If you or someone you know has been involved in an accident or, through the negligence of a medical professional, has suffered a brain injury then you will require the services of a brain injury lawyer. Virginia attorneys that specialize in brain injuries focus their practices on civil matters involving torts.
A civil action is a legal proceeding where a claimant, the plaintiff, will sue another, defendant, for damages that can include money damages or equitable damages.
A tort is a the legal term for a wrongful act that results in injury to anothers person, property, reputation or the like that entitles the injured person to damages.
A brain injury attorney specializes in representing clients who have suffered brain injuries due to the actions of another. Most brain injuries are the result of negligence in the operation of motor vehicles, accidental falls, and even negligence by health care providers.
Types of brain injuries
There are numerous types of brain injuries that can occur. Anoxic and hypoxic brain injuries occur when there is no oxygen being delivered to the brain, in the former, or when there is insufficient oxygen being delivered to the brain, in the latter. Both of these are often the result of injuries such as a stroke, heart attack, etc. Often the initial medical emergency does not give rise to a cause of action for a brain injury. However, when the injury results due to negligence on the part of a medical professional then there lies a cause of action to sue the medical professional for the brain injury that results from the negligence on the part of the medical provider.
The most prevalent form of brain injury is known as a traumatic brain injury. These injuries occur from motor vehicle accidents, work related accidents, sports related accidents, and blows to the head during falls. Other types of brain injuries include concussions, skull fractures, hematosis, focal brain injuries, seizures, coma, and persistent vegatative states.
Symptoms of brain injuries
The symptoms of brain injuries are far reaching and vary from injury to injury. They can include restlesness; anxiety; lack of interest in ordinary activities; speech impediments, difficulty controlling emotions; depression; frustration; irritability; decreased ability to cope with stress; and difficulty walking among many others. The brain is a very complex organ and when it is injured the damages that can result can vary greatly, both in type and severity. It is important to seek medical attention as soon as possible if you have any type of injury that could possibly have affected your brain.
Why you need a brain injury attorney
If you have suffered a brain injury due to the intentional or negligent actions of another and that injury has occurred in the State of Virginia you will want to contact a brain injury attorney. Virginia brain injury attorneys specialize in personal injury actions where someone else is responsible for your life altering injury.
Many times a brain injury can leave an individual extremely affected with life long and catastrophic injuries. These injuries can result in being unable to work, a decrease in employment opportunities and a completely altered and deficient way of life. In order to manage these difficulties money damages are often the only way to help an individual, who has lost his, or her, way of life, to maintain any type of lifestyle for which they would perceive as normal.
Personal injury cases are issues of state law and as such you will want an attorney who is knowledgeable of the particular laws and procedural rules involving personal injury in the State of Virginia, preferably someone who focuses their practice as a brain injury attorney. Virginia has a 2 year statute of limitations for all personal injury actions, including brain injuries, from the date that that the cause of action accrued. This standard is based on when the cause of action was discovered, or should have been discovered.
If your brain injury was the result of a motor vehicle accident or some other accident involving traumatic brain injuries your brain injury attorney will have to prove that you did not at all contribute to the accident that caused the injury. Virginia is a contributory negligent state; meaning that if the plaintiff was at all responsible for the injury, even 1% it will bar recovery. You will need an experienced and exceptional brain injury attorney to help refute any accusations that you contributed to the injury.
If your brain injury was the result of negligence on the part of a medical practitioner then you will also want the services of a skilled and reputable brain injury attorney. Virginia recognizes vicarious liability. In that matter, if you were injured by an employee of a hospital, such as a nurse, paramedic, etc., you can, not only recover damages from the individual who is responsible for the negligent medical treatment but also from the hospital through vicarious liability. Your brain injury attorney will attempt to link the activities of the medical professional, whether it be a doctor, nurse, paramedic, or even an administrator to your injury so that you may get full compensation for your injury.
Where do I find a Virginia Brain Injury Attorney?
If you are looking for a brain injury attorney, Virginia attorneys are listed throughout the internet. By doing a rudimentary search you will be able to find many personal injury attorneys and even a number who focus specifically as brain injury attorneys. Virginia brain injury attorneys websites will not only have information about their practice but their education, credentials and numerous other qualifications, however, you should not take their word for it. If you find a brain injury attorney that you feel is a good fit you should do your best to find former clients and other information that is not prejudiced by the brain injury attorneys influence.
You can also take advantage of referral services. The Virginia State Bar Association operates a lawyer referral service where you will be able to find brain injury attorneys. Virginia’s Bar Association referral service may be contacted by calling 1-800-552-7977. You can also take advantage of the laws.com legal referral service. By going to the link at the top of this page you can access the referral service. The link will request that you input your name, contact information and the type of representation you are looking for. Once that is accomplished someone from laws.com will get in touch with you to help you find a brain injury lawyer in Virginia that will be able to help you.