others are secondary, indirectly resulting from the initial injury-causing event. Secondary injuries, such as insufficient oxygen to the brain, can cause further complications.
The TBIs victims may suffer include:
- Concussions
- Skull fractures
- Contusions
- Diffuse axonal injuries (DAIs)
- Lacerations
- Hematomas
- Coup-contrecoup injuries
- Cerebral edema
- Hemorrhages/brain bleeds
- Ischemia
- Hypoxia
- Strokes
- Aneurysms
Many of these brain injuries require emergency medical services and need to be evaluated by a doctor right away. Physicians use the Glasgow Coma Scale (GCS) to assess the severity of a TBI. The GCS describes a patient’s responsiveness by testing their verbal, motor, and eye-opening reactions. The GCS is just one measurement that is used and sometimes the patient’s actual condition or the extent of the brain injury may not be accurately reflected by the initial GCS score.
A victim may also undergo imaging tests – such as an MRI or CT scan – to test the brain for bleeds, structural damage, or other signs of injury.
What Are the Potential Signs and Symptoms of a Brain Injury?
A brain injury victim can suffer from irreparable harm that impacts all aspects of their life. A TBI can affect one’s regulatory functions, cognitive abilities, behavior, mental health, and motor skills. However, the exact symptoms a person experiences will depend on their overall health, the severity of the TBI, and the affected area of the brain.
The possible symptoms of a brain injury can be temporary or permanent and may include:
- Loss of consciousness
- Confusion
- Headache
- Dizziness
- Drowsiness
- Nausea
- Vomiting
- Blurred vision
- Amnesia and other memory problems
- Sensitivity to sound and/or light
- Slurred speech and other difficulties with communication
- Tinnitus (ringing in the ears)
- Dilated pupils
- Numbness in the fingers and toes
- Epilepsy (seizures)
- Loss of coordination and other physical impairments
- Unusual behavior, such as agitation and other personality changes
- Mood swings
- Coma
These symptoms can leave a person unable to care for themself. They may need assistance eating, bathing, shopping, or even moving around. The mental symptoms can also negatively affect their relationships and ability to work.
How Common Are Brain Injuries?
Head trauma is incredibly common. Between 1.7 million and 2.5 million people sustain a traumatic brain injury in the United States each year. According to the CDC, there were over 69,000 deaths resulting from TBIs in a recent year. These brain injuries account for around 30% of all injury-related fatalities in the U.S.
What Causes Brain Injuries in West Virginia?
TBIs result from sudden jolts, blows, or forces to the head, which can occur in any of the following incidents:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Slip and fall accidents
- Falls from heights
- Construction accidents
- Workplace accidents
- Explosions
- Sports-related incidents
- Violent acts, such as assaults, child abuse, or gunshot wounds
- Medical malpractice
- Exposure to toxic chemicals
- Incidents caused by defective products (product liability)
In the most devastating cases, a head injury victim loses their life. In that case, our wrongful death lawyers will be here to assist.
What Is My Charleston Brain Injury Case Worth?
The value of any personal injury claim depends on many factors. However, someone suffering from a TBI may see lifetime treatment costs of hundreds of thousands or even millions of dollars. On top of medical care expenses, you may also be unemployed, leading to further financial burdens.
With that said, when we’re calculating what your Charleston brain injury claim is worth, we’ll evaluate:
- The severity of your TBI and its impact on your quality of life
- The healthcare expenses you’ve incurred and projected future costs
- Your lost wages and the extent to which you can continue earning a living
- The level of impairment your brain injury causes
- The psychological and physical pain you’ve endured
- Whether you share any fault for the cause of your head injury
- The parties involved and any insurance policies that cover the accident
It’s crucial to understand the value of your financial and non-financial damages before negotiating or accepting a settlement offer. If you settle too early, you risk walking away with far less money than you need and deserve. Also, you’ll be unable to request more compensation once you sign a settlement agreement.
What Damages Can Brain Injury Victims Recover in Charleston, West Virginia?
West Virginia brain injury victims can typically pursue two types of compensation: economic and non-economic damages.
Your monetary costs and losses stemming from the accident and TBI are known as economic damages and may include:
- Medical expenses for ER services, your hospital visit/stay, surgery, and treatment
- Future medical costs
- Lost income and benefits
- Reduced earning potential
- Rehab, such as physical therapy or psychiatric care
- Out-of-pocket expenses
Non-economic damages account for the intangible effects of your brain injury, such as:
- Pain and suffering
- Mental anguish
- PTSD or depression
- Reduced enjoyment of life
- Permanent impairments resulting from your TBI
- Loss of companionship
In rare cases, a West Virginia court may award punitive damages if the defendant’s actions….were done with actual malice toward the injured person or if the actions represent a conscious, reckless and outrageous indifference to the health, safety and welfare of others. The purpose of these damages is to punish people for misconduct and deter similar behavior.
How Long Do I Have To File a Brain Injury Lawsuit in West Virginia?
As with all legal claims, there are time limitations for when you must assert your claim for a brain injury. The applicable statute of limitations depends on the type of incident that caused the injury, the at-fault party, the age of the injured person, and when a reasonable person would have been aware of the injury and right to assert a claim.
To determine the statute of limitations applicable to your claim, call our personal injury lawyers in Charleston to discuss your brain injury case.
Contact Our Experienced Charleston Brain Injury Attorneys for a Free Case Evaluation
If you’ve suffered a brain injury in Charleston, WV, Farmer, Cline & Campbell, PLLC is here for you. We have over 315 years of collective experience, and we’ve been fighting for injury victims since 1996. Schedule a free consultation today by calling our brain injury lawyers in Charleston.
Visit Our Personal Injury Law Office in Charleston, WV
Farmer, Cline & Campbell, PLLC
746 Myrtle Rd, Charleston
WV 25314
Open 24 hours
(304) 346-5990
