A Virginia traumatic brain injury (TBI) claim is a personal injury claim for damage to the brain caused by a blow, jolt or penetrating wound to the head, brought against the person or company whose negligence caused it. Brain injuries range from concussions to severe injuries requiring surgery, and the claim must account for symptoms that can last for years.
Blank Kim Injury Law represents people with brain injuries from car and truck crashes, falls, assaults, sports and workplace accidents throughout Northern Virginia. Attorneys Aaron Blank and Robert Kim work from our Fairfax office on Chain Bridge Road. Robert Kim speaks Korean, and our paralegal team speaks Spanish, so families can discuss sensitive medical details in the language they are most comfortable with.
Types of traumatic brain injury
Doctors group brain injuries by how they happen and how severe they are. The label on the emergency room chart does not always predict how a person will do months later.
| Injury | What happens | What people often notice |
|---|---|---|
| Concussion (mild TBI) | The brain is shaken inside the skull, disrupting how it works | Headaches, fogginess, light sensitivity, trouble concentrating |
| Contusion | A bruise on the brain tissue itself | Symptoms tied to the area bruised, such as speech or memory problems |
| Diffuse axonal injury | Nerve fibers are stretched and torn by rapid rotation, as in a high-speed crash | Confusion, loss of consciousness, lasting cognitive changes |
| Brain bleed (hematoma) | Blood collects on or in the brain and puts pressure on it | Worsening headache, drowsiness, vomiting; often needs emergency surgery |
| Anoxic or hypoxic injury | The brain goes without enough oxygen, as in near drowning | Memory loss, movement problems, changes in personality |
Loss of oxygen injuries are discussed further on our drowning accident page.
Brain injury symptoms that are easy to miss
Many people with a concussion are sent home from the emergency room with normal scans. CT scans are good at finding bleeding, but they often do not show the kind of damage behind lasting concussion symptoms. Family members often notice changes before the injured person does:
- Headaches that do not go away, or get worse with screens and noise
- Forgetting conversations, appointments or where things were put
- Trouble following a meeting at work or reading more than a few pages
- Irritability, anger or tearfulness that is out of character
- Sleeping far more or far less than before
- Dizziness, ringing in the ears, or vision problems
- Anxiety and depression that begin after the injury
Tell your doctor about every symptom, and ask about a referral to a neurologist, neuropsychologist or concussion clinic if symptoms last. Those evaluations create the record a claim relies on.
Accidents that commonly cause brain injuries
- Car accidents and truck accidents, where the head strikes a window or pillar, or whips forward and back, even at moderate speeds on I-495 or Route 50
- Motorcycle crashes, bicycle accidents and pedestrian accidents, where there is nothing between the head and the pavement
- Slip and fall injuries, especially down stairs or onto concrete, and falls by older adults
- Falls from ladders and scaffolding on construction sites
- Assaults in places with inadequate security. See negligent security claims.
- Youth and recreational sports injuries where a concussion was not recognized or a player was returned to play too soon
Severe brain injuries in Northern Virginia are usually treated at Inova Fairfax Medical Campus, the region’s Level I trauma center. Its records, and those of any rehabilitation program that follows, are central to the claim.
How a brain injury is proved in a Virginia claim
Because many brain injuries are invisible, insurers often argue that symptoms are exaggerated or caused by something else. A strong claim brings together:
- Medical records from the first responder onward, including any report of confusion or loss of consciousness at the scene
- Imaging, including MRI studies that can show injury a CT scan misses
- Neuropsychological testing that measures memory, attention and processing speed
- Statements from family, coworkers and friends about how the person has changed
- Work records showing performance before and after the injury
- Testimony from treating physicians and, where needed, qualified expert witnesses
Fault still has to be proved as well. Virginia follows contributory negligence, so a person found even slightly at fault is generally barred from recovering. The defense will look closely at how the accident happened. Read about contributory negligence in Virginia.
Planning for the long-term costs of a brain injury
A settlement is usually final, and it has to cover what the injury will cost in the future, not only what it has cost so far. For a moderate or severe brain injury, that can include:
- Cognitive, speech, occupational and physical therapy
- Medication, follow-up imaging and visits to neurologists for years
- Home care, supervision or residential care
- Lost earnings, or the loss of a career altogether
- Changes to the home and vehicle
- Pain, suffering and the loss of the independence, work and relationships the person had before
Under Virginia’s collateral source rule, payments from your own health insurance generally do not reduce what the responsible party owes. No page can tell you what a claim is worth, and past results in other cases do not predict yours. When a brain injury is catastrophic, see also our page on catastrophic injury claims.
Filing deadlines for brain injury claims in Virginia
Virginia generally allows two years from the date of the injury to file a personal injury lawsuit, under Va. Code § 8.01-243(A). Claims against a county, city or town can require written notice within six months, under Va. Code § 15.2-209.
Virginia law has special timing rules for some people whose injuries leave them unable to manage their own affairs, and for children. Whether they apply depends on the facts and on a physician’s assessment, so do not rely on them without advice. When a brain injury is fatal, the family may have a Virginia wrongful death claim.
How our Virginia brain injury lawyers work with families
- Free case review. Talk with us by phone or through the form on this page. A family member can call for someone who is not able to. There is no obligation to hire us.
- Building the medical picture. We gather records and help make sure the right evaluations are documented.
- Proving fault. We investigate the crash, fall or incident with Virginia’s fault rule in mind.
- Valuing the future. We document long-term needs so a settlement does not fall short years later.
- Litigation when needed. If there is no fair offer, we can file suit in the right Virginia court, including the Fairfax County Circuit Court near our Fairfax office.
