Understanding the Effects of Traumatic Brain Injury

Traumatic Brain Injury (TBI) is one of the most common serious injuries related to car accidents in West Virginia. The range of TBI injuries can make them not only difficult to diagnose accurately, but also tough to defend in personal injury cases. If you or someone you love has been injured in a car accident, slip and fall or other type of personal injury case, it is imperative that you contact a reliable attorney in West Virginia to represent your rights.
The Effects of TBI
When TBI occurs, the brain is shifted within the skull, causing it to collide with the hard bone surrounding your brain. This can cause temporary or permanent damage, ranging from a mild temporary concussion to severe permanent brain damage. The effects of these injuries, then, can also be highly diverse.
In general, though, about half of severely injured TBI patients need surgery to remove or repair ruptured blood vessels (called hematomas) or bruised brain tissue (contusions). Disabilities as a result of TBI are dependant on the injury and severity of the injury, but can include problems with memory, reasoning and thinking; problems with speech and understanding; sensory problems such as poor eyesight, smell or taste; behavioral issues and mental disabilities.
Some TBI patients also suffer from really vague symptoms that can be hard to diagnose, including anger issues, aggression, acting out and social inappropriateness. Because doctors only have access to a limited number of scans and tests for TBI victims, these effects of brain injury can be tough to attribute to particular accidents.
This, in turn, can result in insurance claim underpayment or denials in personal injury cases. So, recovering damages for your TBI injury requires a professional personal injury attorney who knows how to prove these types of cases with varied legal techniques.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "Understanding the Effects of Traumatic Brain Injury" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Premises owners and commercial entities owe an affirmative duty of reasonable care to maintain safe conditions for invited guests and patrons under West Virginia common law.
- •Establishing actual or constructive notice of a hazard is a core requirement for imposing liability in civil negligence and premises claims.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What must an injured person prove in a West Virginia personal injury case?
The plaintiff must establish that the defendant owed a duty of care, breached that duty, and directly caused measurable damages as a proximate result of the breach.
What is the general statute of limitations for personal injury in West Virginia?
Under W. Va. Code § 55-2-12, the standard statute of limitations for personal injury lawsuits is two years from the date the injury occurred.
Related Practice Resources & Analysis
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