A traumatic brain injury can change every part of your life. When it happens because someone else acted carelessly, you shouldn’t have to carry that burden alone. A Chesterfield traumatic brain injury lawyer from Allen & Allen can help you pursue justice and hold the responsible party accountable.
Our attorneys understand how devastating these injuries are for individuals and families in Chesterfield. We work to help you recover what you need to move forward with care, treatment, and support. To learn more about your legal options, contact us today for a free consultation.
Key takeaways: Chesterfield traumatic brain injuries
- Traumatic brain injuries (TBIs) often cause lasting effects that can alter memory, behavior, and independence.
- In Virginia, most TBI claims must be filed within two years of the injury.
- Compensation in TBI cases may include medical expenses, lost income, and damages for pain and life changes.
- Detailed medical records play a key role in proving the severity and impact of a TBI.
- Proving negligence in Virginia requires showing that another party’s carelessness directly caused the injury.
Chesterfield traumatic brain injury guide
- What is a traumatic brain injury?
- What are the leading causes of traumatic brain injuries in Chesterfield?
- What compensation can you recover in a Chesterfield TBI case?
- How do you prove a traumatic brain injury claim?
- What is the value of a traumatic brain injury case in Virginia?
- How our attorneys can help
- Why choose Allen & Allen
- Frequently asked questions about Chesterfield TBI claims
- Contact our traumatic brain injury lawyers in Chesterfield now
What is a traumatic brain injury?
A traumatic brain injury occurs when a blow or jolt to the head interferes with normal brain function. The damage can be temporary or permanent, depending on the force and area of impact. Even a mild TBI can cause lingering problems, while severe cases may result in lasting cognitive and physical disabilities.
Types of traumatic brain injuries
- Concussion: Often caused by a fall or collision, a concussion disrupts normal brain activity. Symptoms may last a few days or continue for months.
- Contusion: A bruise on the brain that results from a direct impact to the head. Severe contusions can require surgery to relieve pressure.
- Diffuse axonal injury: When the brain moves violently inside the skull, nerve fibers can tear, leading to serious impairment or coma.
- Penetrating injury: Occurs when an object breaks through the skull and damages brain tissue, such as in a car crash or construction accident.
Common symptoms of TBIs
Symptoms vary widely but often include headaches, dizziness, blurred vision, confusion, memory loss, fatigue, and changes in mood or sleep. In serious cases, people may experience seizures, difficulty speaking, or loss of consciousness. Some symptoms appear immediately, while others develop slowly.
Long-term effects of brain injuries
Long after the initial trauma, TBI survivors may struggle with concentration, impulse control, or depression. Some lose the ability to work or care for themselves. The injury can alter relationships and require ongoing therapy, adaptive equipment, or home modifications.
What are the leading causes of traumatic brain injuries in Chesterfield?
Chesterfield County has grown rapidly, with busy roads, active workplaces, and recreational areas. Unfortunately, these same environments present risks for head injuries.
Motor vehicle accidents
Car, truck, and motorcycle collisions remain among the top causes of TBIs. A crash on Midlothian Turnpike or Route 288 can send powerful forces through a person’s body, even at moderate speeds. Drivers, passengers, and pedestrians are all vulnerable to brain trauma during impact.
Pedestrian and bicycle accidents
Bicyclists on Charter Colony Parkway and pedestrians near shopping centers or crosswalks can suffer serious head injuries when struck by vehicles. Helmets reduce risk, but they can’t eliminate it entirely.
Slip and fall accidents
Falls are a leading cause of TBIs, especially among older adults. A wet floor in a grocery store or uneven pavement at a Chesterfield park can cause someone to strike their head. Property owners who fail to maintain safe conditions may be held responsible.
Workplace accidents
Employees in construction, manufacturing, and transportation often face hazards that can lead to head injuries. Falling tools, defective equipment, or unsafe work zones can cause trauma requiring extensive treatment and recovery time.
Sports and recreation injuries
Children and adults involved in contact sports such as football, soccer, or baseball sometimes sustain concussions. While most recover, repeated injuries can cause long-term neurological problems.
Medical malpractice and nursing home neglect
In rare cases, a brain injury occurs during medical procedures. Lack of oxygen during surgery or birth, delayed diagnosis, or improper use of anesthesia can result in permanent brain damage.
A more common scenario occurs in nursing homes: head injuries from falls. For instance, if your loved one fell and hit their head at an assisted care facility because staff were not monitoring them properly, you need to speak with an attorney about bringing a claim.
What compensation can you recover in a Chesterfield TBI case?
A successful claim can help cover the financial and personal losses caused by a traumatic brain injury. The compensation available depends on how the injury affects your life, both now and in the future.
Economic damages in brain injury cases
Economic damages include the measurable financial costs that arise after a traumatic brain injury. These are often extensive because brain injuries require specialized care and long-term treatment. Recoverable costs may include:
- Medical expenses: Hospital stays, emergency care, diagnostic tests, surgeries, rehabilitation, and follow-up appointments often add up to significant amounts. TBIs frequently involve repeated imaging and ongoing therapy to monitor recovery.
- Rehabilitation and therapy: Physical therapy, occupational therapy, speech therapy, and neuropsychological counseling help rebuild lost skills and independence. These services can continue for months or years.
- Medication and medical devices: Many survivors require prescription medications to manage symptoms or prevent complications. Others need assistive devices such as wheelchairs, communication aids, or home modifications to improve mobility and safety.
- Lost income: When a TBI forces time away from work, the loss of income adds financial stress to an already difficult situation. Even temporary absences can disrupt stability.
- Diminished earning capacity: Some injuries permanently reduce a person’s ability to work or advance in their career. Compensation may reflect the difference between prior earning potential and post-injury capacity.
- Long-term care needs: Individuals with severe brain injuries sometimes require residential care, in-home nursing, or life care planning. These costs can become among the largest portions of a claim.
Non-economic damages for pain and suffering
Not all losses appear on a balance sheet. Brain injuries change how a person experiences life, often altering relationships, confidence, and independence. Non-economic damages address these deeply personal effects. They include:
- Pain and discomfort: Constant headaches, dizziness, or nerve pain often persist long after the initial injury.
- Loss of enjoyment of life: Hobbies, family activities, or everyday experiences may become harder or impossible to enjoy.
- Emotional distress: Changes in mood, memory, or personality can cause frustration, sadness, or anxiety for both the injured person and their loved ones.
- Loss of companionship: When a spouse or partner suffers a TBI, the relationship can change dramatically. The healthy partner may experience loss of support, affection, or intimacy.
How do you prove a traumatic brain injury claim?
To hold someone liable, your attorney must prove that the person or entity had a duty to act safely, failed to meet that duty, and caused the injury as a result. Evidence may include:
Medical documentation
Medical records, diagnostic imaging, and physician notes form the backbone of a TBI case. These documents show the injury’s nature and how it affects daily living. Consistent follow-up care helps establish a clear timeline of symptoms and treatment.
Expert testimony
Our attorneys often consult medical and financial experts who can explain the injury’s effects in detail. Neurologists, therapists, and economists may testify about future care needs or the cost of lost income.
Evidence to support your claim
Photographs, video footage, employment records, and witness statements all help connect the dots between the accident and the brain injury. Our team collects and organizes this information to strengthen your case against the at-fault party.
What is the value of a traumatic brain injury case in Virginia?
Every TBI case is different. The value depends on the injury’s extent, the available insurance coverage, and how the trauma has changed your life.
Factors that influence case value
The cost of medical care, lost wages, and lasting disability weigh heavily in determining a fair settlement. The conduct of the at-fault party and the clarity of evidence also play major roles.
Severity and permanence of the injury
A concussion that resolves in weeks differs greatly from a severe injury that causes permanent impairment. Courts and insurers consider how much independence the person lost and how long recovery might take.
Impact on quality of life and earning capacity
When an injury prevents someone from returning to work or enjoying normal activities, the impact extends beyond money. A comprehensive claim accounts for how the injury limits opportunities, social connections, and personal fulfillment.
How our attorneys can help
Working with a law firm that understands both the legal and personal sides of a brain injury can make a difference in your recovery process. At Allen & Allen, we focus on helping clients rebuild their lives.
Thorough investigation of your TBI case
Our attorneys examine every detail of your accident, from witness accounts to police reports. We review the evidence to identify all parties responsible for your injury and pursue claims against them.
Handling insurance companies on your behalf
Insurance companies often attempt to reduce payouts or deny responsibility. We deal directly with adjusters, counter low offers, and push for accountability when they refuse to act fairly.
Building a strong case with medical experts
We work with doctors, neuropsychologists, and rehabilitation specialists who can clearly explain how your injury affects your daily life. Their insight supports both settlement negotiations and courtroom presentations.
Maximizing your compensation
Our goal is to present a thorough claim that accurately reflects your losses. We calculate both current and future expenses to help you seek an outcome that supports your long-term recovery.
Representing you in court if necessary
When insurers or defendants refuse to take responsibility, we’re prepared to present your case before a jury. Our attorneys have years of trial experience and a history of standing up for injured Virginians.
Why choose Allen & Allen
Since 1910, Allen & Allen has served Virginians with integrity, respect, compassion, and trust. Those values remain at the heart of everything we do. We commit to more than simply providing legal representation. We commit to making your fight our fight, ensuring you are treated fairly by insurance companies, and obtaining justice on your behalf. That’s what we mean when we say, “I am an Allen.”
Our legacy of more than a century reflects the strength of those commitments. Families throughout Chesterfield and beyond have relied on our attorneys during the most difficult times of their lives. We treat each client with care and strive to restore their confidence in the future.
When you work with our firm, you’ll find a dedicated team that listens to your story, respects your needs, and stands by you from start to finish. Our approach combines the resources of a large firm with the personal attention of a local practice. Every case receives the time, preparation, and compassion it deserves.
You pay nothing upfront
We handle personal injury cases on a contingency basis. That means we only collect legal fees if we secure compensation through a settlement or verdict.
Frequently asked questions about Chesterfield TBI claims
How long do I have to file a TBI claim in Virginia?
Generally, Virginia law allows two years from the date of injury to file a personal injury lawsuit. Acting quickly protects your rights and helps preserve critical evidence.
Can I still pursue a claim if my TBI symptoms appeared weeks after the accident?
Yes. Some symptoms develop gradually. A doctor can help confirm the connection between your accident and your brain injury. Once diagnosed, you should contact an attorney to discuss your legal options.
What if the at-fault party doesn’t have insurance?
When the responsible person lacks insurance, you may still have options through your own policy or other liable parties. Our attorneys can review available coverage and identify all potential sources of recovery.
How long does it take to resolve a traumatic brain injury case?
Each case is unique. Some resolve through settlement within months, while others take longer if litigation becomes necessary. Factors such as injury severity, insurance negotiations, and court scheduling affect the timeline.
Do I need to go to court for my TBI claim?
Many cases settle through negotiation. However, when the insurance company refuses to make a fair offer, going to court may be necessary to seek justice. Our attorneys prepare every case as if it will go to trial to ensure you’re ready for any outcome.
Contact our traumatic brain injury lawyers in Chesterfield now
Time matters after a traumatic brain injury. Evidence can fade, and witnesses can move away. The sooner you contact an attorney, the stronger your case may become.
At Allen & Allen, we’ve protected the rights of injured Virginians for more than a century. We understand how a brain injury can disrupt your health, independence, and future, and we’re ready to help you move forward. Call 866-388-1307 today for a free consultation with a dedicated Chesterfield personal injur lawyer.
Allen, Allen, Allen & Allen – Chesterfield Office
Address: 6123 Harbourside Centre Lp, Midlothian, VA 23112
Phone: (804) 353-1200