Frequently Asked Questions

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  • What are the side effects of a brain injury?

    The symptoms and signs of a brain injury vary and you may not notice the side effects for days or weeks after the accident. But general symptoms of brain injury include:

    ·         Losing consciousness even just for a minute
    ·         Headache
    ·         Confusion
    ·         Blurry vision, strange smells or a funny taste in your mouth
    ·         Trouble speaking
    ·         Personality/Mood changes
    ·         Memory loss
    ·         Dizziness or vertigo
    ·         Nausea

  • What are the signs and symptomsof a brain injury?

    The symptoms and side effects of a brain injury vary and you may not notice the side effects for days or weeks after the accident. But general symptoms of brain injury include:

    ·         Losing consciousness even just for a minute
    ·         Headache
    ·         Confusion
    ·         Blurry vision, strange smells or a funny taste in your mouth
    ·         Trouble speaking
    ·         Personality/Mood changes
    ·         Memory loss
    ·         Dizziness or vertigo
    ·         Nausea

  • What must Ido to prove thatI suffered a brain injury?

    A traumatic brain injury is a unique type of injury because it is not readily visible. It is not like suffering a broken arm or facial laceration where the injury is immediately apparent. In order to substantiate your brain injury, medical records are the best proof so seek medical care. Medical testing may include CT scans, PET scans and MRI's. Make sure that the results of these tests are included in your medical records. Once medical records are obtained, medical experts can testify about how the injury was sustained.

  • What is anoxic brain injury?

    An anoxic brain injury occurs when your brain is deprived of oxygen and this leads to brain damage. When oxygen is prevented from entering the brain partially or completely, brain cells can die which can lead to permanent, life-altering brain injury.  The following causes, along with the details of the specific incidenc, may be grounds for an anoxic brain injury claim:

    Medical negligence or surgical mistake

    Near-drowning accident (sometimes leading to premises liability claims)

    Strangulation, choking, or suffocation. For example, a defective product like a crib or stroller that injures your child.

  • What are the potential long-term effects of a brain injury?

    There are mild and severe forms of brain injuries with side effects that can last for just a brief period or for the rest of your life. In general, the more severe the brain injury, the higher chance you have suffered a permanent, debilitating traumatic brain injury (TBI).  Some of the long-term effects may include epilepsy or seizures, Alzheimer's disease, dementia pugilistica, post-traumatic dementia, Parkinson's Disease, and other problems with motor skills, among others. A TBI may require the assistance of a nurse or medical professional on a daily basis. A mild brain injury is less severe but could lead to reduced motor functions and memory loss.

  • My doctor and his nurses were rude to me, is this malpractice?

    Unfortunately, bad bedside manner does not amount to medical malpractice. When this firm decides to take a malpractice case we are generally looking for permanent and catastrophic injuries. The reason is that malpractice cases are very expensive and difficult to litigate. Before we take a case we need to be sure that we will obtain a good result for you. Unlike an automobile accident, medical malpractice cases require expert doctors and they are not cheap. When you are unhappy with the way your doctor or other medical provider treats you than you should voice your complaints to the hospital management.  You will not likely recovery any money for your trouble but it might make you feel better.

  • Should I use my health insurance if I have been in a wreck?

    Yes. In Virginia, not all health insurance plans are entitled to subrogation. This means that not all insurance plans get paid back if you recover from a third party. It is always best to use your health insurance when you can so your bills do not end up in collections. At the time of settlement your attorney will be able to recover your medical bills from the defendant's insurance carrier. The last thing you want is to have medical bills piling up as a result of an accident that was not your fault. So the short answer is yes, if you have health insurance, use it.

  • What is Med Pay?

    Med Pay is a very inexpensive benefit that you can purchase on your automible insurance policy.  This benefit will provide you with coverage for medical bills in the case of an accident. It does not matter who was at fault for the accident. This is a great back up for unforeseen medical expenses, co-pays and deductibles. If you do not carry health insurance, you should absolutely purchase this coverage.

  • I was in a car wreck and my friend was the at-fault driver. I don't feel comfortable suing. What should I do?

    First of all, this is why we have insurance, for accidents. Don't worry about suing your friend just yet, it might not get to that point. The first thing to happen is that you will make a claim with the insurance company. Chances are your friend won't even be involved in that aspect. The only time we actually end up filing a suit is when we cannot resolve the claim through settlement. Most of the time we do resolve through settlement. Your friend will understand that you are hurt and need to make a claim. Don't beat yourself up over it.

  • Do I have to repay my health insurance co. if I have a personal injury case for my injuries?

    This depends on the type of insurance plan you have. Some insurance companies, after paying for your medical bills, seek reimbursement through the "right of subrogation" or through written contractual provisions in your health insurance plan documents that call for reimbursement of any medical bills/expenses paid to you that are incurred due to a tort or third party's fault. Basically, this means if you get hurt in an accident due to the carelness of another person/company and you decide to pursue a personal injury claim, the insurance company will try to recover the money they paid for your medical bills. However, not every health insurance plan is entitled to this type of reimbursement. For example, entities which are not formed under the ERISA act (traditional health insurers) often cannot recover the medical expenses paid.

    Keep in mind that even if your insurance company pursues the cost of your medical bills, there is still a good chance you'll receive a sizable recovery for pain and suffering, lost wages, and other damages.

     

    To learn more about the right of subrogation and insurance reimbursement/repayment, check out this article.