Widely misunderstood, frequently misdiagnosed and, in too many cases, devastating, brain injuries afflict millions of Americans. They result from a range of causes, and someone else’s negligence or recklessness often plays a role.

As Virginia Beach-based personal injury lawyers, my colleagues and I have advised and represented hundreds of traumatic brain injury victims. A majority of these clients incurred their TBIs in car and truck crashes. Many were bike and motorcycle riders. Others came to us following train wrecks, and a few sought our help after falling victim to medical malpractice. The most heartbreaking cases may be the ones involving children who were deprived of oxygen during completely preventable near-drownings in pools where owners failed to prevent access.

In several of those case, spouses, adult children and parents had to act on behalf of their love one because the TBI left the victim unable to advocate on their own behalf. The strain that a serious brain injury places on the victim’s entire family cannot be overemphasized.




Tragic Injuries Make for Tough Cases

We can never guarantee that a person who suffers from a TBI will succeed in holding the responsible party accountable. Brain injury cases are among the most difficult to win because insurance claims adjusters and civil trial jurors cannot see many of the disabling effects of a TBI.

No matter how painful recurrent or incessant headaches are, their existence can be denied with the ironic statement that’s “it’s all in your head.” People who never met the plaintiff in a TBI case before their accident will not know how much has been lost in terms of the ability to communicate clearly, learn and retain new information, or control emotions.

Adding to the problem of how invisible a TBI may be to others is the fact that a fundamental misconception of what constitutes a traumatic brain injury took hold long ago and has proven nearly impossible to root out. People tend to think that if the skull remains intact, a person who suffers a blow to the head will be fine. “Getting your bell rung” is just something you can “shake off.”

The truth is that the Centers for Disease Control and Prevention classifies concussions as TBIs. That injury happens when the brain slams into the inside of the skull, and symptoms from nausea and dizziness to trouble sleeping and mental confusion can last for years.

Why Accepting the Challenge Makes Sense

No one is immune to a serious brain injury. Proving that one has happened requires obtain, organizing and resenting extensive medical documentation, expert diagnoses and assessments from experts. During a trial or insurance claims process, testimony from family members can be essential to conveying the toll taken by the accident.

The financial struggles due to doctor and therapy bills, as well as lost income, compound the physical and emotional difficulties. Knowing all this only affirms our commitment to serving TBI victims.