Brain Injury Lawyer
in Charleston, West Virginia
A brain injury can have catastrophic consequences, placing severe financial and emotional stress on the victim and their family. In the aftermath of these injuries, seeking help from a skilled Charleston, WV, brain injury lawyer is crucial. Our talented team at Warner Law Offices, PLLC, is well-versed in handling brain injury cases and prepared to help you seek the compensation you deserve.
A brain injury can have devastating financial and emotional repercussions for the victim and their loved ones. In many cases, those consequences are long-term or lifelong. If you or a loved one have experienced an accident resulting in a brain injury, seeking top-rated legal assistance is crucial. Let our law firm help you seek the money necessary to cover your lost wages, pain and suffering, ongoing medical expenses, rehabilitation and therapy, and other damages.
At Warner Law Offices, PLLC, we’re well-versed in the intricacies of brain injury cases and can help you navigate the complexities of the legal system. We’re here to help, so if you’ve been injured in an accident, don’t hesitate to contact us.
- Why Choose Warner Law Offices, PLLC?
- What Types of Compensation Can I Receive for a Brain Injury?
- Who Is Liable for My Brain Injury?
- How Long Do I Have to File a Brain Injury Lawsuit?
- Types of Traumatic Brain Injuries
- Signs of Brain Injuries
- Treatment for Brain Injuries
- Seeking Legal Guidance After a Brain Injury
Why Choose Warner Law Offices, PLLC?
At Warner Law Offices, we’re committed to helping people recover the compensation they deserve. For over 20 years, we’ve fought for injured clients in Charleston, West Virginia, and beyond.
Our case results are a testimony to our steadfast dedication to our clients. We’ve recovered millions of dollars for victims through compassionate, personalized care and are dedicated to securing the best outcome for every client.
We understand how difficult the aftermath of a brain injury can be for you and your family as you consider your next steps. We provide an empathetic helping hand as we guide you through the complexities of the legal system.
While you focus on healing, we’ll work to seek compensation on your behalf. We will do the following:
- Conduct an extensive investigation to collect evidence relevant to your case, including medical records, video footage, and witness statements
- Consult with experts to determine the cause and extent of your injury
- Handle settlement negotiations
- Supply personalized legal advice to help you decide the best strategy
- Prepare and file all paperwork with the insurer and court
- Represent you in court if the case goes to trial
We’ll conduct several face-to-face meetings during the process to keep you informed about what’s happening. If you have questions or concerns about your case, we’re never more than a phone call away.
If you or a loved one have experienced a brain injury due to an accident, don’t hesitate to contact our skilled brain injury attorneys at Warner Law Offices.
What Types of Compensation Can I Receive for a Brain Injury?
Victims of traumatic brain injuries can recover several types of compensation, including the following:
- Medical expenses
- Rehabilitation and therapy costs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of quality of life
- Emotional distress
These types of compensation fall into two categories:
- Non-economic damages
Economic damages include quantifiable monetary losses, including medical expenses, lost wages, and lost earning capacity.
Non-economic damages are tougher to quantify since they compensate for the impacts on your life. They include pain and suffering, loss of quality of life, and emotional distress.
Under West Virginia law, some caps may apply to the amount of damages victims can recover.
While there are no caps on compensatory damages in cases stemming from other incidences, such as a car accident or product liability claim, the state imposes caps on non-economic damages in medical malpractice cases.
It sets a maximum limit of $250,000 for non-economic damages in general medical malpractice cases. In cases where malpractice causes permanent disability or death, the cap increases to $500,000. These amounts are adjusted for inflation to a certain limit.
West Virginia doesn’t cap economic damages in medical malpractice cases.
Who Is Liable for My Brain Injury?
Brain injuries can arise from various incidents, including the following
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip-and-fall accidents
- Workplace accidents
- Defective products
- Medical malpractice
Due to the variability in each case, several parties may hold liability.
For example, suppose a driver was under the influence of alcohol and careened into oncoming traffic and hit your car, resulting in a traumatic brain injury. In this case, the driver would be liable for your damages.
If your medical provider’s negligence results in a brain injury, you may hold them responsible for their actions.
A product manufacturer can also be a liable party. For instance, suppose your vehicle’s airbag didn’t deploy or inflate properly when another driver crashed into you, resulting in more severe injuries. In this case, you could hold the other driver and the airbag manufacturer accountable.
You may also be able to hold liable the vehicle manufacturer and other parties that may have been responsible for distributing the airbag.
These cases can become complicated, so seeking help from a top-rated brain injury attorney is essential.
How Long Do I Have to File a Brain Injury Lawsuit?
The statute of limitations in West Virginia for personal injury and negligence claims, including brain injury cases and wrongful death, is two years. This means you typically have two years to bring your brain injury lawsuit against the responsible party.
Given the time restraints for these cases, it’s important to seek legal guidance from an experienced Charleston, WV, brain injury lawyer as soon as possible.
Types of Traumatic Brain Injuries
There are several grades of traumatic brain injuries, or TBIs, including:
- Mild: These injuries often involve brief lapses in consciousness for less than 30 minutes, although symptoms usually last less than a day. These injuries include mild concussions.
- Moderate: This injury grade is associated with longer lapses in consciousness, with patients losing consciousness for over 30 minutes but no longer than one day. Symptoms resulting from these injuries can last up to a week.
- Severe: In these cases, individuals often lose consciousness for over a day, possibly even several days or weeks. Clear changes in the brain often appear on computed tomography (CT) scans and magnetic resonance imaging (MRI).
Common types of traumatic brain injuries include:
- Second impact syndrome
- Coup-contrecoup brain injury
- Intracranial hematomas
- Diffuse axonal injury
- Penetrating brain injury
Signs of Brain Injuries
Mild to severe brain injuries often cause several common symptoms, including the following:
- Behavioral or mood swings
- Slurred speech
- Confusion or memory issues
- Restlessness or agitation
- Convulsions or seizures
- Dizziness or fainting
- Sleeping too much or too little
- Nausea and vomiting
- Dilated pupils or blurred vision
- Light and scent sensitivity
In infants and small children, brain injuries can be harder to detect. Immediate signs may also include:
- Inconsolability or incessant crying
- Refusal to eat, drink, or breastfeed
Treatment for Brain Injuries
The treatment protocol for a catastrophic injury like a TBI depends on its severity. Treatment might be unnecessary in mild cases, although rest and over-the-counter pain relievers can help alleviate mild symptoms.
In moderate to severe injury cases, immediate medical attention is often critical. Emergency care focuses on ensuring the individual is stable by confirming they have enough oxygen, an adequate blood supply, and strong blood pressure. Treatments to address the brain injury and secondary damage may include:
- Medications, such as diuretics, coma-inducing drugs, or anti-seizure drugs
- Surgery to repair skull fractures, stop brain bleeds, relieve pressure, or remove hematomas
- Rehabilitation, often through physiatrists, physical therapists, occupational therapists, neuropsychologists, and other rehab specialists
Contact Us for Legal Guidance After Your Brain Injury
At Warner Law Offices, PLLC, we’re dedicated to helping you navigate the legal system. Contact us at 304-345-6789 to schedule a free consultation today. While you focus on healing, we’ll help you protect your rights and passionately fight on your behalf to help you secure the best possible outcome.
Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.