Traumatic Brain Injury Attorney

Traumatic Brain Injury Attorneys Serving Clients in Southwest Virginia and East Tennessee

Each year, around 2.5 million individuals suffer a Traumatic Brain Injury (TBI), tragically leading to approximately 50,000 deaths and an additional 80,000 individuals left with permanent disabilities. TBIs are life-altering and can have a profound impact on the lives of those who suffer from them, as well as their families.

At Mark Hurt Law Firm, we understand the emotional and financial burdens that traumatic brain injuries can cause. We provide dedicated legal representation to clients in Virginia and Tennessee who have suffered from a TBI. With more than 30 years of experience representing injured clients, Mark Hurt provides representation for TBI injuries on a contingency fee basis, advancing all litigation expenses while a case is ongoing.

If you or a loved one was injured and suffered a debilitating TBI, we invite you to call our offices to schedule a free consultation. We also encourage you to read through the following article to learn about the types of incidents that often result in a TBI, common symptoms, why medical evaluation is important even when imaging appears normal, the damages available in TBI cases, the statutes of limitations for filing claims for damages in both Tennessee and Virginia, and the advantages of working with an experienced TBI lawyer.

The Types of Incidents that Often Result in Traumatic Brain Injuries

Traumatic brain injuries can occur in many situations, including car crashes, slips and falls, sports injuries, and workplace accidents. Some common causes of TBIs include:

• Motor vehicle crashes. Collisions can lead to severe head trauma, especially in high-speed crashes or when a pedestrian or cyclist is injured.
• Slip and falls. Falling from a height or slipping on a wet surface can cause the head to strike a hard surface, resulting in a TBI.
• Sports injuries. High-impact sports like football, hockey, and soccer often involve collisions that can cause head trauma.
• Workplace and construction accidents. Falls from heights, being struck by objects, or other accidents on the job can lead to traumatic brain injuries.
• Assaults. Violent altercations, such as being struck by a blunt object or receiving a blow to the head, can cause a TBI.

Regardless of how a brain injury arises, if another person’s negligent action or inaction caused the condition, you may be able to pursue compensation for your injuries and related losses.

Common Symptoms of a Traumatic Brain Injury

Traumatic brain injuries can affect every person differently. Some symptoms appear immediately, while others may not develop until hours or even days after the injury. Even what seems like a minor blow to the head can result in a concussion or another type of TBI.

Common symptoms may include:

• Headaches that do not improve or become more severe
• Dizziness or problems with balance
• Confusion, memory loss, or difficulty concentrating
• Nausea or vomiting
• Blurred vision or sensitivity to light and noise
• Mood changes, irritability, or unusual fatigue
• Difficulty speaking or finding the right words
• Loss of consciousness, even briefly

If you experience these symptoms after an accident, it is important to seek medical attention promptly. Early evaluation may help identify injuries, guide treatment, and create medical records that may become important if you later pursue a personal injury claim.

Why a Brain Scan May Be Normal After a Traumatic Brain Injury

Many people assume that a normal CT scan or MRI means they could not have suffered a traumatic brain injury. However, that is not always the case. Mild traumatic brain injuries and concussions often affect how the brain functions rather than causing injuries that appear on standard imaging tests.

Doctors may diagnose a TBI based on your symptoms, neurological examinations, cognitive testing, and your medical history, even if imaging does not show visible damage. This is one reason why it is important to continue following your doctor’s recommendations if symptoms persist after an accident.

Types of Damages Available in Traumatic Brain Injury Cases

Victims of traumatic brain injuries may be entitled to compensation for many types of damages, including:

• Medical expenses. Compensation for past and future medical care, including surgeries, rehabilitation, and ongoing treatments.
• Lost wages and Lost Future Earning Potential. Reimbursement for any lost income due to the injury, as well as lost earning capacity if the victim is unable to return to work or can only work in a diminished capacity.
• Pain and suffering. Compensation for the physical pain and emotional distress caused by the injury.
• Loss of enjoyment of life. Damages for the diminished ability to enjoy life’s pleasures due to a traumatic brain injury.
• Loss of consortium. Compensation for the loss of companionship, affection, and support that a spouse, partner, or other family members experience due to the victim’s injury.

Depending on the circumstances, a traumatic brain injury may require ongoing therapy, assistive devices, home modifications, or long-term care. These future costs, along with the injury’s impact on your daily life and ability to earn a living, may be considered when determining the damages available in a personal injury claim. 

Mark Hurt Law Firm is not only dedicated to representing traumatic brain injury survivors, but also the families of TBI victims who tragically succumb to their injuries. In such cases, TBI lawyer Mark Hurt can pursue wrongful death actions on behalf of grieving family members.

TBI Wrongful Death Representation: Helping Families Pursue Compensation

Our sincere condolences if a family member has died as a result of a TBI caused by someone else. We know that not only have you suffered an irreparable emotional blow, but you also may be facing the loss of earnings that your loved one otherwise would have contributed.

We are here to help you understand your legal options and pursue the compensation that may be available under Virginia or Tennessee law.

In both Virginia and Tennessee, wrongful death claims are brought by the personal representative of the deceased’s estate. The purpose of a wrongful death claim is to monetarily compensate the surviving family members for their financial and emotional losses. Compensation may include damages for lost future wages, funeral and burial expenses, loss of financial support, loss of companionship, and emotional suffering. As an experienced brain injury attorney, Mark Hurt can represent you through the complex process of filing a wrongful death claim and work to pursue compensation from the parties who may be legally responsible.  Often, legal liability may rest with multiple parties, thus it is critical to conduct a thorough investigation to identify all those who may be liable.

If you have lost a loved one through a TBI, we invite you to reach out to our office today for a free consultation and to get started with the process of demanding accountability.

Statute of Limitations for Filing for Damages in Tennessee and Virginia

It is crucial to be aware of the statute of limitations for filing a damage claim in TBI cases, as failing to file within the prescribed time limit may result in losing your right to pursue compensation. The statute of limitations for injury cases in Tennessee and Virginia are as follows:

• In Tennessee, the statute of limitations for personal injury cases, including TBI cases, is typically one year from the date of the injury. However, there may be exceptions or specific circumstances that can alter this time frame. For example, the “discovery rule” may apply, extending the deadline if the injured party was not aware of the injury or its cause within the one-year period. However, because of the normally short one-year deadline, we urge you to call our office as soon as possible so that we can get started with your case before any important deadlines expire.
• Virginia. In Virginia, the statute of limitations for personal injury cases is generally two years from the date of the injury. Similar to Tennessee, exceptions or specific circumstances may extend this deadline, such as the discovery rule or if the injured party is a minor.

Given the complexities surrounding statutes of limitations, it is crucial to consult with an experienced TBI attorney to ensure your case is filed within the appropriate time frame. When you secure the representation of Mark Hurt Law Firm, we can monitor critical deadlines and make timely filings on your behalf.

The Benefits of Working with an Experienced TBI Attorney

Having an experienced traumatic brain injury attorney can help you understand the claims process and protect your rights after a serious injury.

• Experience With Traumatic Brain Injury Cases: As a traumatic brain injury attorney and personal injury lawyer, Mark understands the medical and legal issues involved in these cases and has represented injured clients for more than 30 years.
• Access to resources: Our firm has established relationships with physician and accident causation experts, ensuring we have access to those who can provide expert testimony to support our client’s cases.
• Contingency fee basis: Our firm handles TBI cases on a contingency fee basis, meaning our clients do not pay any attorney fees unless we secure compensation on their behalf. Additionally, we advance all litigation expenses while a case is ongoing, allowing injury victims to focus on their recovery.
• Personalized attention. As your attorney, Mark Hurt and our team are committed to providing compassionate and dedicated representation, ensuring that you and your family receive the support you need throughout the legal process.

Why Medical Documentation Matters in a Traumatic Brain Injury Claim

Medical documentation plays an important role in both your recovery and your legal claim. Emergency room records, physician evaluations, neurological examinations, imaging studies, therapy records, and follow-up appointments help document how the injury has affected your health over time.

Keeping records of your symptoms, medical appointments, medications, and any changes in your ability to work or perform daily activities may also help demonstrate the ongoing effects of a traumatic brain injury. Consistent medical treatment creates a clearer picture of your condition and may strengthen the evidence supporting your claim.

What Evidence Can Help Support a Traumatic Brain Injury Claim?

Every case is different, but several types of evidence may help establish how the injury occurred and how it has affected your life. Helpful evidence may include:

• Accident reports
• Photographs and videos
• Witness statements
• Employment records
• Expert opinions
• Personal journals documenting symptoms

Preserving evidence as early as possible can be important, especially if an accident scene changes or witnesses become more difficult to locate over time.

When Should You Seek Medical Care After a Head Injury?

You should seek medical attention immediately after any significant blow to the head, especially if you experience symptoms such as persistent headaches, confusion, dizziness, vomiting, loss of consciousness, seizures, difficulty speaking, or changes in vision. Even if symptoms seem minor at first, they can worsen over time.

Prompt medical care can help identify potentially serious injuries and begin appropriate treatment. It may also provide important documentation if you later pursue a personal injury claim.

Getting The Right Help For Your Future

At Mark Hurt Law Firm, we know that the most common causes of traumatic brain injuries often leave victims facing challenges they never expected. Medical expenses, time away from work, and ongoing care needs can place tremendous stress on you and your family. That is why having the right legal support is so important when seeking compensation after a serious injury.

If you or a loved one has suffered a TBI due to a car accident, fall, workplace incident, or another cause, we are here to help. We encourage you to contact our office for a free consultation. We can learn more about your situation, explain your legal options, and discuss how we may be able to help.

Frequently Asked Questions

1. What are the symptoms of a traumatic brain injury?

Symptoms vary depending on the severity of the injury but may include headaches, dizziness, confusion, memory problems, nausea, blurred vision, sensitivity to light or noise, and difficulty concentrating. Some symptoms appear immediately, while others may develop hours or days after the injury.

2. Can I have a traumatic brain injury if my CT scan or MRI is normal?

Yes. A concussion or mild traumatic brain injury may not appear on a standard CT scan or MRI. Doctors may diagnose a TBI based on your symptoms, neurological examinations, cognitive testing, and medical history.

3. What evidence can help support a traumatic brain injury claim?

Evidence may include accident reports, photographs or videos, witness statements, employment records, expert opinions, and a journal documenting your symptoms and recovery. Medical records may also play an important role in supporting your claim.

4. Why is medical documentation important after a traumatic brain injury?

Medical records document your diagnosis, treatment, and recovery. They may also help show how your injury has affected your daily life if you pursue a personal injury claim.

5. What damages may be available in a traumatic brain injury case?

Depending on the circumstances, damages may include medical expenses, lost wages, reduced earning capacity, pain and suffering, loss of enjoyment of life, and other losses recognized under Virginia or Tennessee law.

6. When should I seek medical care after a head injury?

You should seek medical attention as soon as possible after a significant blow to the head, especially if you experience headaches, dizziness, confusion, vomiting, loss of consciousness, seizures, vision changes, or difficulty speaking. Prompt evaluation can help identify serious injuries and begin appropriate treatment.