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Brain Injury Lawyer
in Charleston, WV
Brain injuries affect thousands of individuals every year and have the potential to forever alter the lives of victims and their families. These injuries can result from a variety of accidents, many of which are the result of negligence. When you have suffered a brain injury because of another party’s carelessness, it is important to seek the help of a brain injury lawyer in Charleston, WV who can hold at-fault parties accountable.
The attorneys at Warner Law Offices, PLLC can come alongside you and fiercely protect your rights and fight for you when your life has been upended because of another party. Our team has more than 20 years of experience providing full-service representation and fighting for maximum results. Our Huntington personal injury attorneys know how devastating a brain injury can be, and we work diligently to secure results so you can have peace of mind when facing the future.
- Why Choose Our Brain Injury Attorneys in Charleston, WV
- Hear From Our Charleston Clients
- What Types of Compensation Can I Receive for a Brain Injury?
- Who Can Be Held Liable for My Head Injury?
- How Long Do I Have To File a Brain Injury Lawsuit in West Virginia?
- Types of Traumatic Brain Injuries
- Closed vs. Open Head Injuries
- Signs of Brain Injuries
- Contact Us for Legal Guidance After Your Brain Injury in Charleston, WV
Why Choose Our Brain Injury Attorneys in Charleston, WV
We understand how difficult coping with a brain injury can be for you and your family as you consider your next steps. Warner Law Offices, PLLC is here to provide an empathetic helping hand as we guide you through the legal system’s complexities. While you focus on healing, we’ll work to seek compensation for you by doing the following:
- Investigating and collecting evidence relevant to your case
- Consulting with experts to determine the cause and extent of your injury
- Handling settlement negotiations
- Preparing and filing paperwork
- Representing you in court if the case goes to trial
You can benefit from our extensive resources, experience, and knowledge while we fight to secure fair compensation for you. Founding attorney Bobby Warner was raised in West Virginia. He and his team have spent over 20 years fighting for their neighbors who’ve suffered catastrophic injuries. We’ll meet with you face-to-face during the process to keep you informed about what’s happening. If you have questions or concerns about your case, we’re always a phone call away.
Brain Injuries Can Result from a Variety of Causes
A traumatic brain injury is a broad term that can encompass several types of injuries and can occur when the brain is subjected to force. This may include blunt force trauma or a penetrating wound to the head. These injuries can range in severity and be unpredictable. However, they can cause consistent problems for victims.
Individuals can sustain these injuries through a variety of accident types. These accidents and injuries can occur while going about your everyday routine or as a result of violence. Regardless of the specific cause, if you sustained a brain injury because of another party’s negligence, then you may be entitled to take legal action. Below is a closer look at some common causes of brain injuries and what your legal options may be.
Head Injuries From Workplace Accidents
A common cause of brain injuries is workplace accidents. Certain industries have a particularly high risk of producing brain injuries, including construction, manufacturing, and transportation. These occupations often involve operating heavy machinery, working at great heights, working around falling debris, and other hazardous conditions.
If you’ve suffered a head injury at work, you may be eligible for both workers’ compensation benefits and personal injury damages. Your legal options depend on the cause of your head injury. Our law firm can review your legal options and help you pursue one or both types of head injury claims.
Head Injuries From Slips and Falls
Property owners have a duty to maintain safe premises for visitors. When they neglect this duty, head injuries can result. A slip, trip, or fall on a wet floor, poorly lit stairs, or uneven flooring can all cause head injuries.
This area of the law is called premises liability. Our traumatic brain injury lawyers have represented many premises liability victims in lawsuits against negligent property owners. We can help you determine if the property owner is liable for your head injury if you slipped and fell on their premises. If so, we’ll be ready to file a slip and fall accident claim on your behalf.
Head Injuries From Motor Vehicle Accidents
One of the leading causes of head injuries is auto accidents. The force of a car crash can cause the brain to hit against the inside of the skull and cause a concussion. Some head injuries from motor vehicle accidents involve physical impacts, such as hitting your head on the steering wheel or dashboard. Brain bleeds from car accidents are also common. You may have the right to seek compensation if another driver was at fault. We can help you build a strong case while you focus on your recovery.
Types of Injuries That Can Result from Brain Trauma
Brain injuries can take many forms and range from minor to severe. These injuries can cause swelling and inflammation in the brain, as well as bleeding and tissue tears. The area affected by the brain often dictates which areas of the body may be affected and what type of symptoms may present themselves, and a patient’s prognosis. Some common types of brain injuries can include:
- Concussion
- Diffuse axonal injury (DAI)
- Hematoma
- Contusion
- Skull Fracture
Brain injury victims may also suffer secondary effects after the initial accident, which can cause additional challenges and complications. It is important to work closely with experienced medical professionals and follow all medical advice.
- 20+ Years of Experience
- Award Winning Law Firm
- No Fees Unless You Win
- Millions Won For Our Clients
"Many law firms charge you hourly rates or upfront fees. At Warner Law Offices, we made the decision years ago to provide free consultation and free case evaluations. You'll pay nothing while we work on your case. We only get paid after we win."
Common Signs that You May Have Suffered a Brain Injury
Time is of the essence when you or a loved one has suffered a brain injury. Treating the injury and preventing further damage is essential for ensuring safety and improving your overall outlook. This means that it is important to know what signs and symptoms to look out for, which include:
- Headaches
- Blurry vision and/or sensitivity to light
- Difficulty speaking
- Nausea and/or vomiting
- Uneven pupil dilation
- Seizures
- Fluid drainage from the ears or nose
- Difficulty focusing
- Confusion
- Decrease or loss of consciousness
- Mood swings
- Fatigue
- Sleeping too much or too little
If any of these symptoms present themselves, it is critical to receive emergency care immediately. However, if you have been in an accident where you suspect a head injury, talk to a medical professional and request a full examination. Even if you do not notice any initial symptoms, it does not mean that you may not have suffered a brain injury, as injuries can be delayed at times.
The Impact Brain Injuries Can Have on Victims and Their Families
Brain injuries, especially severe ones, can impact every area of an individual’s life. Everyday tasks may become difficult, and the recovery process may present many challenges. These injuries can cause physical, cognitive, social, behavioral, and emotional impairments. These limitations can also take a psychological toll on brain injury victims as they grieve their losses and diminished quality of life. As such, it is important to have a strong support system in family, friends, and healthcare professionals.
Challenges Living with a Brain Injury
Individuals who have suffered brain injuries may have to relearn functions and skills to help them offset the limitations they face. For some, learning new skills can help compensate for restrictions. Through treatment and therapies, brain injury victims can regain their agency, independence, and autonomy to help them live full, quality lives.
Supporting a Family Member After a Brain Injury
Brain injuries can be difficult for families as well. Watching a loved one navigate their injury can create a feeling of helplessness and uncertainty about how to provide support. Families may also be on the receiving end of emotional outbursts and anger from their family member who has suffered a brain injury. Family members, especially those who are caregivers, should also seek outside support.
Our Attorneys Help You Hold At-Fault Parties Accountable for Your Brain Injury
When you have suffered a brain injury caused by another party’s negligence, holding them accountable is an essential first step to recovering your losses. Losses from a brain injury can be extensive, and a party who is deemed at fault must pay for the harm they caused.
A Charleston brain injury attorney can help you take the necessary steps to demonstrate that your injury was caused by negligence. Armed with the evidence, your lawyer will make a case based on the following elements:
- Duty of Care: The other party owed you a duty of care to make sure their actions didn’t cause harm, and you were kept safe.
- Breach of Duty: The other party breached their duty to you by being careless or reckless in their actions or duties.
- Causation: The other party’s actions were the catalyst that caused an accident and resulted in your brain injury.
- Damages: The other party must pay you for the damages they caused once their role in the accident has been established.
As our team builds your case to meet the above requirements, we tailor our arguments to your circumstances and the available evidence in your case. Customizing your claim allows us to optimize your claim for favorable results. We work diligently to ensure that any party at fault is held liable, and their contribution to your brain injury is clearly established as a fact. We also navigate obstacles that may arise when parties try to avoid taking responsibility, so you can still recover your losses.
Types of Compensation You May Be Able to Receive for a Brain Injury
As a traumatic brain injury victim, you are likely facing many expensive medical bills while also navigating the uncertainty of how to provide for your family. This is often a very difficult time for brain injury victims and their families, and it can cause immense stress. To get some financial relief and reduce stress during your recovery, it’s important to work with an experienced lawyer who can negotiate maximum compensation for your losses. Compensation may include any of the following damages:
- Medical expenses
- Rehabilitation and therapy costs
- Equipment and accommodations
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of quality of life
- Emotional distress
Economic and Non-Economic Damages
These types of compensation fall into two categories: economic and non-economic damages. Economic damages include quantifiable financial losses, such as medical expenses, lost wages, and lost earning capacity. Non-economic damages are tougher to quantify because they compensate for the injury’s impact on your life. They include pain and suffering, loss of quality of life, and emotional distress.
Under West Virginia law, there are no caps on economic damages in most cases, such as car accidents or product liability claims. However, the state caps non-economic damages at $250,000 in general medical malpractice cases, according to West Virginia Code §55-7B-8. In circumstances 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.
Statute of Limitations for Brain Injury Cases: The Deadline to File a Claim
West Virginia limits the amount of time brain injury victims have to hold a negligent party accountable and recover compensation. Per West Virginia Code §55-2-12, victims generally have two years from the time of the accident to take action.
If an accident results in death, then a claim may be filed on the individual’s behalf within one year. Additionally, a traumatic brain injury resulting from medical malpractice has a limitation of two years from the date of injury or discovery, per West Virginia Code §55-7B-4.
These dates are important because you could be left covering the cost of your medical care and other losses yourself if you do not file a lawsuit in time. Acting quickly after an accident can help ensure that you have enough time to satisfactorily resolve your case and have fresh evidence to support your claim. When you schedule a consultation, our team can discuss how much time you have to resolve your claim and what options you have based on this timeline.
Contact Our Charleston Brain Injury Attorneys Today
Brain injuries can have a profound impact on your life, and Warner Law Offices, PLLC provides tailored, compassionate support to help you navigate this difficult time in your life. We help connect you with the resources you need for your recovery and advocate for you so you can recover maximum compensation for your situation. To set up a free consultation with our brain injury lawyers in Charleston, WV, contact our law firm online.
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Charleston, WV 25301
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.
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