Frequently Asked Questions

The Virginia Department of Motor Vehicles reports there were 712 biking injuries due to auto crashes in 2014, and 12 were killed. 

A talc ovarian cancer study was done by the National Cancer Institute and the National Institutes of Health found a 36% to 41% increase in ovarian cancer in women who use talcum powder. 

Yes. A jury in Missouri decided against Johnson & Johnson and awarded $72 million to a family of a woman whose death from cancer of the ovaries was linked to her use of J&J Baby Powder. 

 

 Some studies have suggested that talcum powder is a carcinogen and can lead to cancer for some consumers. Women are especially at risk for getting ovarian cancer after regularly using talc around the genital region for years. 

You may already have pain and tissue damage from the defective implant. You may have already had a revision surgery. If you have had to have this expensive and painful surgery, you may be entitled to compensation for medical costs and pain and suffering. 

It is estimated that one out of eight patients has to go through the physical and mental pain of corrective hip surgery within 60 months of the original surgery. That level of failure is about twice the industry averag

It is estimated that 93,000 patients have been treated with this hip replacement device.

Answering this question in specific detail requires knowing all the facts of your case.

The general answer in Virginia, where we practice as personal injury lawyers who take a special interest in helping TBI victims, boils down to showing that the other person was solely responsible for injuring you. For instance, if your TBI resulted from a car crash, you must produce police reports, eyewitness testimony, traffic camera footage and other types of physical evidence that conclusively demonstrate that the other driver caused the wreck.

In another example, a young child’s TBI resulting from a near-drowning could result from failing to properly fence and monitor a pool.

Still different types of evidence will be needed for cases involving medical malpractice, slips and falls, or physical assaults. Consulting with an experienced plaintiff’s attorney will help you understand what you need to substantiate your insurance claim or to succeed with your civil lawsuit.

EJL

To meet the technical definition of “traumatic brain injury,” the damage to a person’s brain must result from trauma -- usually a blow to the head to the head that causes the brain to slam into the inside of the skull.

A TBI is not the only type of severe and disabling brain injury, however. Medication overdoses that amount to poisonings, surgical errors that sever nerves and accidents or intentional actions that restrict the flow of oxygen to the brain also leave too many people suffering from irreversible and disabling brain damage. Note that mistakes during labor and delivery, near-drownings and physical assaults can restrict oxygen supply.

When a severe brain injury can be traced to the actions of another person or to the use of a defective or dangerous product, the victim has an undeniable legal right to partner with a Virginia personal injury lawyer and file insurance claims or a civil lawsuit.

EJL

Here, it is useful to fully quote the standard definition of a traumatic brain injury used by the National Institute of Neurological Disorders and Stroke.

According to NINDS, a TBI

 

Occurs when a sudden trauma causes damage to the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. A person with a mild TBI may remain conscious or may experience a loss of consciousness for a few seconds or minutes. Other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking. A person with a moderate or severe TBI may show these same symptoms, but may also have a headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.

 

This video helpfully illustrates the concepts spelled out by the federal brain injury experts.

The damage done to the nerves may not show up on MRIs or CAT and PET scans. Anyone in Virginia who files an insurance claim or a personal injury lawsuit over a TBI should at least consult with a brain injury lawyer to learn what types of medical evidence and testimony is needed to establish the existence of a TBI.

 

LEARN MORE

• The Devastating Effects of a Brain Injury
• The Most Common Causes of Brain Injuries
• Brain Injury Treatments

 

EJL